CILEx L3 English Legal System & Court Structure 3 — Questions and Answers
Question 1: What does 'equity' mean in the English legal context?
- A body of law developed by the Courts of Chancery to supplement the common law (Correct answer)
- The principle of equal treatment before the law
- The financial value of a property
- The rules governing criminal sentencing
Correct answer: A body of law developed by the Courts of Chancery to supplement the common law
Equity is a distinct body of law developed historically by the Lord Chancellor and Courts of Chancery to provide remedies where common law was inadequate or overly rigid.
Question 2: What is a 'practice direction' in the English legal system?
- Guidance issued by the courts on procedural matters (Correct answer)
- A direction given by a barrister to a solicitor
- A government policy document
- An instruction from the Lord Chancellor to judges
Correct answer: Guidance issued by the courts on procedural matters
Practice directions are official guidance documents that supplement the Civil Procedure Rules or Criminal Procedure Rules, giving practical guidance on court processes.
Question 3: Who appoints judges to the Supreme Court?
- The Monarch on the advice of the Prime Minister, following selection by a commission (Correct answer)
- The Lord Chancellor alone
- The President of the Supreme Court
- Parliament by vote
Correct answer: The Monarch on the advice of the Prime Minister, following selection by a commission
Supreme Court justices are appointed by the Monarch on the advice of the Prime Minister, following a selection process conducted by an independent selection commission under the Constitutional Reform Act 2005.
Question 4: Which document sets out the Human Rights Act 1998 rights?
- The European Convention on Human Rights (Correct answer)
- The UK Constitution
- The Bill of Rights 1689
- The Magna Carta
Correct answer: The European Convention on Human Rights
The Human Rights Act 1998 incorporated the rights contained in the European Convention on Human Rights into UK domestic law.
Question 5: What is 'judicial review'?
- A court's power to review the legality of decisions made by public bodies (Correct answer)
- A judge reviewing another judge's decision
- Parliament reviewing court decisions
- The appeal process in criminal cases
Correct answer: A court's power to review the legality of decisions made by public bodies
Judicial review is the process by which the courts supervise the exercise of public power, ensuring that public bodies act lawfully, fairly, and rationally.
Question 6: What is the 'doctrine of parliamentary sovereignty'?
- Parliament is the supreme law-making body and no court can override an Act of Parliament (Correct answer)
- The courts can strike down Acts of Parliament
- The Monarch has the final say in law-making
- The Prime Minister controls what Parliament legislates on
Correct answer: Parliament is the supreme law-making body and no court can override an Act of Parliament
Parliamentary sovereignty is a fundamental principle meaning Parliament can make or unmake any law, and no body (including the courts) can override or set aside an Act of Parliament.
CILEx L3 English Legal System & Court Structure 3
What does 'equity' mean in the English legal context?