ACCA LW GLO Chapter 1: Political & Legal Systems, Sources of Law and International Organisations: 18 MCQs with answers

A system run by an elected body where individuals have more freedom.

In a democracy, an elected body runs the country and individuals have more freedom to regulate their own lives, while remaining subject to the overall law made by the elected government.

Civil law

Civil law developed from Roman law and is based on codes of written law. France and Germany are the chapter's examples of civil law countries.

The judiciary

The judiciary interprets the law and decides questions arising in disputes. The legislature makes law and the executive implements it.

Guilt beyond reasonable doubt

In criminal law the burden of proof is on the prosecution and the standard is guilt beyond reasonable doubt. The balance of probabilities applies in civil law.

International treaties and conventions

The three sources of international law are international treaties and conventions, international custom, and general principles of law. By-laws, Statutory Instruments and Court Rules are forms of delegated domestic legislation.

True

In criminal law the standard of proof is guilt beyond reasonable doubt, while in civil law it is liability on the balance of probabilities.

Fisher v Bell

Fisher v Bell (1961) illustrates the literal rule: a flick-knife in a shop window was an invitation to treat, not an offer for sale, so the shopkeeper was not guilty under the literal wording.

Follow the previous decision as binding precedent.

Binding precedent must be followed when it is based on a proposition of law, the facts are materially the same, and the previous court had power to bind. The judge cannot simply ignore it or apply it only if it seems fair.

A Statutory Instrument

Delegated legislation includes Orders in Council, Statutory Instruments, by-laws, Court Rules and professional regulations. An Act of Parliament is primary legislation; a Bill is a draft Act; Royal Assent is the approval step.

Private international law is domestic law, while public international law is recognised by a group of nations.

Despite its name, private international law is national/domestic rules dealing with jurisdiction, applicable law and enforcement of foreign judgments. Public international law is law recognised by a group of nations, such as conventions, treaties and international custom.

The WTO

The WTO was formed in 1995 from GATT, which existed from 1948, and provides rules for trade in goods, services, inventions, creations and intellectual property.

To check whether the body had authority and followed proper procedures.

Judicial review is a procedural check: the court does not decide whether the public body's decision was correct on its merits. It checks whether the body had authority and followed proper procedures, and may quash the decision and ask the body to reconsider.

The US Supreme Court may declare laws made by Congress invalid, but UK courts cannot declare an Act of Parliament invalid.

The US Constitution was designed with separation of powers and checks and balances, and the US Supreme Court may declare laws made by Congress invalid. The UK has an unwritten constitution and Parliament is sovereign, so UK courts do not have power to declare an Act of Parliament invalid.

A statute always overrides international law.

Judges presume a statute cannot conflict with international law and should be interpreted to give effect to international obligations. The other three are genuine presumptions, along with the statute not excluding the jurisdiction of the court and not extending beyond the territorial jurisdiction of the UK.

That a conflict of laws can expose parties to loss and discourage international trade.

A conflict of laws occurs when parties from different legal jurisdictions interact and their legal rules conflict. Country A would say there was no contract; Country B would say there was one. Different legal rules can expose parties to loss and discourage international trade.

The civil law judge refers to the relevant code and applies it, while the common law judge also considers whether a superior court decided a similar case.

In the chapter's illustration, Auguste (France) refers to the relevant code and applies it, while Alison (UK) considers statutory law and also whether a similar case was decided by a superior court, applying the relevant decision to the current facts. Civil law judges mainly apply the law found in comprehensive codes.

Check if the public body had the authority to make the decision and followed proper procedures.

The correct option is to check if the public body had the authority to make the decision and followed proper procedures. Judicial review does not evaluate the merits of the decision but rather ensures that the public body acted within its powers and adhered to legal protocols.

Judges in common law systems interpret law and set binding precedents for future cases.

The correct option is that judges in common law systems interpret law and set binding precedents for future cases. This is a fundamental aspect of common law, whereas civil law judges mainly apply existing codes and statutes.