SQE 1 PUBLIC LAW:EXAM QUESTIONS AND EXPECTED CORRECT ANSWERS
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Module
SQE 1 PUBLIC LAW
Institution
SQE 1 PUBLIC LAW
Function of law
Maintain peace and safety in society
Regulates relationships
Protects human rights and liberties
Ensures smooth running of economic and political activities
in pari materia
meaning of an ambiguous law can be determined in light of other statutes on the same subject matte...
function of law maintain peace and safety in socie
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SQE 1 PUBLIC LAW:EXAM
QUESTIONS AND EXPECTED CORRECT
ANSWERS
Function of law
Maintain peace and safety in society
Regulates relationships
Protects human rights and liberties
Ensures smooth running of economic and political
activities
in pari materia
meaning of an ambiguous law can be determined in light
of other statutes on the same subject matter.
Courts declare an Act of Parliament is incompatible
with ECHR.
Fast track remedial order - non-urgent procedures -
amendments are presented to and approved by both
Houses; can become law after how many days?
60 days
Remedial order - if the matter is urgent - amendments
become effectively immediately but must be laid
before both Houses and will cease to have effect
unless both Houses approve within how many days?
120 days
,What rule prohibits MPs and peers from referring to
cases which are currently before the courts during
debates?
Sub judicie rule (convention) - reverse is not true
A draft of the treaty must be laid before both House of
Parliament. Government must give both Houses how
many days to vote against the ratification.
21 days
If either House votes against ratification of treaty,
government can explain why they want to ratify.
House of Commons has how many days to reject the
treaty?
21 days
Government shall have the power to carry on ordinary
business even if the power is not explicitly set out by
statute or royal prerogative. What is the name of this
doctrine?
Ram Doctrine
Monarch should always act on the advice of ministers,
especially the PM. What is the name of this
convention?
Cardinal convention
An Act of Parliament grants government the right to
amend the Act by passing secondary legislation, what
is this power called?
Henry VIII power
MPs pose questions to ministers in writing. The
department has many days to answer?
7 days
,Courts will not question the validity of the Acts of
Parliament and must give effects to them. What is this
rule?
Enrolled Bill rule
House of Lords blocks legislation already passed in
Commons, and the bill is passed the next year by
Commons again, and House of Lords then vote to
block it again, it will nonetheless be sent to Royal
Assent.
Suspensory Veto Under Parliament Acts 1911-1949
Can a condition be placed on procession/assembly on
the spot?
Yes - if there are grounds for the condition, it can be
imposed on the spot by the senior officer present
The rule in Pepper v Hart
permits a court to make reference to a report of such
proceedings published in Hansard provided certain
conditions are fulfilled, including a requirement that the
statements relied on in Hansard must themselves be
clear.
Having been elected to the Senedd, a woman has
ambitions to become a member of the executive in the
role of First Minister when the current holder of the
post resigns.Which of the following correctly sets out
the procedure which would have to be followed for the
woman to achieve this?
need to be nominated by the Senedd and elected by a
majority vote of the Senedd before being recommended to
the Queen for appointment
Who is a Senedd Act implemented by?
, Government of Wales which are held to account by the
Senedd
Are judges' salaries subject to parliamentary vote?
No because judges' salaries are paid out of the
Consolidated Fund.
Gov does have a degree of influence in the matter,
however, as although the Review Board on Senior
Salaries (an independent body) recommends the salary
levels, it is the government's decision as to whether to
accept the recommendation.
Who will applicants for Supreme Court justice be
interviewed by?
Selection commission convened by the Lord Chancellor,
not by the JAC (although a representative of the JAC will
be a member of the selection commission).
Applicants who are successful will be formally appointed
by the monarch.
Can solicitors make unsolicited approaches?
Not to members of the public regarding the advertising of
the firm's legal services, but this does not apply to current
or former clients.
Judges's legal advisors are...
Paid - have judicial and advisory role
For serious criminal offences e.g. murder, which is
heard in Tier 1/2 Crown Court, what judge hears the
case?
High Court judge
Role of House of Lords
scrutinise and propose amendments to Bills.
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