Question 1

Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply) ?

Accepted Answer

A)   The Court of Session.
B)   The High Court of Justiciary.
C)   The Supreme Court.
D)   The Sheriff Courts.E) B) and C)
F) All of the above

Question 2

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 5.

Accepted Answer

A)   The right to life.
B)   The right not to suffer torture or inhuman and degrading treatment.
C)   The right against slavery.
D)   The right to liberty.
E)   The right to a fair trial.F)  The right not to be punished retrospectively.G)  The right to protection of private life.H)  The rights to freedom of conscience and religion.I)  The freedom of expression.J)  The freedom of association.K)  The right to be free of certain types of discrimination.L) E) and I)
M) A) and D)

Question 3

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Accepted Answer

A)   The HRA has, by s 1, selectively incorporated parts of the ECHR into English law as 'Convention rights'.
B)   The HRA obliges UK judges, so far as is possible, to interpret domestic legislation consistently with the Convention rights.
C)   The HRA gives the judges the power to declare domestic legislation incompatible with Convention rights.
D)   Where there is an incompatibility, the HRA obliges the government to introduce amending legislation within a given time period.E) A) and B)
F) None of the above

Question 4

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply) ?

Accepted Answer

A)   The HRA has no impact on the operation of precedent.
B)   The HRA s 3 requires the courts not to follow (so far as is possible)  any authority on the meaning of a word or provision in an Act that would result in making that provision non-compliant with Convention rights.
C)   The HRA s 5 expressly requires the superior courts (the Court of Appeal and the House of Lords)  to overrule any precedent that creates a rule of law that is inconsistent with a Convention right.
D)   The HRA s 6, by implication, requires courts to achieve consistency in respective of any substantive common law rule, that is, any rule created by precedent.E) None of the above
F) All of the above

Question 5

Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply) ?

Accepted Answer

A)   The Court of Appeal.
B)   The High Court.
C)   The Supreme Court.
D)   The County Court.
E)   The magistrates court.F)  The Courts Martial Appeal Court.G) A) and F)
H) C) and F)

Question 6

The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation - but which definition applies to which technique?

Accepted Answer

a. Translating. = The process by which i...

Question 7

Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1)  of the HRA 1998?

Accepted Answer

A)   Courts must, in so far as it is reasonable to do so, interpret legislation so as to achieve consistency with the Convention rights.
B)   Courts must, in so far as the plain meaning of the legislation allows, interpret legislation so as to achieve consistency with the Convention rights.
C)   Courts must, in so far as it is possible to do so, interpret legislation so as to achieve consistency with the Convention rights.
D)   Courts must, in so far as it is necessary to do so, interpret legislation so as to achieve consistency with the Convention rights.E) B) and C)
F) A) and D)

Question 8

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 14.

Accepted Answer

A)   The right to life.
B)   The right not to suffer torture or inhuman and degrading treatment.
C)   The right against slavery.
D)   The right to liberty.
E)   The right to a fair trial.F)  The right not to be punished retrospectively.G)  The right to protection of private life.H)  The rights to freedom of conscience and religion.I)  The freedom of expression.J)  The freedom of association.K)  The right to be free of certain types of discrimination.L) D) and K)
M) A) and G)

Question 9

Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Accepted Answer

The answer of Under s 206 of the ____________ (three...

Question 10

What arguments may be used in favour of an 'expansive' approach to interpretation under s 3 of the HRA?

Accepted Answer

To answer this question, you need to loo...

Question 11

The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Accepted Answer

The answer of The ECtHR may, in accordance with the...

Question 12

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 8.

Accepted Answer

A)   The right to life.
B)   The right not to suffer torture or inhuman and degrading treatment.
C)   The right against slavery.
D)   The right to liberty.
E)   The right to a fair trial.F)  The right not to be punished retrospectively.G)  The right to protection of private life.H)  The rights to freedom of conscience and religion.I)  The freedom of expression.J)  The freedom of association.K)  The right to be free of certain types of discrimination.L) H) and K)
M) A) and F)

Question 13

What is the legal effect of a declaration of incompatibility?

Accepted Answer

A)   There is no legal effect because the declaration does not affect the validity of the Act.
B)   There is a legal effect because the declaration invalidates the Act in question.
C)   There is a legal effect because the party bringing the action will win if the court issues a declaration of incompatibility.
D)   There is a legal effect because the public authority defending the action will lose if the court issues a declaration of incompatibility.E) All of the above
F) None of the above

Question 14

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 6.

Accepted Answer

A)   The right to life.
B)   The right not to suffer torture or inhuman and degrading treatment.
C)   The right against slavery.
D)   The right to liberty.
E)   The right to a fair trial.F)  The right not to be punished retrospectively.G)  The right to protection of private life.H)  The rights to freedom of conscience and religion.I)  The freedom of expression.J)  The freedom of association.K)  The right to be free of certain types of discrimination.L) A) and I)
M) A) and F)

Question 15

The term 'margin of appreciation' refers to the range of discretion or 'room for manoeuvre' that the European Court of Human Rights is willing to grant to national authorities in meeting their obligations under the ECHR. The extent of the margin permitted will depend, among other things, on the nature of the rights involved.

Accepted Answer

A) True 
 B)False

Question 16

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 11.

Accepted Answer

A)   The right to life.
B)   The right not to suffer torture or inhuman and degrading treatment.
C)   The right against slavery.
D)   The right to liberty.
E)   The right to a fair trial.F)  The right not to be punished retrospectively.G)  The right to protection of private life.H)  The rights to freedom of conscience and religion.I)  The freedom of expression.J)  The freedom of association.K)  The right to be free of certain types of discrimination.L) A) and B)
M) A) and H)

Exam 9: Interpreting Statutes

The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Correct Answer
verified

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 6.

Correct Answer
verified

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply) ?

Correct Answer
verified

What arguments may be used in favour of an 'expansive' approach to interpretation under s 3 of the HRA?

Correct Answer
verified
To answer this question, you need to loo...
View Answer

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Correct Answer
verified

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 14.

Correct Answer
verified

Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply) ?

Correct Answer
verified

The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation - but which definition applies to which technique?

Correct Answer
verified
a. Translating. = The process by which i...
View Answer

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 8.

Correct Answer
verified

What is the legal effect of a declaration of incompatibility?

Correct Answer
verified

Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1) of the HRA 1998?

Correct Answer
verified

Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Correct Answer
verified

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 5.

Correct Answer
verified

Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply) ?

Correct Answer
verified

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 11.

Correct Answer
verified

Correct Answer
verified

Exam 9: Interpreting Statutes

The ECtHR may, in accordance with the Law of Treaties, find _____ terms when construing the Convention.

Correct AnswerverifiedShow Answer

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 6.

Correct AnswerverifiedShow Answer

Which of the following statements accurately reflect the impact of the HRA on the doctrine of precedent (select all that apply) ?

Correct AnswerverifiedShow Answer

What arguments may be used in favour of an 'expansive' approach to interpretation under s 3 of the HRA?

Correct AnswerverifiedTo answer this question, you need to loo...View AnswerShow Answer

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Correct AnswerverifiedShow Answer

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 14.

Correct AnswerverifiedShow Answer

Which of these courts in England and Wales has power to issue a declaration of incompatibility (select all that apply) ?

Correct AnswerverifiedShow Answer

The courts have identified each of the following as a technique that may be used to achieve a Convention-compliant interpretation - but which definition applies to which technique?

Correct Answerverifieda. Translating. = The process by which i...View AnswerShow Answer

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 8.

Correct AnswerverifiedShow Answer

What is the legal effect of a declaration of incompatibility?

Correct AnswerverifiedShow Answer

Which of the following statements most accurately describes the obligation expressly imposed on the courts by s 3(1) of the HRA 1998?

Correct AnswerverifiedShow Answer

Under s 206 of the ____________ (three words) Act 2006, the Welsh Assembly is obliged to legislate in accordance with Convention rights.

Correct AnswerverifiedShow Answer

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 5.

Correct AnswerverifiedShow Answer

Which of these courts in Scotland has the power to issue a declaration of incompatibility (select all that apply) ?

Correct AnswerverifiedShow Answer

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 11.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
verified
To answer this question, you need to loo...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
a. Translating. = The process by which i...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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