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0 [{"id":468511,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 13:56:09","updated_at":"2018-05-19 14:30:44","questionName":"Which system describes the manner in which cases are conducted in England and Wales?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":12,"explanation":"It is the advocates representing the parties in the case who decide which facts will be relied upon, which witnesses are called, which legal points pursued and how the evidence of the other party will be responded to. Recent reforms in civil procedure have resulted in judges having more control during the pre-trial stages of a case to ensure that the parties settle the case wherever possible, do not run up unreasonable costs and cannot tactically delay the trial.\r\n\r\nIn an inquisitorial system, the judge controls the proceedings to a far greater degree and the parties cannot make independent decisions concerning the pre-trial steps and the trial itself. They do not control proceedings in the same way as in an adversarial system.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468490,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:58:01","updated_at":"2018-05-19 14:30:44","questionName":"The financial limit of a claim dictates in which court the action must be commenced. Which of the following is incorrect?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":6,"explanation":"The Court of Appeal is not a court of first instance. A court of first instance is one in which a claim can be commenced. A claim cannot be commenced in the Court of Appeal, which means any value is not relevant to its jurisdiction to hear a case. The Court of Appeal (as its name suggest) only hears appeals from lower courts.\r\n\r\nThe financial limit of a claim dictates which court will be used when commencing an action. If a claim is brought in the County Court there is a maximum figure of \u00a350,000 when making a claim for personal injury. A claim for damages or a specified sum, such as an outstanding debt, cannot be for more than \u00a3100,000 in the County Court. If the claim exceeds either of these amounts the action must take place in the High Court.\r\n\r\nYou learnt about the court system in Units 9 and 10.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468514,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 14:01:20","updated_at":"2018-05-19 14:30:44","questionName":"Which one of the following statements is inaccurate?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":14,"explanation":"Barristers are allowed to appear in the higher and lower courts.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468498,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 13:01:36","updated_at":"2018-05-19 14:30:44","questionName":"Which of the following most accurately describes the purpose of a court\u2019s powers under the Civil Procedure Rules?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":9,"explanation":"The court is given powers to enforce the new rules to ensure that litigation is pursued diligently and costs are incurred proportionately to the value of the claim. The sanctions for not doing so are usually monetary. The two main ones are adverse costs towards and an order for the case, or part of, to be struck out.\r\n\r\nSanctions are covered in Unit 9 under the Civil Procedure Rules.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468482,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:32:02","updated_at":"2018-05-19 14:30:44","questionName":"Which of the following are elements (you can choose more than one) of the actus reus of the offence?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":"uploads\/exam-prep-1\/question 4 exam prep.png","position":1,"explanation":"","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468508,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 13:51:57","updated_at":"2018-05-19 14:30:44","questionName":"State whether the following sentence is true or false:\r\n\r\nTo be effective a civil justice system must uphold the rule of law","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":10,"explanation":"It is axiomatic that an effective civil justice system must uphold the rule of law. The need for the rule of law underpins most of the topics covered so far in this module.\r\n\r\nIt is not in the interests of society for civil disputes to be won by the economically stronger. A denial of legal protection to a poor person who cannot afford to pay is one enemy of the rule of law. Delay is another.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468485,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:40:29","updated_at":"2018-05-19 14:30:44","questionName":"Which of the following best reflects the burden of proof in a case of alleged blackmail","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":"uploads\/exam-prep-1\/question 4 exam prep.png","position":3,"explanation":"This is typical of criminal offences. Civil cases require proof on the balance of probabilities \u2013 in other words that it is more likely than not.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468510,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 13:54:07","updated_at":"2018-05-19 14:30:44","questionName":"The main source of procedural law is the Civil Procedure Rules 1998 (SI 1998\/3123). It replaced the separate rules that had existed for the High Court and the County Courts.\r\n\r\nThe Civil Procedure Rules (the CPR) are now the main source of procedural law for both the County Court and the High Court. They provide a uniform procedural code for these courts. The overriding objective of the CPR is the principle that underpins all the rules. The objective is set out in rule 1.1 of the CPR. What is it?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":11,"explanation":"In addition to this specific goal, the general goal and the overriding objective is to:\r\n\r\nensure disputing parties are on an equal footing\r\nsave expense\r\ndeal with the case in ways, which are proportionate \u2013\r\nto the amount of money involved\r\nto the importance of the case\r\nto the complexity of the issues\r\nto the financial position of each party.\r\nensure that it is dealt with expeditiously and fairly\r\nallocate to each case an appropriate share of the court\u2019s resources, while taking into account the need to allocate resources to other cases\r\nenforce compliance with rules, practice directions and orders.\r\nThe main concept of dealing with cases justly is the primary concern of the CPR. Ultimately, the function of the court is to resolve issues between the parties. It does not, however, have the power to dismiss a claim simply on the grounds that the claim has relatively trivial value; which will inevitably be exceeded by the costs. Shutting out a litigant through a technical breach of the rules will not often be consistent with doing justice, because the primary purpose of the civil courts is to decide cases on their merits, not to reject them for procedural default.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468487,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:44:26","updated_at":"2018-05-19 14:30:44","questionName":"Which one is the right answer?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":"uploads\/exam-prep-1\/theft act q.png","position":4,"explanation":"","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468484,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:33:15","updated_at":"2018-05-19 14:30:44","questionName":"What does the prosecution have to prove?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":2,"explanation":"The prosecution have to prove intent. The mens rea of the offence is that the accused must be shown to have \u2018a view to gain for himself or another\u2019 and\/or \u2018intent to cause loss to another\u2019. The first limb of the offence does not explicitly use the word \u2018intent\u2019 or the word \u2018intention\u2019, but the phrase \u2018a view to gain\u2019 indicates a mental element requirement similar to intention.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":457985,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-11 21:18:19","updated_at":"2018-05-19 14:30:44","questionName":"The UN Security Council may use a number of enforcement mechanisms. Which of the following is not an enforcement mechanism?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":0,"explanation":"A judgment delivered by the International Court of Justice is not an enforcement mechanism. \r\nEconomic sanctions are one of a number of enforcement actions that may be used by the UN Security Council.\r\nMilitary action is the strongest enforcement mechanism that may be used by the UN Security Council. It is generally used as a last resort.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468492,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 13:00:16","updated_at":"2018-05-19 14:30:44","questionName":"The small claims track is much more informal than the fast track and the multi-track. It is designed to accommodate the fact that many litigants in person may be unfamiliar with procedure.","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":8,"explanation":"The small claim track procedure is much more informal than the fast track or multi track procedures.\r\n\r\nThe Civil Procedure Rules make it clear what is expected of the parties and outline the possible alternative approaches that may be adopted to accommodate the parties who are taking the case through the small claims track. It informs the parties that the strict rules of evidence are not applicable and the matter will be dealt with in an informal manner. This approach is trying to accommodate the litigant in person who will not be familiar with the legal environment and the number of rules lawyers have to adhere to when commencing a legal action, using the fast track or multi track pathway in the County Court.\r\n\r\nThe small claims track procedure is summarised in Unit 10 when considering the CPR.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468513,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 13:57:28","updated_at":"2018-05-19 14:30:44","questionName":"Which two, from the following list, are not classed as members of the legal profession?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":13,"explanation":"A litigant in person is someone who brings their own case to court and argues their own case in court. They are not required to have legal training. A McKenzie friend is someone without formal legal training who represents a litigant in court. More recently, some McKenzie friends have charged a fee for their services. The role was established in the case of McKenzie v McKenzie [1971] P 33. This body of legal representatives has grown in response to the cuts in the legal aid budget, resulting in litigants not being able to afford the advice of qualified lawyers.","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468488,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:50:10","updated_at":"2018-05-19 14:30:44","questionName":"Which two are the wrong answers?\r\n\r\nThe actus reus of theft is:","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":"uploads\/exam-prep-1\/theft act q.png","position":5,"explanation":"Answers 1 and 5 are the wrong answers because they constitute the mens rea of the offence.\r\n\r\nThe relevant facts need to be identified. When reading a question you may choose to start by underlining what you feel are the relevant words in the question. This can be useful, but remember that what you identify as being relevant upon a first read through may be not be what you eventually put into your answer. Once you have analysed what you have been asked to do in detail, you may review what facts you feel are relevant. The law should guide you as to which facts are relevant.\r\n\r\nHere, on the basis of the information you have (the facts and s1 of the Theft Act 1968), the following facts may be relevant:\r\n\r\nJohn took the bike\r\nJohn had the bike in his possession\r\nJohn did not own the bike\r\nJohn intended to refurbish the bike and auction it for charity at the village spring fair.\r\nThe law you have been given (s1 of the Theft Act 1968) then should be applied to the facts given:\r\n\r\nDishonestly \u2013 this has a specific legal meaning. The facts show from his conversation with Annie that John believed the owner no longer required the bike. He did not intend to gain personally, but intended for others to benefit.\r\nAppropriates property \u2013 John has taken the bike and there are eyewitness accounts of this.\r\nProperty belonging to another \u2013 John did not own the bike but it had been abandoned, left in the hedge and not reclaimed.\r\nIntention of permanently depriving \u2013 John has taken the bike, and intends to refurbish and auction it, effectively disposing of the bike.\r\nA conclusion then needs to be drawn, as you have been asked to advise John:\r\n\r\nDishonestly \u2013 unlikely because of the points made above.\r\nAppropriate property \u2013 likely because of the points made above.\r\nProperty belonging to another \u2013 this would be in the balance because of the points made above.\r\nIntention of permanently depriving \u2013 likely, but this may fail in reality because of John\u2019s altruistic motives.\r\nSo, your answer would be based on an analysis of these points","question_score_id":null,"lang":"","questionAudioPath":null},{"id":468491,"quiz_id":"23605","answer_id":null,"answerType_id":"0","created_at":"2018-05-19 12:59:13","updated_at":"2018-05-19 14:30:44","questionName":"If the defendant does not reply to a claim form within the specified time set out in the form, the claimant may seek which one of the following?","questionTimeSeconds":"0","questionTimeMinutes":"1","questionImagePath":null,"position":7,"explanation":"If the defendant does not reply to the claim form and the specified period of time has elapsed, then the claimant can request judgment in default. This request must be made within a period of six months; otherwise, the claim becomes stale and is referred to as \u2018stayed\u2019. The claimant can reactivate the claim by applying to the court requesting an order to lift the stay, but this will incur time and a fee.\r\n\r\nYou learnt about judgment in default in Unit 10 when considering how to respond to a claim.","question_score_id":null,"lang":"","questionAudioPath":null}]
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Which system describes the manner in which cases are conducted in England and Wales?

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