LNAT Legal Reasoning 3 — Questions and Answers
Question 1: A newspaper publishes a true but embarrassing story about a private individual. The individual sues for defamation. What is the publisher's strongest defense?
- Fair comment
- Justification (truth) (Correct answer)
- Absolute privilege
- Consent
Correct answer: Justification (truth)
Truth (justification) is a complete defense to defamation because a true statement cannot, by definition, be defamatory.
Question 2: Which of the following best describes the difference between civil and criminal law?
- Civil law is enforced by police; criminal law is not
- Criminal law imposes fines only; civil law imposes imprisonment
- Civil law resolves disputes between parties; criminal law punishes offenses against society (Correct answer)
- Criminal law requires a lower standard of proof than civil law
Correct answer: Civil law resolves disputes between parties; criminal law punishes offenses against society
Civil law settles private disputes and seeks remedies like damages; criminal law addresses wrongs against the state and may impose punishment.
Question 3: An employer dismisses an employee without following any disciplinary procedure. Under employment law, this is most likely:
- Wrongful dismissal only
- Unfair dismissal only
- Both wrongful and unfair dismissal (Correct answer)
- Neither, as the employer has the right to dismiss
Correct answer: Both wrongful and unfair dismissal
Skipping procedure can render a dismissal both procedurally unfair (statutory) and wrongful (breach of contractual notice terms).
Question 4: In the law of negligence, which element is satisfied when a reasonable person would have foreseen harm from the defendant's conduct?
- Causation
- Remoteness
- Duty of care (Correct answer)
- Breach of duty
Correct answer: Duty of care
Duty of care is established (in part) by the Caparo test's requirement that harm be reasonably foreseeable.
Question 5: A bill passes through both Houses of Parliament but the monarch refuses to grant Royal Assent. What is the constitutional effect?
- The bill becomes law after 30 days
- The bill fails to become an Act (Correct answer)
- The Supreme Court can enact it instead
- The Prime Minister can override the refusal
Correct answer: The bill fails to become an Act
Royal Assent is constitutionally required for a bill to become law; while refusal would be a constitutional crisis, its legal effect is that the bill fails.
Question 6: The rule in Rylands v Fletcher imposes liability for:
- Negligent escape of a dangerous thing brought onto land
- Strict liability for escape of a thing likely to do mischief (Correct answer)
- Liability only where the defendant intended harm
- Vicarious liability for employees' acts
Correct answer: Strict liability for escape of a thing likely to do mischief
Rylands v Fletcher establishes strict (no-fault) liability when a non-natural use of land causes a dangerous thing to escape and cause damage.
Question 7: Which of the following is an example of a statutory instrument?
- A judgment of the Court of Appeal
- A by-law made by a local council
- Delegated legislation made by a minister under an enabling Act (Correct answer)
- A practice direction issued by the Lord Chief Justice
Correct answer: Delegated legislation made by a minister under an enabling Act
Statutory instruments are a form of delegated legislation made by ministers using powers granted by a parent (enabling) Act.
LNAT Legal Reasoning 3
A newspaper publishes a true but embarrassing story about a private individual.
The individual sues for defamation.
What is the publisher's strongest defense?