Public - Incorrect MCQs

What is the Sewel convention?

The idea that Westminster parliament will not normally legislate in regard to devolved matters in Scotland, Northern Ireland or Wales, without the consent of the devolved administration

What is devolved legislation?

Legislation produced by the three devolved Parliaments or Assemblies of Scotland, Wales and Northern Ireland. It has the characteristics of primary legislation but it cannot be created without the enabling powers of an Act of the UK Parliament.

What is the difference between devolved and reserved matters?

Devolved matters are the areas of government where decision making has been delegated by the Uk Parliament to the relevant devolved administration.

Resolved matters are decisions taking in Westminster parliament. even though they still have effect in Scotland, Wales and Northern Ireland.

Who hears appeals from the first-tier tribunal?

The upper tribunal

What is the upper tribunal equivalent to?

It is a senior court and is equivalent to the High Court.

What are the 7 chambers in the first tier tribunal?

1) War Pensions and Armed Forces Compensation Chamber

2) Social Entitlement Chamber

3) Health, Education and Social care Chamber

4) General Regulatory Chamber

5) Tax Chamber

6) Immigration and Asylum Chamber

7) Property Chamber

Note - the Employment Tribunal sits separately to the chambers.

What are the four chambers of the Upper Tribunal?

1) Administrative Appeals Chamber:

• War Pensions and Armed Forces Compensation Chamber

• Social Entitlement Chamber

• Health, Education and Social care Chamber

• General Regulatory Chamber

2) Tax and Chancery Chamber - Tax Chamber

3) Immigration and Asylum Chamber

4) Lands Chamber - Property Chamber

Note - the Employment Tribunal sits separately to the chambers.

What does the King’s Bench division often deal with? What kind of court is it?

Predominantly civil court but does deal with criminal jurisdiction but does deal with criminal jurisdiction through the Administrative Court. Often deals with wrong against person for defamation of character, trespass or negligence/nuisance.

What does the administrative court often deal with?

It often deals with the lawfulness of the actions bodies and notably listens to appeals ‘by way of case stated’ by the Magistrates Court.

It is part of the Kings bench Decision.

What does the chancery division often cover?

It is the largest unit for handling business and property cases (will be replaces by the Business and Property Division in 2027).

Who is the head of the Chancery Division?

The Chancellor of the High Court.

What 3 courts is the Chancery Division made up of?

1) The Insolvency and Companies Court

2) The Patents Court

3) The Intellectual Property Enterprise Court

Who heads the Civil Division who hears appeals from the High Court, County Court and certain tribunals?

The Master of the Rolls

Who heads the Criminal Division who hears appeals from the Crown Court?

Lord Chief Justice

What must a police officer demonstrate when taking a life?

That its use of lethal force was no more than absolutely necessary. It must meet the standard of absolute necessity Article 2(2) ECHR

Can the Supreme court invalidate an Act?

No - if they make a declaration of incompatibility under the Human Rights Act, it will not effect the validity of an act.

What would the ‘c.6’ mean at the end of this: Act 1999 c.6

It would be the 6th act to be passed in 1999

What was the Constitutional Reform Act 2005 designed for>

It separated the judiciary from the government and Parliament - to strengthen the independence of the judiciary in the English and Welsh Legal System and increase the separation of powers in the constitution.

What is the nosciitur a sociis rule?

Used to work out the meaning of a word within a list. It means the word is known by the other words around it.

How are courts to use the Interpretation Act 1978?

Courts are permitted to use it as an external aid to give consistent meaning to a statutory term - it applies to all acts passed after 1 Jan 1979

Can someone make a claim against the HR Act is they are anticipating harm?

No - an individual must be directly affected by the states action, anticipation is not enough.

When passing a bill, when must the minister responsible for the bill pass a statement of compatibility? How is this done?

It must make a written statement of compatibility before the second reading, asserting it is compatible with ECHR or that they are unable to make such statement but the government still wishes the House to proceed with the bill.

If a court declare incompatibility with ECHR, do the individuals get damages?

No - it does not invalidate the incompatible provision

When must actions under the HRA 1998 be commenced by?

Within one year of the date of the act complained of