MCQ ELS CIV 3701 EXAMINATION QUESTIONS WITH A
GRADED ANSWERS LATEST 2026 EDITION
Where does common law come from?
judicial precedent from old customs
Examples of Common Law
The Theft Act 1968
Murder
What is statute law?
bills that have gone through the parliamentary process before becoming an act/statute.
What is private law?
disputes between citizens or companies.
for example: contract and tort law.
what is public law?
disputes between a citizen and the state.
E.g., criminal and administrative law.
What is a care order?
a local authority assumes legal responsibility for a child.
The Children Act 1989
What is civil law?
resolves disputes known as actions not involving a crime to assess liability.
often brought by a claimant and focuses on a remedy (compensation or injunction)
what is criminal law?
regulates behaviour the state considers wrong by creating offences.
cases are brought by CPS and evidence provided by police.
offenders prosecuted with a view to sentencing if guilty; punishment, protection, and rehabilitation.
classification of offences
- Summary offences
- Triable either way offences
- Indictable offences
summary only
, less serious, such as motoring offences and minor assaults where defendant is not entitled to trial by
jury. carry no more than 6 month imprisonment
triable either way
dealt by magistrates or crown theft and handling stolen goods. magistrates can also decide it so serious
should be dealt with in crown.
indictable only
most serious offences. murder, manslaughter, rape, robbery.
Adversarial Approach to Law
it means having a defence/prosecution, jury, judges, or magistrates.
Inquisitorial Approach
judges play an active role in gathering evidence and interviewing witnesses instead of a neutral person.
it is common in countries such as France and Germany who have a civil law system. this law is codified
and doesn't rely on precedent.
proving the case
Burden of proof:
Civil - claimant
criminal - CPS
Standard of proof:
civil - balance of probabilities
criminal - beyond reasonable doubt
equity
a flexible, discretionary body of law based on fairness, justice and morality.
The law must apply to everyone for it to be fair, but not too specific to apply across the board.
exceptions/circumstances will arise where it won't be fair. this is when equity happens, to correct
otherwise unfair outcomes.
common law courts
common pleas
KB/QB
exchequer
equity courts
court of chancery
other small jurisdictions
Common Law 2.0
GRADED ANSWERS LATEST 2026 EDITION
Where does common law come from?
judicial precedent from old customs
Examples of Common Law
The Theft Act 1968
Murder
What is statute law?
bills that have gone through the parliamentary process before becoming an act/statute.
What is private law?
disputes between citizens or companies.
for example: contract and tort law.
what is public law?
disputes between a citizen and the state.
E.g., criminal and administrative law.
What is a care order?
a local authority assumes legal responsibility for a child.
The Children Act 1989
What is civil law?
resolves disputes known as actions not involving a crime to assess liability.
often brought by a claimant and focuses on a remedy (compensation or injunction)
what is criminal law?
regulates behaviour the state considers wrong by creating offences.
cases are brought by CPS and evidence provided by police.
offenders prosecuted with a view to sentencing if guilty; punishment, protection, and rehabilitation.
classification of offences
- Summary offences
- Triable either way offences
- Indictable offences
summary only
, less serious, such as motoring offences and minor assaults where defendant is not entitled to trial by
jury. carry no more than 6 month imprisonment
triable either way
dealt by magistrates or crown theft and handling stolen goods. magistrates can also decide it so serious
should be dealt with in crown.
indictable only
most serious offences. murder, manslaughter, rape, robbery.
Adversarial Approach to Law
it means having a defence/prosecution, jury, judges, or magistrates.
Inquisitorial Approach
judges play an active role in gathering evidence and interviewing witnesses instead of a neutral person.
it is common in countries such as France and Germany who have a civil law system. this law is codified
and doesn't rely on precedent.
proving the case
Burden of proof:
Civil - claimant
criminal - CPS
Standard of proof:
civil - balance of probabilities
criminal - beyond reasonable doubt
equity
a flexible, discretionary body of law based on fairness, justice and morality.
The law must apply to everyone for it to be fair, but not too specific to apply across the board.
exceptions/circumstances will arise where it won't be fair. this is when equity happens, to correct
otherwise unfair outcomes.
common law courts
common pleas
KB/QB
exchequer
equity courts
court of chancery
other small jurisdictions
Common Law 2.0
