CII INSURANCE LAW M05
PRACTICE TEST 50
QUESTIONS
Question 1: Which source of English law is created by a person or body exercising law-making powers delegated by Parliament?
Choices:
1) Judicial precedent 2) Delegated legislation 3) Equity 4) Local custom
Correct Answer: Delegated legislation
Explanation: Delegated legislation is made under authority granted by an Act of Parliament.Examples include statutory instruments made by ministers or other authorised bodies.Page 1
Question 2: In an ordinary civil action, what standard of proof will the claimant normally have to satisfy?
Choices:
1) Beyond reasonable doubt 2) Absolute certainty 3) Balance of probabilities 4) Clear and convincing evidence
Correct Answer: Balance of probabilities
Explanation: Civil claims are normally decided on the balance of probabilities: the claimant must show that the facts relied on are more likely than not to be true.Question 3: Which statement best distinguishes the usual roles of solicitors and barristers in England and Wales?
Choices:
1) Only barristers may give legal advice 2) Solicitors commonly manage client matters while barristers often provide specialist advocacy and opinions 3) Solicitors decide cases and barristers investigate crimes 4) Barristers are employed by the courts and solicitors by Parliament Correct Answer: Solicitors commonly manage client matters while barristers often provide specialist advocacy and opinions Explanation: Solicitors commonly deal directly with clients and manage legal work, while barristers often specialise in courtroom advocacy and specialist legal opinions. The professions can overlap in some activities.Page 2
Question 4: A limited company registered under the Companies Acts is normally an example of which type of legal person?
Choices:
1) A corporation aggregate 2) A corporation sole 3) An unincorporated association 4) A natural person
Correct Answer: A corporation aggregate
Explanation: A company is normally a corporation aggregate: a legal person made up of members but legally distinct from them. A corporation sole is an o�ce occupied successively by one person.Question 5: Consider these statements about judicial precedent: 1. The ratio decidendi of a higher court may bind a lower court. 2. Obiter dicta are generally persuasive rather than binding. 3. The Supreme Court may depart from one of its own previous decisions in an appropriate case. 4. A High Court judge may overrule a Court of Appeal decision simply because the judge disagrees with it. Which option contains ALL the correct statements?
Choices:
1) 1 and 2 only 2) 1, 2 and 3 only 3) 2, 3 and 4 only 4) 1, 2, 3 and 4
Correct Answer: 1, 2 and 3 only
Explanation: Statements 1, 2 and 3 are correct. A lower court cannot disregard a binding decision of a higher court merely because it disagrees with it.Page 3