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LW: Legal system

12 free practice questions on legal system, Section A of the ACCA Corporate and Business Law (LW: English) (LW) question bank. Topics include Statutory interpretation, Civil law versus criminal law, Structure of the courts, Judicial precedent, Avoiding precedent, Delegated legislation. Each question carries its syllabus reference and a worked explanation. Practise them in the quiz with instant feedback, or read every question with its answer further down this page.

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Question 1

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All 12 legal system questions

The same questions the quiz above draws on, in syllabus order, each with its answer and worked explanation. All 12 are multiple choice.

Question 1 · Syllabus ref A1a · Civil law versus criminal law

Which of the following statements best distinguishes civil law from criminal law in the English legal system?

  1. Civil law resolves disputes between private parties and aims to compensate the claimant, whereas criminal law is brought by the state and aims to punish the offender
  2. Civil law is decided by a jury, whereas criminal law is decided only by a judge
  3. Civil law applies only to companies, whereas criminal law applies only to individuals
  4. Civil law cases must be proved beyond reasonable doubt, whereas criminal cases are proved on the balance of probabilities
Show answer and explanation

Answer: A. Civil law governs disputes between private parties and its primary aim is to compensate the wronged party, while criminal law is generally prosecuted by the state to punish wrongdoing. Option B reverses the typical fact-finder and is wrong as a general rule. Option C is wrong — both branches can apply to individuals and companies. Option D reverses the standards of proof: criminal is 'beyond reasonable doubt', civil is 'on the balance of probabilities'.

Question 2 · Syllabus ref A1b · Structure of the courts

In the English court system, which court is the most senior, hearing final appeals on points of law of general public importance?

  1. The Court of Appeal
  2. The Supreme Court
  3. The High Court
  4. The Crown Court
Show answer and explanation

Answer: B. The Supreme Court is the highest court in the UK and hears final appeals on arguable points of law of general public importance. The Court of Appeal (option A) sits below it. The High Court (option C) hears serious civil cases at first instance and some appeals, and the Crown Court (option D) deals with serious criminal trials — both rank below the appellate courts above them.

Question 3 · Syllabus ref A2a · Judicial precedent

Under the doctrine of judicial precedent, which part of an earlier judgment is binding on later courts?

  1. The obiter dicta — comments made by the way
  2. The ratio decidendi — the legal reason for the decision
  3. The dissenting judgment of any judge in the case
  4. The summary of the facts agreed by the parties
Show answer and explanation

Answer: B. It is the ratio decidendi — the legal principle on which the decision is based — that forms the binding element of a precedent. Obiter dicta (option A) are persuasive only, not binding. A dissenting judgment (option C) did not form the decision and so is at most persuasive. The facts themselves (option D) are not the binding legal principle, though they determine whether a precedent is relevant.

Question 4 · Syllabus ref A2a · Avoiding precedent

A judge considers that the material facts of the case before them are significantly different from those of an otherwise binding precedent. What is this technique called?

  1. Distinguishing
  2. Overruling
  3. Reversing
  4. Disapproving
Show answer and explanation

Answer: A. Distinguishing allows a judge to avoid following a precedent by showing that the material facts differ, so the earlier ratio does not apply. Overruling (option B) is where a higher court declares a previous legal principle wrong in a later, different case. Reversing (option C) is where a higher court changes the decision of a lower court in the same case. Disapproving (option D) expresses doubt without removing the precedent's authority.

Question 5 · Syllabus ref A2b · Delegated legislation

Which of the following is an example of delegated legislation?

  1. An Act of Parliament
  2. A statutory instrument made by a government minister under powers conferred by an Act
  3. A decision of the Supreme Court
  4. A European Union treaty
Show answer and explanation

Answer: B. Delegated (or secondary) legislation is law made by a body other than Parliament under authority granted by an enabling Act — a statutory instrument made by a minister is the classic example. An Act of Parliament (option A) is primary legislation, not delegated. A Supreme Court decision (option C) is case law. A treaty (option D) is an international instrument, not delegated legislation made under a domestic enabling Act.

Question 6 · Syllabus ref A2b · Advantages of delegated legislation

Which of the following is most often cited as an advantage of delegated legislation?

  1. It is always debated in full by both Houses of Parliament
  2. It allows detailed or technical rules to be made quickly without using up parliamentary time
  3. It cannot be challenged in the courts
  4. It is made entirely by the judiciary
Show answer and explanation

Answer: B. A key advantage of delegated legislation is speed and flexibility: it lets detailed, technical or local rules be introduced and amended without occupying scarce parliamentary time. Option A is wrong — delegated legislation generally receives limited scrutiny, which is in fact a common criticism. Option C is wrong — it can be challenged as ultra vires. Option D is wrong — it is made by the executive (e.g. ministers), not the judiciary.

Question 7 · Syllabus ref A2c · Statutory interpretation — literal rule

When a court interprets a statute by giving the words their ordinary, plain and grammatical meaning, even if the result seems harsh, which rule of interpretation is being applied?

  1. The golden rule
  2. The mischief rule
  3. The literal rule
  4. The purposive approach
Show answer and explanation

Answer: C. The literal rule requires words to be given their ordinary, plain meaning even where this produces an apparently harsh or undesirable result. The golden rule (option A) modifies the literal rule only to avoid an absurdity. The mischief rule (option B) looks at the defect the statute was intended to remedy. The purposive approach (option D) interprets the statute in light of its broader purpose rather than its literal words.

Question 8 · Syllabus ref A2c · Statutory interpretation — mischief rule

Under the mischief rule of statutory interpretation, what is the court primarily seeking to identify?

  1. The grammatical meaning of each individual word
  2. The defect or 'mischief' in the previous law that the statute was passed to remedy
  3. Whether the statute complies with human rights law
  4. The intentions of the individual judges hearing the case
Show answer and explanation

Answer: B. The mischief rule directs the court to consider the gap or defect in the old law that Parliament intended the statute to cure, and then to interpret the words so as to suppress that mischief. Option A describes the literal rule. Option C relates to human-rights-compatible interpretation, a separate consideration. Option D is incorrect — the court looks to Parliament's intention as expressed in the statute, not the personal views of the judges.

Question 9 · Syllabus ref A2c · Statutory interpretation — golden rule

In which situation would a court most likely apply the golden rule of statutory interpretation?

  1. Where applying the plain literal meaning would lead to a manifest absurdity
  2. Where the statute is silent on the matter entirely
  3. Where the parties have agreed which interpretation to use
  4. Where the statute is more than fifty years old
Show answer and explanation

Answer: A. The golden rule is applied where a literal interpretation would produce a manifest absurdity or repugnant result; the court then adopts a secondary, sensible meaning instead. Option B describes a gap in the law, which interpretation rules cannot simply fill. Option C is wrong — interpretation is for the court, not the parties' agreement. Option D is wrong — the age of a statute does not determine which interpretation rule applies.

Question 10 · Syllabus ref A2d · Human rights and interpretation

Under the Human Rights Act 1998, how must courts approach the interpretation of UK legislation?

  1. They must ignore human rights considerations entirely
  2. So far as it is possible to do so, they must read and give effect to legislation in a way compatible with the Convention rights
  3. They must strike down any Act of Parliament that is incompatible with Convention rights
  4. They must refer all such questions to the European Court of Justice
Show answer and explanation

Answer: B. The Human Rights Act 1998 requires courts, so far as possible, to read and give effect to legislation compatibly with the Convention rights. Option A is the opposite of the duty imposed. Option C is wrong — UK courts cannot strike down primary legislation; they may issue a declaration of incompatibility, leaving it to Parliament to act. Option D is wrong — that court concerned EU law, not the Human Rights Act.

Question 11 · Syllabus ref A1b · Civil versus criminal courts

In which court would a serious criminal offence, such as one tried on indictment, normally be heard at first instance?

  1. The County Court
  2. The Crown Court
  3. The High Court (King's Bench Division)
  4. The Magistrates' Court only
Show answer and explanation

Answer: B. Serious criminal offences tried on indictment are heard in the Crown Court, usually before a judge and jury. The County Court (option A) deals with civil matters. The King's Bench Division of the High Court (option C) hears serious civil claims, not indictable criminal trials at first instance. The Magistrates' Court (option D) deals with summary offences and committal, but the most serious cases proceed to the Crown Court.

Question 12 · Syllabus ref A1a · Sources of law

Which of the following is the primary source of new law made directly by the legislature in England?

  1. Custom
  2. Acts of Parliament (legislation)
  3. Obiter dicta
  4. Codes of professional conduct
Show answer and explanation

Answer: B. Acts of Parliament — legislation — are the supreme and primary source of law made directly by the legislature, and can override judge-made law. Custom (option A) is a minor and now rare source. Obiter dicta (option C) are persuasive judicial comments, not a primary legislative source. Codes of professional conduct (option D) regulate members of a profession but are not a primary source of the general law.

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