qriosity - 2018 round one house 01 - cfps courseweb · carlill v carbolic smoke ball : 1. said that...

QRIOSITY - 2018Round One

House 01

1.A contract may be :

1. Oral or in writing

2. Written or in digital form

3. Oral or verbal

4. All of the above

2. What does the actus reus of a crime always

have to comprise of?

1. Consequences

2. Conduct

3. Circumstances

4. All of the above

3. What is the difference between an

agreement and a contract :

1. No difference

2. In an agreement parties agree in a contract parties have no choice it

is imposed by law

3. Both are agreements however a contract is an agreement which is

legally enforceable

4. No significant difference

4.What is considered the ‘Act Requirement’?

Where the defenadant has not acted there can be no liability

CfPS Law School 2017 5

5. Blue v Ashley [2017] EWHC 1928 is connected with

1. Anticipatory breach

2. Limitations on the doctrine of frustration

3. Intention to create legal relations

4. Non pecuniary loss

6.What are the two components of an act?

1.Bodily movement 2. Voluntary

7. Which of the following is true with regard to withdrawing of an offer :

1. offeror can withdraw the offer any time after it is accepted

2. offeror cannot withdraw an offer once it is made to offeree

3. offeror can withdraw offer any time before it is validly accepted

4. offeror can withdraw the offer at any time prior to the commencement of the trial

8. In which case was the following said about voluntariness?

“No act is punishable if done involuntarily … means an act which is done by the muscles without the

control by the mind … an act done by a person who

is not conscious of what he is doing …”Bratty v AG for Northern Ireland

9. Adams v Lindsell :

1. Set the postal acceptance principle

2. Said a newspaper advert is usually an invitation to treat

3. Said offer can be withdrawn any time before it is

validly accepted

4. set the rules relating to the Postal laws

10. Carlill v Carbolic Smoke Ball :

1. Said that a display of goods can be an offer

2. Said that an advertisement can be an offer

3. Said request for tenders can be an offer

4. said that a smoke ball is an offer


House 02

1. Partridge v Crittenden said :

1. Advertisements can be an offer

2. Advertisements are generally only invitations to treat

3. Said advertisement can never be offers

4. A tender can be an offer

2. In English Criminal Law where does one find the

definition of a crime?

Common law

statute

3. Fisher v Bell established :

1. Acceptance rule

2. Display of goods generally is an invitation to treat

3. Display of goods is generally an offer

4. A sale is always a contract

4. Name three instances where crimes do not require any act at all?

Situational crimescrimes of possessioncrimes of omission


5. In this case the Supreme Court upheld the insurer’s claim holding that it was not a requirement of an action for deceit that the represented must show that he believed the misrepresentation

1. Zurich Insurance Co plc v Hayward [2016] UKSC 48

2. Severfield (UK) Ltd v Duro Felguera UK Ltd [2017] EWHC 3066 (TCC)

3. Vitol SA v Beta Renowable Group SA [2017] EWHC 1734 (Comm)

4. MacInnes v Gross [2017] EWHC 46 (QB)

6.What is the purpose behind statutory strict liability offences?

Regulatory rather than retributive

7. Hyde v Wrench established :

1. A counter offer revokes the original offer

2. Offer can be accepted at any time

3. Postal acceptance rule

4. A counter offer is a double offer

8. Name two statutory crimes

of omission?

Failing to wear a Seatbelt /helmet

Failing to display the licence plate

9. Consideration should be sufficient . It need not be ............

Adequate

10. A statement of mere inquiry does not amount to the

original offer being destroyed this is established in :

1. Hyde v Wrench

2. Stevenson v Mclean

3. Day Morrice Associates v Voyce

4. Carlyle v Carbolic Smoke ball


House 03

1.Cross offers were explained in :

1. Tinn v Hoffman & co

2. Hyde v Wrench

3. Thorton v Shoe Lane Parking Ltd

4. Wagan Mound

2. In a crime of possession what does the prosecution

have to prove?

The D Was in possession of t he prohibited article

3. Thorton v Shoe Lane Parking Ltd :

1. The machine was the offer which was accepted by putting the

money in

2. Putting money into the machine was the offer

3. The machine dispensing the ticket was the acceptance

4. The vending machine was the offer

4. Name two items which would amount to prohibited articles for the purposes of crimes of possession?

Controlled drugs

extreme pornography

offensive weapons


5. In this case the Administrative Court confirmed that a person who uses a debit card at an ATM to withdraw cash commits theft if he has no overdraft facility and knows he does not have the funds to cover the amount withdrawn.

1. Chodorek v District Court of Kielce, Poland [2017] EWHC 995

(Admin)QBD

2. R v Ray [2017]

3. R (Collins) v The Secretary of State for Justice (2016) QBD.

4. R v Riddell [2017]

6. Why was Elvin charged under Section 3(1) of the Dangerous Dogs Act?

Allowing his pit bull terrier to be out of control

in a public place

7. When does an offer become legally binding :

1. As soon as it is accepted

2. On a date agreed by the parties

3. As soon as the it is made

4. Just before the contract is finalised

8. Why was Deyemi convicted of possession of a stun gun when he believed it to be a torch?

Prosecution had to only prove that D

was in possession

9. In Stilk v Myrrick the captain was able to go back on his

promise to share the wages between the crew because :

1. They had an existing legal duty to do what they promised

2. The crew had taken advantage of the captain

3. They had not done what they promised

4. The crew had not made a valid offer to the captain to sail

the ship

10. Re McArdle concerned :

1. A man seeking pardon from the king

2. A couple getting married

3. A wife undertaking repairs of a family home

4. A man seeking a knighthood from the king


House 04

1. Why did the court not follow Stilk v Myrrick in Hartley v Ponsonby?

1. Because the crew had gone beyond their existing legal duty

2. Because the crew were lucky

3. Because the crew had performed the promise precisely

4. Because the crew had made several counter promises

2. What is the first requirement when deciding

whether an offence can be committed by omission?

The conduct element of the offence should be

capable of commission by omission

3. Pinnel's case established :

1. Part payment of debt not good consideration

2. An existing duty owed to third party is correct

3. Consideration must be sufficient need not be adequate

4. Consideration can arise from a moral duty

4. What are the three requirements the prosecution needs to prove in result crimes?

•Wrongful conduct•Harm•Causation

5. According to Ivey v Genting Casinos [2017] UKSC 67

1. The Theft Act will no longer be relevant when deciding dishonesty in relation to theft

2. A two way test is adopted to assess dishonesty 3. Whether someone is dishonest or not does not vary with the

defendant’s own assessment of what counts as dishonesty but is decided according to objective standards of ordinary, reasonable people.

4. Dishonesty in fraud is different from dishonesty in Making off without payment

6.Name two instances where a legal duty to act may be created?

Special relationships

Contractual relationships

Voluntary assumption

Creating a dangerous situation

Glasbrook Bros v Glamorgan established that :

1. Part payment of a debt is not good consideration

2. Existing legal duty can be valid consideration where a party has gone beyond his legal duty

3. Past consideration is not good consideration

4. Future consideration is the best consideration

Why was the common law wife in Gibbons & Proctor was found guilty when for the death of the victim when she was not her child?

She was living with the man who was the father of the child and had

accepted his money for food

Why was past consideration considered sufficient in Lampleigh v Braithwaite?

1. Because the claimant has gone beyond his legal duty

2. Because the promisor has requested the performance

3. Because the claimant has conferred a benefit

4. Because the consideration is beyond the law of contract

For an agreement to be binding something of value in the eyes of the law must be exchanged by each party according to :

1. Foakes v Beer

2. Re McArdle

3. Thomas v Thomas

4. Charles v Dusseldorf

QRIOSITY - 2018Round Two

House 01

1.What area of law did the courts consider in the case of Madzimbamuto v Lardner-Burke (1969)?

1. The ECHR

2. Separation of powers

3. Supremacy of Parliament

4. Prerogative Powers

2.What is the definition of ‘Jurisdiction’?

1. The type of cases a court can hear

2. The right or authority each court has to hear and determine cases

3. The limit of judicial power the Supreme Court wields within the legal system

4. The geographical area within which courts can hear cases.

3.“Once a bill has passed through the requisite parliamentary stages

and receives Royal Assent, the courts will not inquire into the manner

in which it was passed.”

What is this principle of law referred to as?

1.Doctrine of implied repeal

2. Royal Prerogative

3. The Rule of Bill Passing

4. Enrolled Bill Rule

4.Which of the following statements is False?

1. In criminal cases the parties will be the State and the accused person(s).

2. ‘Public law’ concerns the relationship between individual persons or private bodies and the state

3. The burden of proof in a civil case is ‘on a balance of probabilities’

4. The state will be represented by a prosecutor from the Lord Chancellor’s Department in criminal trials

5.“When the courts are faced withe dilemma of deciding between the

two inconsistent Acts, the later Act is dth eemed to impliedly repeal the

earlier Act to the extent that the two Acts are incompatible.”

What is this principle of law referred to as?

1. Doctrine of implied repeal

2. Doctrine of Delegated Legislation

3. The Rule of Bill Passing

4. Enrolled Bill Rule

6. Which of the following Courts hears criminal trials on indictment?

1. The Court of Appeal Criminal Division

2. The Magistrate’s Court

3. The Crown Court

4. The Criminal Division of the High Court

7. What are the two Parliament Acts?

1. Parliament Act 1911 and Parliament Act 1949




8. Which one of the following courts hears appeals from the County Court?

1. The Court of Appeal Civil Division

2. The Crown Court

3. The Divisional Bench of the High Court

4. The Supreme Court

9.In what case was the Hunting Act 2004 challenged?

1. Ellen Street Estates Ltd v Minister of Health

2. Edinburgh and Dalkeith Rly Co v Wauchope

3. Thoburn v Sunderland City Council

4. Jackson v AG

10

10. That which is not connected to ministerial accountability

1. The Secretary of State for International Development, Priti Patel,

resigned in November 2017

2. Prime Minister David Cameron resigned in 2015

3. The Secretary of State for Defence, Michael Fallon, resigned on 1

November 2017

4. The First Secretary of State and Minister for the Cabinet Office (and

de facto Deputy Prime Minister), Damian Green resigned in 2017


House 02

1. Which of the following laws were passed under the Parliament Act 1949?

1. Hunting Act 2004

2. European Communities Act 1972

3. Legislative and Regulatory Reform Act 2006

4. Constitutional Reform Act 2005

2. What is the Act by which the Supreme Court was created?

Constitutional reform Act 2005

3. Which of the following is a characteristic of a prerogative power?

1. Derives Power from Parliament

2. Highest form of law

3. Can be abolished or restricted by an act of Parliament

4. Cannot be abolished or restricted by an act of Parliament

4. Which one of the following is the publisher of the official and most authoritative law reports in England and Wales?

1. All England Law Reports

2. Weekly Law Reports

3. Incorporated Council of Law Reporting for England and Wales

4. Westlaw

5. What is Dicey’s definition of prerogative powers?

1. ‘The residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown’

2. ‘The discretionary authority derived from the Queen and the Cabinet of Ministers’

3. ‘The residue of discretionary or arbitrary authority derived from acts of Parliament and left with the Prime Minister’?

4. ‘The authority derived from and attached to acts of Parliament’What is meant by a ‘concurring’ judgment?

6. What is meant by a ‘concurring’ judgment?

Where judges write a decision agreeing with

the other members of the panel it is called a

concurring judgement

I agree

7. Which of the following can Parliament do in relation to Prerogative Powers?

1. Abolish

2. Limit

3. Replace

4. All of the above

8. What was the Highest Court in the English

Legal System in 2005?

Judicial division of the House of Lords

9. Which of the following cases did NOT deal with Prerogative Powers?

1. In A-G v De Keyser’s Royal Hotel (1920)

2. In R v Secretary of State for the Home Department, exp Northumbria Police Authority (1989)

3. Duport Steels Ltd v Sirs (1980

4.Council for Civil Service Unions v Minister for the Civil Service (1984)

10. The case that is not connected to the

crown and prerogative powers is

1. R (Black) v Secretary of State for Justice [2017] UKSC 81

2. R (XH) v Secretary of State for the Home Department

[2017] EWCA Civ 41 LSM

3. Mohammed v Ministry of Defence [2017} UKSC 1

4. Miller v Secretary of State for Exiting the European

Union [2017] UKSC 5

QRIOSITY - 2018Round TwoHouse 03

1. Who made the following observation?

“When legislative power is united with executive power in a single person or in a single body of the magistracy, there is no liberty, because one can fear that the same monarch or senate that makes tyrannical laws will execute them tyrannically.”

1. Montesquieu

2. A.V. Dicey

3. Lord Bingham

4. Munro

2. The House of Lords was completely abolished by the

Constitutional Reform Act of 2005. Is this statement

true or false?

false

3. What was the argument made by Tomkins on the Separation of Powers?

1. That the separation of powers is Tripartite

2. The separation of powers is an unnecessary doctrine

3. All constitutional actors ultimately draw their power from either the Crown or from Parliament.

4. All constitutional actors are from the Executive, Judiciary or Legislature

4. Name the three divisions of the High Court.

Queens bench divisionFamily division

Chancery division

5. Which of the following laws provide that full-time members of the judiciary are not eligible to serve as MPs or peers?

1. Human Rights Act 1998

2. Act of Settlement 1701

3. European Communities Act 1972

4. House of Commons Disqualification Act 1975

6.What are the types of cases heard by the European Court of Justice?

Cases dealing with European Union Law

7. What are Clauses that enable ministers to amend Acts of Parliament

(primary legislation) using statutory instruments called?

1. Henry VIII Clauses

2. John IV Clauses

3. William VI Clauses

4. George II Causes

8. Give two examples of persuasive precedents

a) Decisions of lower courts are persuasive on higher courts and not binding

b) decisions of the judicial committee of the privy council

c) Decisions of the Scottish and northern Irish courts

d) Decisions of cases of other common law legal systems

9. By what person/body is most Secondary Legislation drafted by?

1. Parliament

2. Parliamentary Counsel

3. Legal branch of Government Department

4. Delegated Legislation branch of Legal Draftsman’s Department

10.A juror who admitted that he had conducted internet research into the background of a defendant during a burglary trial, which caused the conviction to be quashed, received a four-month prison sentence (suspended for 12 months). What is the case,

1. Solicitor general v Smith 2. Solicitor General v Stoddart3. Solicitor general v Strocker4. Solicitor General v Miller


House 04

1.What is the Parliamentary record known as?

1. Standing Orders

2. Hansard

3. Constitutional Record of proceedings

4. White Paper

2. What is meant by ratio decidendi?

Reasoning on which the decision in a case is made

3. What body considers whether each statutory

instrument contains any technical drafting flaws?

1. Select Committee on the Merits of Statutory Instruments

2. Parliament Sub-Committee on Legislation

3. Legal Draftsman’s Department

4. Joint Committee on Statutory Instruments

4. What is mean by obiter dictum?

Statements of law that are stated in a judgment which were not related to the facts or decision in the case is

called obiter dictum. Obiter dicta (pl)- things said by the way

5. Under which Act’s authority are statutory instruments

categorised as ‘regulatory reform orders’ regularly created?

1. Delegated Legislation Act 2002

2. Parliament Act 1949

3. Statutory Instrument & Legislation Act 2001

4. Legislative and Regulatory Reform Act 2006

6. The declaratory theory supports the view that….

1. The Parliament declares what law is

2. Parliament can change the law as and when Parliament wishes

3. Judges make law by judicial declarations

4. Judges in their decisions are merely declaring what the law is

7. That which is NOT a type of Statutory Instrument :

1. Regulations

2. Directives

3. Orders

4. Rules

8. What give the House of Lords and the

Supreme Court the power to overrule its

own previous precedents?

Practice statement 1966

9. Which of the following cant the courts NOT do in

relation to the Human Rights Act 1998

1. Make a declaration of incompatibility

2. Strike down incompatible primary legislation

3. Interpret laws to best give effect to the Human Rights Act 1998

4. Interpret laws in a manner that may not be compatible with the

Human Rights Act 1998

10. That which is not a proposal of the Bach

Commission’s final report

1. legal aid eligibility rules must be reformed;

2. the scope of civil legal aid must be reviewed and extended;

3. the universal operation of the legal aid system

and the Legal Aid Agency strengthened ;

4. public legal capability should be improved through a

national public legal education and advice strategy.

QRIOSITY - 2018Final Round

House 01

1. Who is not an authority expert on rule of law :

1. Paul Craig,

2. Jennings,

3. Lord Bingham

4. Raz

5. Lord Bowen

2.Kiranjith Ahluwalia

1. Her conviction was overturned by the appellate

court

2. She was eventually found guilty of manslaughter

3. The film “ Twelve angry men” based on her trial

4. Was the first Asian woman to be convicted for

shoplifting in England

3.Who is an expert on separation of powers:

1. Lord Scarman

2. Lord Hoffman

3. Lord Haw-haw

4. James Robart

4. What is the case principle of War Damages act

1965 which overruled Burma Oil :

1. The concept of EU supremacy

2. The concept of direct effect

3. The concept of parliamentary supremacy

4. The concept of indirect effect

5.What are the two main rules of statutory

interpretation?

The literal rule of interpretation

The golden rule of statutory interpretation the purposive rule of statutory interpretation

The mischief rule of statutory interpretation

6. That which is not a supposed corpse

case

1.Le brun

2. Miller

3. Tabo Meli

4. Church

7. What are the three types of judgments that can be given

in a case?

Unanimous

Concurring

Dissenting

8. The second aspect of the doctrine of privity is

considered to be unfair this was established in :

1. Beswick v Beswick

2. Smith v Land House Corporation’

3. Scruttons v Midland Silicones

4. European Union v UK

9.

S 11 of the Unfair contract terms act of 1977 talks about

the :

1. Subjective test

2. Test of unfairness

3. Reasonable persons test

4. Reasonable objective test

10. Unprotected railway crossing

what's the case?

1. Miller

2.Fagan

3.Lipman

4. Pitwood


House 02

1. What is not a case to support parliamentary

supremacy

1. Burma Oil case

2. GCHQ

3. Ellen Estate Case

4. Vauxhall Estate case

2. What are two cases for rule of law :

1. GCHQ

2. Anisminic

3. Ahluwalia case

4. R v White

3. Majewski case says1. If the offence is a specific intent crime and the

intoxication is voluntary, intoxication will not be a defence

2. If the offence is a basic intent crime and the intoxication

is voluntary intoxication, intoxication will not be a defence

3. If the offence is a specific intent crime and the

intoxication is involuntary intoxication, intoxication will not

be a defence

4. If the offence is a basic intent crime and the intoxication

is voluntary intoxication, intoxication will be a defence

4. What is the body responsible for judicial

appointments in the UK?

The judicial appointments Commission

5.What do you mean by binding

precedent?

Courts are bound by previous decisions

6. Which case decided that Silent telephone

calls can amount to an assault

1. R v Ireland

2. Tuberville v Savage

3. Savage and Parmenter

4 . Stone and Dobinson

7. What is royal prerogative?

Remaining powers of t he crown/queen or queens powers/ anything to that effect

8. A minor is bound by contracts of service :

1. Only if it is beneficial to him

2. Only if he wants to be bound by it

3. It is never binding on the minor

4. only if it suits his way of life

9. This case established that although existing contractual duty

is not good consideration if it was a risk to your life and you

continued with the contract is will be valid consideration :

1. Hartley v ponsonby

2. Willianms v Roffey

3. Stilk v Myrick

4. Merric v Turner

10. Case that decided that resort to criminal

courts in sporting injury should be

exceptional is : 1. A.G’s reference

2.Barnes

3.konzani

4.Singsby

QRIOSITY - 2018Final RoundHouse 03

1. How many countries were initial members at EEC in 1957?

1. 6

2. 2

3. 5

4. 7

2. How many countries are in EU :

1. 28

2. 27

3. 29

4. 20

3. Who delivered the famous statement about on automatism ?

1. Lord Bingham

2. Lord Denning

3. A.V Diplock

4. Lord Atkin

4. On what 2 grounds can cases be distinguished?

On material facts

On the law involved

5. What is the case that allowed the use of mansard when interpreting ?

Pepper v hart

6. Which is true about,Daniel Mcnaughten :

1. He was convicted because he killed

whilst been insane

2. He was convicted because he killed the

Prime Minster of Great Britain

3. Rules relating to insanity was laid down

in his case.

4. He was acquitted for killing Sir Robert

Peel

7. how does the golden rule work?

Begin by adopting a literal meaning and if it leads

to an absurdity modify the words to some extent

8. A statement which is literally true may be treated as a misrepresentation if relevant information related to the statement is not disclosed case example :

1. With v O’Flanagan

2. Dimmock v Hallet

3. Spice Girls v Aprila World Services

4. Royal Prerogative Services v Clapman

9. The person to whom the offer is made is called :

1. offeror

2. offeree

3. offeror/ offeree

4. Acceptor

10. Garbage left by a householder belongs to him till collected by the councilWhat's the case?

1.Williams v Phillips

2. Hibbert v McKierman

3.Woodman

4. Meredith


House 04

1. What is not a devolution act?

1. Scotland Act

2. Northern Ireland Act

3. England Act

4. Wales Act

2. What is not an act in your public syllabus :

1. HRA 1998

2. ECA 1972

3. CRA 2009

4. Parliamentary Act 1949

3. When a person eats food the so called food(mash) which is now in his stomac belongs to no one, not even to the person who ate the food.Whats the case?

1. Davidge v Bunnett

2. DPP v Huskinson

3. Corcoran v Whent

4. Wain

4. What is not a public body?

1. Funded by public

2. Performing a public Service

3. Private Charity

4. University of London

5. In the mid 19 century what was the stance of the House of Lords with regard to

precedent of their own cases?

They were not bound by their own decisions

6. Case that does not relevant for the purpose of dishonesty is

1. Freely

2. Gosh

3. Ivey

4. Re F

7. Give an example for a case where the House of Lords departed from its own previous decisions

Millangos v George Frank (textiles ) limitedBritish Railways Board v HerringtonR v Shivpuri

8. Which is not an example for bilateral mistake

1. Mistake as to identity

2. Absence of genuine agreement

3. Mistake as to existence of subject matter

4. Mistake about the purpose of the acceptance

9. In relation to misrepresentation, which one of

the following statements is true?

1. Statements of opinion can never amount to a misrepresentation.

2. Silence cannot amount to a misrepresentation

3. A statement with regard to the future is generally not a

misrepresentation.

4. All are false

10. The case on oblique intention1. Cunningham

2. 2. Caldwell

3. Woolin

4. Genting casinos

Untitled.pdf (p.1-44)House 01.pdf (p.1-11)House 02.pdf (p.12-22)House 03.pdf (p.23-33)House 04.pdf (p.34-44)

Untitled02.pdf (p.45-88)House 01.pdf (p.1-11)House 02.pdf (p.12-22)House 03.pdf (p.23-33)House 04.pdf (p.34-44)

Untitled03.pdf (p.89-132)House 01.pdf (p.1-11)House 02.pdf (p.12-22)House 03.pdf (p.23-33)House 04.pdf (p.34-44)

qriosity - 2018 round one house 01 - cfps courseweb · carlill v carbolic smoke ball : 1. said that...

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