ACCA LW · Chapter 1
The English legal system MCQs with Answers
10 multiple-choice questions on The English legal system for ACCA LW Corporate and Business Law. Try each one before revealing the answer and explanation.
Practise this chapter interactivelyQuestion 1
Which of the following Convention rights incorporated by the Human Rights Act 1998 is an absolute right that cannot lawfully be restricted?
- A) The prohibition of torture and inhuman or degrading treatment
- B) The right to respect for private and family life
- C) The right to freedom of expression
- D) The right to freedom of assembly and association
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Answer: A) The prohibition of torture and inhuman or degrading treatment
The prohibition of torture (Article 3) is absolute and admits no exceptions. Rights such as private and family life (Article 8), expression (Article 10) and assembly (Article 11) are qualified rights, which public authorities may restrict where the interference is lawful, pursues a legitimate aim and is necessary in a democratic society.
Question 2
In a civil case in the English courts, what standard of proof must the claimant normally satisfy?
- A) Beyond reasonable doubt
- B) Beyond all possible doubt
- C) On a prima facie case only
- D) On the balance of probabilities
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Answer: D) On the balance of probabilities
Civil claims are decided on the balance of probabilities, meaning the claimant must show that their version of events is more likely than not. Proof beyond reasonable doubt is the higher criminal standard. A prima facie case is merely enough evidence to require an answer, not the standard on which judgment is given.
Question 3
Which court is the final court of appeal for civil cases arising in England and Wales?
- A) The Supreme Court
- B) The Court of Appeal (Civil Division)
- C) The High Court
- D) The Crown Court
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Answer: A) The Supreme Court
The Supreme Court is the highest appellate court in the United Kingdom for civil matters and binds all lower English courts. The Court of Appeal sits below it, and the High Court hears first-instance claims and some appeals. The Crown Court deals mainly with serious criminal trials.
Question 4
Under the doctrine of judicial precedent, which part of a judgment binds later courts lower in the hierarchy?
- A) Obiter dicta
- B) The ratio decidendi
- C) Any dissenting judgment
- D) The summary of the facts given by the judge
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Answer: B) The ratio decidendi
The ratio decidendi is the legal principle on which the decision is based, and it is binding on lower courts in later cases with materially similar facts. Obiter dicta are statements 'by the way' and are only persuasive. Dissenting judgments are not binding, although they may later persuade a higher court.
Question 5
Which of the following statements about the Court of Appeal (Civil Division) is correct?
- A) It is free to depart from its own previous decisions whenever it considers them wrong
- B) It is generally bound by its own previous decisions, subject to limited exceptions
- C) It is bound by decisions of the High Court
- D) It is not bound by decisions of the Supreme Court if they are more than 20 years old
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Answer: B) It is generally bound by its own previous decisions, subject to limited exceptions
Following Young v Bristol Aeroplane Co, the Court of Appeal is normally bound by its own earlier decisions, except where they conflict, are inconsistent with a later Supreme Court/House of Lords decision, or were made per incuriam. It is bound by the Supreme Court regardless of the age of the decision. The High Court is below it, so its decisions cannot bind the Court of Appeal.
Question 6
Which of the following is an example of delegated legislation?
- A) An Act of Parliament that has received Royal Assent
- B) A statutory instrument made by a government minister under powers in an enabling Act
- C) A judgment of the Supreme Court
- D) A commentary in a leading legal textbook
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Answer: B) A statutory instrument made by a government minister under powers in an enabling Act
Delegated legislation is law made by a person or body other than Parliament under authority given by an enabling (parent) Act; statutory instruments, byelaws and Orders in Council are the main forms. An Act is primary legislation, a judgment is case law, and textbooks are at most a persuasive secondary source.
Question 7
A judge interprets a statutory provision by asking what problem the Act was passed to remedy, following the approach in Heydon's Case. Which rule of interpretation is being applied?
- A) The literal rule
- B) The mischief rule
- C) The golden rule
- D) The ejusdem generis rule
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Answer: B) The mischief rule
The mischief rule, derived from Heydon's Case, directs the court to consider the common law before the Act, the defect (mischief) the Act was meant to cure and the remedy Parliament provided. The literal rule gives words their plain meaning, while the golden rule departs from the literal meaning only to avoid an absurd result. Ejusdem generis is a linguistic rule about general words following specific ones.
Question 8
A statute refers to 'cats, dogs, rabbits and other animals'. A court holds that 'other animals' covers only domestic pets of a similar kind and not wild animals. Which rule of language has the court applied?
- A) Expressio unius est exclusio alterius
- B) Noscitur a sociis
- C) Ejusdem generis
- D) The presumption against retrospective effect
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Answer: C) Ejusdem generis
Under the ejusdem generis rule, general words that follow a list of specific items are read as limited to things of the same kind as the specific items. Expressio unius means that express mention of one thing excludes others not mentioned. Noscitur a sociis is the wider idea that a word takes its meaning from its context, and the presumption against retrospectivity concerns timing rather than meaning.
Question 9
Under the Human Rights Act 1998, what can a higher court do if it is unable to interpret an Act of Parliament in a way that is compatible with a Convention right?
- A) Declare the Act void and refuse to apply it
- B) Refer the Act to the European Court of Human Rights for annulment
- C) Make a declaration of incompatibility, leaving the Act in force until Parliament decides how to respond
- D) Award damages against Parliament for passing the Act
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Answer: C) Make a declaration of incompatibility, leaving the Act in force until Parliament decides how to respond
Section 3 requires courts to read legislation compatibly with Convention rights so far as possible. If that is not possible, specified higher courts may make a declaration of incompatibility under s4, but this does not affect the validity or operation of the Act. This preserves parliamentary sovereignty: it is for Parliament or a minister to amend the law.
Question 10
When interpreting a statute, which of the following is a presumption that the courts apply unless the statute clearly indicates otherwise?
- A) A statute is intended to change the existing common law as widely as possible
- B) A criminal offence requires proof of a guilty mind (mens rea)
- C) A statute is intended to operate retrospectively
- D) A statute binds the Crown in all cases
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Answer: B) A criminal offence requires proof of a guilty mind (mens rea)
The courts presume that Parliament does not intend to create criminal liability without fault, so mens rea is required unless excluded expressly or by necessary implication. The opposite presumptions apply to the other options: a statute is presumed not to alter the common law more than necessary, not to have retrospective effect, and not to bind the Crown unless it says so.