TOPIC: Police powers, public order, and terrorism Source: http://www.oup.com/uk/orc/bin/9780199544271/resources/mcqs/ch15/ 1. Which one of the following statements is false?

a) A police officer's duty is to take necessary steps to keep the peace, prevent crime, or protect people from criminal injury or their property from criminal damage. b) The Police and Criminal Evidence Act 1984 (PACE), as amended, and the codes of practice made under it contain rules concerning stop and search, entry, search and seizure of property, arrest, detention, and treatment of suspects. c) Police officers are not, in principle, subject to the law which applies to private citizens. d) At Common Law a police officer's duty is to detect crime and bring offenders to justice. 2. Which one of the following statements is true? a) Police officers have an inherent common law right to enter any premises as they see fit. b) Police officers are entitled to use force when searching anyone in the course of their duty. c) Police officers are empowered search anyone and seize any property if they feel that it is in the public interest to do so. d) Police officers must exercise their powers of stop, search and seizure of property in accordance with the rules and requirements set out in the Police and criminal Evidence Act 1984 Ss 1 - 23 and Codes A and B. 3. Which one of the following is the current legal basis for a police officer's power to arrest a person without a warrant? a) Christie v Leachinsky (1947) b) Police and Criminal Evidence Act 1984 (ss 24-33) c) Rice v Connolly (1966) d) The Serious Organised Crime and Police Act 2005 4. Which one of the following statements is false? a) Nobody should be detained for longer than 24 hours without charge. b) A police officer with the rank of superintendent (or above) can authorize detention for a further 12 hours. c) Magistrates can authorize further detentions up to a maximum of 96 hours. d) Once charged anyone can be detained for up to twenty eight days.

5. Which one of the following statements is true concerning the provisions of the Public Order Act 1986? a) The police have the power to ban any assembly if they reasonably believe that it is in the public interest to do so. b) Section 11 requires at least six clear days' written notice to be given to the police before most public processions, including details of the intended time and route, and giving the name and address of at least one person proposing to organize it. c) The police have the power to ban processions indefinitely by order of the Chief Constable. d) The police may impose any conditions they see fit on any procession. 6. Which one of the following statements is false in relation to the provisions of the Criminal Justice and Public Order Act 1994? a) ss 34-39 substantially changed the right to silence of the accused person, allowing for inferences to be drawn from their silence. b) ss 54-59, gives the police greater rights to take and retain intimate body samples. c) s 60 increased police powers of unsupervised 'stop and search d) s 70 makes it unlawful to hold unauthorized public meetings on private premises. 7. Which one of following is not a provision contained in the Anti-Social Behaviour Act 2003? a) Section 57 amends the definition of public assembly in s 16 Public Order Act 1986 from '20 or more persons' to '2 or more persons'. b) Section 58 amends s 63 Criminal Justice and Public Order Act 1994 to extend it to cover raves where 20 or more persons are present. c) A senior police officer may direct a person to leave land and remove any vehicle or other property with him. d) The Act created an exclusion zone of one kilometre from any point in Parliament Square within which the right to demonstrate is restricted. 8. Which of the following statutes provides the legal definition of terrorism and proscribes terrorist organisations? a) The Terrorism Acts 2000 and 2006 b) The Anti-Terrorism, Crime and Security Act 2001 c) The Prevention of Terrorism Act 2005 d) The Serious Organised Crime and Police Act 2005. 9. Which of the following is not a criminal offence under the Terrorism Act 2006?

a) Acts preparatory to terrorism. b) Incitement or encouragement to terrorism. c) Dissemination of terrorist publications. d) Trespassory Assembly.

AnswersL 1. 2. 3. 4. 5. 6. 7. 8. 9. C D D D B D D A D

TOPIC: The executive: central, regional, and local government Source: http://www.oup.com/uk/orc/bin/9780199544271/resources/mcqs/ch06/ 1 Which one of the following statements is false? a) The Privy Council coordinates policy and appointments through the Cabinet b) The monarch participates in Cabinet debates. c) The Privy Council makes Orders in Council which is a type of secondary legislation d) The Privy Council hears judicial appeals from overseas jurisdictions.

2. Which one of the following statements is true? a) The office of Prime Minister is a creature of convention and could be abolished without legal formality. b) The office of Prime Minister was created by statute. c) At common law a new government must be formed within a few days of the publication of the results of a general election d) The monarch's powers to appoint and dismiss a Prime Minister are limited by statute and common law.

3. Which one of the following is not a key role of the Prime Minister? a) Giving advice to the monarch on the exercise of all prerogative powers concerning the government. b) Determining the size and membership of the Cabinet. c) The appointment of the monarch's private secretary. d) Advising the monarch on the appointment of senior civil servants, senior members of the judiciary, heads of the security and intelligence services and senior officers of the Church of England.

4. Which one of the following statements is false? a) Members of the Cabinet are all members of the Privy Council. b) Members of the Cabinet are accountable only to the monarch. c) The Cabinet determines the policy submitted to Parliament, including decisions as to the contents of the Queen's Speech and the legislative timetable.

d) The Cabinet determines broad economic policies within which the Chancellor of the Exchequer formulates the budget. 5. Which one of the following statements is true? a) Ministers are not accountable to Parliament for the actions or conduct of civil servants within their departments. b) Only civil servants are sued in the courts for damage caused by their conduct in government departments. c) A minister is automatically dismissed if there is misconduct or incompetence on the part of civil servants in his department. d) When a statute places a duty on a minister it may generally be exercised by a member of his department for whom he accepts responsibility and for whose conduct he is accountable.

6. Which one of the following is a key feature of devolution within the United Kingdom? a) Legislative and executive powers within the United Kingdom have been given to legislative and executive organizations in Scotland, Wales, and Northern Ireland. b) The United Kingdom is now a federal state. c) The Welsh Assembly has the power to raise taxes to fund the Welsh Assembly Government. d) All executive powers have devolved to the Scottish Government. 7. Which of the following statutes created the Welsh Assembly Government? a) The Government of Wales Act 1998 b) The Local Government (Wales) Act 1994 c) The Government of Wales Act 2006 d) The Local Government Act 1972

Answers:

1. 2. 3. 4. 5. 6. 7.

B A C B D A C

TOPIC Introduction to administrative law: the foundations and extent of judicial review
SOURCE: http://www.oup.com/uk/orc/bin/9780199544271/resources/mcqs/ch10/

1. Which one of the following statements is false? a) Judicial review allows a High Court Judge to examine the lawfulness of the decisions made by public bodies carrying out their public functions. b) Judicial review is not available where there is a right of appeal against the decision of a public body. c) 'Public' means that the body making the decision is governmental and the decisions it makes concern the rights of citizens generally rather than purely private rights. d) Judicial review allows the High Court to review enactments. 2.Which one of the following statements is true? a) Judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it. b) In judicial review the court reverses the decision of the defendant public body. c) The grounds for judicial review are always contained in the statute conferring powers on public bodies. d) In judicial review the court replaces the decision of the defendant public body with its own decision on the merits of the claim. 3.Which one of the following is the constitutional basis of judicial review? a) Common Law b) Statute c) The rule of Law and the separation of powers. d) Equity 4.Which one of the following statements is false? a) The courts look at the origins, history, constitution, and membership of an organization to determine if it is a public body. b) A body may be subject to judicial review even if its powers are based on agreement if effective public law remedies are available.

c) A body whose origin and constitution owes nothing to governmental control may be subject to judicial review if it has been woven into the fabric of governmental control or statutory regulation. d) A body may be subject to judicial review if it has functions normally carried out by an organ of government or is doing something which would be done by an organ of government if the body in question did not exist. 5. Which one of the following statements is true? a) There is no distinction between private and public law in English law. b) Public bodies can never be liable in private law. c) Public law was defined by Lord Diplock in O'Reilly v. Mackman (1982). d) It is contrary to public policy and an abuse of the process of the court for the claimant to bring a public law matter to court by way of ordinary civil procedure thereby avoiding the protection given to public bodies by judicial review procedure. 6. Which one of the following statements is false? a) The fundamental question in determining whether a claimant has sufficient interest to bring a judicial review claim is whether his personal rights are directly affected by the decision he seeks to challenge. b) The question of whether a person has sufficient interest should not be treated as a preliminary issue, but must be considered in the legal and factual context of the whole case. c) The merits of the challenge are an important, if not dominant, factor when determining whether a claimant has sufficient interest. d) An interested party is anyone other than the claimant and the defendant who is directly affected by the decision. 7. Which one of following statements is false? a) A Quashing Order, Mandatory Order, or Prohibiting Order must be claimed by judicial review. b) An injunction or declaration may be claimed by judicial review. c) All judicial review remedies are mandatory. d) A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but a claimant may not seek such a remedy alone. 8 Which provisions contain the current procedural rules governing a judicial review claim? a) The Supreme Court Act 1981. b) The Pre Action Protocol for Judicial Review and Section One of Part 54 the Civil Procedure Rules enacted under the Civil Procedure Act 1997. c) Rules of the Supreme Court Order 53.

d) The Human Rights Act 1998. Answers: 1.B 2.A 3.C 4.B 5.D 6.A 7.C 8.B

Topic: Grounds for judicial review Source: http://www.oup.com/uk/orc/bin/9780199544271/resources/mcqs/ch12/

1.Which one of the following statements is false? a) The ultra vires question may be answered by interpreting the words of a statute to determine what exactly the public body can do. b) A public body might exceed its jurisdiction if it misinterprets its powers. c) The court may be prepared to imply words into statutes and make a discretionary power subject to implied principles, undertakings, and duties. d) The courts will never intervene where a statute confers a subjective discretionary power. 2.Which one of the following statements is true? a) A public body must exercise a discretionary power for the purpose for which it is granted. b) If the statute does not specify the purposes for which discretion may be exercised, the court cannot intervene. c) If a statute specifies the purposes for which a discretionary power may be exercised the courts will allow a public body to act for a different purpose if this is in the public interest. d) A public body may exercise its powers for any purpose whatsoever provided that one of them is allowed by the empowering statute. 3.Which one of the following statements is false? a) A public body must take into account relevant matters and discard anything irrelevant. b) A decision must be made on sufficient and properly considered evidence. c) There are two general grounds on which the exercise of an unqualified discretion can be attacked. It must not be exercised in bad faith, and it must not be so unreasonably exercised as to show that there cannot have been any real or genuine exercise of the discretion. d) A public body may adopt a policy by which effectively shuts its ears to all applicants if it is in the public interest to do so. 4.Which one of the following statements is not a part of the principle of Wednesbury Unreasonablness? a) A public body has reached a conclusion which is so absurd that no reasonable authority could ever have come to it. b) A public body has acted in bad faith.

c) A public body has not directed itself properly in law. d) A case has been wrongly decided on its merits involving a matter of fundamental public importance. 5.Which of the following statements is not one of the circumstances in which the principle of proportionality would be applied according to Lord Slynn in R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions (2003)? a) The principle of proportionality will be applied where a court is asked to consider whether legislation is compatible with Convention rights b) The principle of proportionality is relevant where the court is applying principles of European Union law. c) Proportionality will be applied whenever a court is deciding whether to quash a penalty or punishment. d) In mode of trial proceedings in the Magistrates' Court. 6.Which one of the following statements is false? a) The court must look at how the decision-maker strikes a balance with fundamental rights. b) Proportionality may go further than the traditional grounds of review. c) The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question of whether the interference was really proportionate to the legitimate aim being pursued. d) The effect of Section 2 of the Human Rights Act 1998 is that judicial review is now merits-based. 7. Which one of following statements is false? a) The rules of natural justice are that no man is to be a judge in his own cause and the parties to a dispute shall be fairly heard. b) The rules of natural justice are capable of applying in principle where an administrative body acts judicially. c) The requirements of natural justice depend, among other things, on the circumstances of the case; the nature of the inquiry; the rules under which the tribunal is acting; and the subject matter. d) The party alleging bias has to prove that the adjudicator was biased. 8.Which of the following cases supports the rule that a legitimate expectation might arise based on a promise made to the claimant? a) Council of Civil Service Unions v Minister for the Civil Service 1985 AC 374 b) R v Gaming Board ex parte Beniam and Khaida (1970)

c) R v Barnsley MBC ex parte Hook (1976) d) R v North and East Devon Health Body ex parte Coughlan 2001 QB 213

Answers: 1.D 2.A 3.D 4.D 5.D 6.D 7.D 8. D

TOPIC: The separation of powers Source: http://www.oup.com/uk/orc/bin/9780199544271/resources/mcqs/ch04/

1. Which one of the following statements is false? a) The legislative function is primarily responsible for making, unmaking, and amending the law. b) The legislative function is subject to the judicial function of government. c) The executive function gives effect to and enforces the law. d) The primary judicial function is to interpret and apply the law, resolve disputes, provide remedies, and determine punishments when the law is breached. 2. Which one of the following statements is false? a) The judiciary maintains order and manages public services. b) The organ of government which carries out the legislative function is called the Legislature c) The organs of government carrying out the executive function are collectively referred to as the executive. d) The judicial organ of government is the judiciary. 3. Which one of the following is not a key feature of the separation of powers? a) The same persons should not form part of more than one of the three organs of government. b) One organ of government should not control or interfere with the work of another. c) Everyone is equally subject to the law. d) One organ of government should not exercise the functions of another. 4. Which one of the following statements is true under the separation of powers?

a) The UK Parliament's right to make whatever laws it thinks fit is challengeable under the separation of powers. b) Parliament, the executive, and the courts each have their distinct and largely exclusive domain. c) The judiciary plays an administrative role in governing the country. d) The executive interprets and applies the law.
5. Which one of the following statements is false in connection with Lord Hailsham's idea of elective dictatorship?

a) Parliamentary sovereignty means that Parliament's legislative powers are absolute and unlimited. b) As a result of changes in its operation and structure, the absence of any legal limitation on the legislative powers of Parliament is unacceptable. c) We live in an elective dictatorship, absolute in theory, if hitherto thought tolerable in practice. d) Parliament ultimately controls the Government. 6. Which one of the following statements is false in respect of the independence of the judiciary? a) The courts are not subject to Parliament. b) An independent judiciary is essential to the separation of powers. c) The executive must never be put in a position where it effectively decides a case in the sense that it could order a court to dismiss a case. d) The Tribunals and Inquiries Act 1992 extends guarantees of independence to the members of tribunals. 7. Which statute imposes a duty on government ministers to uphold the independence of the judiciary, barring them from trying to influence judicial decisions by special access to judges? a) The Act of Settlement 1700 b) The Constitutional Reform Act 2005 c) The Supreme Court Act 1981 d) The Tribunals and Inquiries Act 1992 Answers: 1.B 2.A 3.C 4.B 5.D 6.A 7.B

TOPIC: PARLIAMENT SOURCE: http://www.oup.com/uk/orc/bin/9780199544271/resources/mcqs/ch07/

1. Which one of the following statements is false? a) At present the UK Legislature is the Queen in Parliament. b) The membership of the House of Lords consists entirely of hereditary peers. c) The UK Legislature is bicameral, consisting of two chambers, namely, the House of Lords and the House of Commons d) The membership of the House of Commons consists entirely of elected members. 2. Which one of the following statements is true? a) The primary function of the House of Lords is to scrutinize and revise bills which have passed the House of Commons. b) The House of Lords has no power to veto any bill which has passed the House of Commons. c) Hereditary peers cannot give up their peerages to stand for election to the House of Commons. d) The House of Lords has the power to extend the life of Parliament beyond five years in a national emergency. 3. Which one of the following is not a key function of the House of Commons? a) The House of Commons initiates legislation. b) The House of Commons scrutinizes government policy. c) The House of Commons is the highest court in England and Wales. d) The House of Commons, through select committees scrutinizes the work of government departments. 4. Under which statutory provision may UK citizens who live abroad vote if they have been resident in the United Kingdom and registered as voters within the previous twenty years? a) The Representation of the People Act 1983 b) The Representation of the People Act 1989 c) The Political Parties, Elections and Referendums Act 2000 d) The Representation of the People Act 2000. 5. Which one of the following statutes sets up and empowers the Electoral Commission?

a) The Representation of the People Act 2000 b) The Political Parties, Elections and Referendums Act 2000 c) The Representation of the People Act 1989 d) The Representation of the People Act 1983 6. Which one of the following statements is false concerning elections to the House of Commons? a) The responsibility for the conduct of elections lies with the returning officer who is either the sheriff of the county or mayor of the borough, depending on the constituency. b) Voting is by secret ballot. c) The candidate who receives the highest number of votes in each constituency is returned as the Member of Parliament for that constituency. d) A candidate must obtain a minimum percentage of the total vote to be elected. 7. Which one of the following electoral systems is used within the United Kingdom for elections to the European Parliament? a) Single Transferrable Vote b) The Supplementary Vote c) Additional Member System d) First Past the Post 8. Which one of following statements is false in respect of the devolution of the legislative function within the United Kingdom? a) Acts of the Scottish Parliament are subordinate legislation because they owe their validity to the Scotland Act 1998, can be set aside by the courts and overridden by Acts of the UK legislature. b) The Scottish Parliament has taxation powers limited to altering the basic rate of income tax by three pence in the Pound. c) The National Assembly for Wales has no direct legislative powers. d) Part 4 of the Government of Wales Act 2006 contains provisions for a referendum to be held to determine whether the Welsh Assembly should be given full legislative powers. Answers: 1.B 2.A 3.C 4.B 5.B 6.D 7.A

8.C