PUL444 TMA

Q1 What is ??deductive?? reasoning?
Reasoning from the particular to the general
Reasoning from the general to the particular
Law created by judges
Reasoning according to guess work

Q2 Statute law refers to:
Law created by Parliament in the form of legislation
Law deriving from cases
Law created by judges
law in general

Q3 What is the difference between private law and public law?
Private law relates to individual citizens, whereas public law relates to institutions of government
Public law relates to individual citizens, whereas private law relates to institutions of government
Private law relates to crimes committed inside the home, whereas public law relates to crimes committed in public places
Private law relates to court hearings conducted in private, whereas public law relates to hearings conducted in public

Q4 What is procedural ultra vires?
Where a person or body, provided with specific authority, follows the procedure established for using that power
Where a person or body, provided with specific authority, tries to follow the procedure established for using that powern’
Where a person or body, provided with specific authority, manages to follow the procedure established for using that power
Where a person or body, provided with specific authority, fails to follow the procedure established for using that power

Q5 What is a ??declaration?? in judicial review?
A definitive statement, by the High Court or county court, stating that it cannot decide a case
A definitive statement, by the High Court or county court, of the issues in the case
A definitive statement, by the High Court or county court, awarding damages
A definitive statement, by the High Court or county court, of what the law is in a particular area

Q6 Pecuniary interest can preclude a person from adjudicating over a matter
false
True
partly true
all the above

Q7 Where a court is influenced by factors extraneaous to its proper role as a umpire
substantive unfairness
participation model
all the optons
none of the options

Q8 Defendant being present at the trial, being allowed to put on evidence and allowed to cross examine witnesses is an example of which type of procedural justice
perfect procedural justice
participation model
all the optons
None of th options

Q9 The model of procedural justice which prescribes that those who are affected should be afforded an opportunity to participate in the making of the decision is referred to as –
perfect procedural justice
participation model
all the optons
None of the options

Q10 The model of procedural justice which reflects a fair balance between the costs of the procedure and the benefit that it produces is called-
the balancing model
the outcome model
None of the options
all the above

Q11 The conviction of the guilty and the exoneration of the innocent in a criminal trial constitutes wha model of procedural justicetype
the balancing model
perfect procedural justice
the outcoms model
None of the options

Q12 The model of procedural justice which says that the fainess of a process depends on the procedure producing correct outcomes is called –
the balancing model
perfect procedural justice
the outcoms model
all the above

Q13 The concept of procedural justice can be classified into three main categories.
false
false
True
all the above

Q14 A situation in which there is no criterion for what constitutes a just outcome other than the procedure itself is referred to as –
perfect procedural justice
pure procedural justice
partly true
none of the option.

Q15 An independent criterion for what constitutes a fair outcome is described as –
perfect procedural justice
pure procedural justice
partly true
none of the options

Q16 A procedure that guarantees that the fair outcome will be achieved is referred to as-
retributive justice
perfect procedural justice
partly true
none of the options

Q17 Fairness in the rectification of wrongs is called-
due process
retributive justice
all the optons
none of the options

Q18 Pecuniary interest may arise because a close associate may have pecuniary interest in the matter.
false
True
all the optons
None of the optionsabove

Q19 Offer of paid employment is an example of pecuniary interest
false
partly false
None of the options
true

Q20 Pecuniary interest includes increased or decreased sales or profits for a business.
false
partly false
None of the opions
true

Q21 Natural justice and procedural fairness are common law concepts ? Do you agree with this statement?
Yes
No
partly yes
none of the above

Q22 ?��?��?demands that the decision maker should be disinterested and/or unbiased in the matter to be decided.
procedural fairness
bias rule
natural justice
none of the above

Q23 Local government derive their power from
Constitution
state governments.
national governments
all of the above

Q24 If a tribunal observes the rule of natural justice it is irrelevant that the decision of tte tribunal is erroneous
false
partly false
None of the options
True

Q25 Natural justice is not wider in scope than fair hearing
false
partly false
None of the options
True

Q26 Substantial justice is corteminous with natural justice
false
True
partly true
all the above

Q27 Nemo judex n causa sua is a rrule of civil procedure
true
False
partly true
all the above

Q28 Which Section of the 1999 Constitution provides for the right to fair hearing.
Section 36
Section 35
Section 34
None of th options

Q29 Natural justice is the foundation of the right to fair hearing
true
fals
partly true
None of the options

Q30 Justice shoud not only be done but should be seen to be done
false
partly false
partly true
True

Q31 Audi alteram partem is a rule of natural justice
true
partly false
False
None of the options

Q32 Natural justice demands that a person who makes a decision should be unbiased.
partly true
False
True
all the above

Q33 Any person making a decision should declare any personal interest
false
mandamus
injunction
Habeas corpus

Q34 A person accussed of a crime should be given adequate notice of the proceedings.
false
True
partly true
none of the option.

Q35 Natural justice includes procedural faireness
true
False
partly true
none of the options

Q36 If a power is administrative it will be declared ultra vires if it is arbitrary
true
False
partly true
none of the options

Q37 Unless a legislative power breaches the constitution it will not be declared ultra vires
false
True
all the optons
none of the options

Q38 The case of Garba V University of Maiduguri upheld the principle of natural justice in Nigeria
false
True
all the optons
None of the optionsabove

Q39 Nemo judex n causa sua means hear the other side
false
partly false
None of the options
True

Q40 Natural justice goes to the root of respect of human rights
false
partly false
None of the opions
True

Q41 The whole essence of administrative law is about exercising permissible delegation. Do you agree with this statement?
Yes
No
partly yes
none of the above

Q42 delegatus non potest delegare means
Thou shalt not delegate
delegate within reasonable limits
a person whom power has been delegated to cannot further delegate
none of the above

Q43 The question whether the writs of certiorari or prohibition would issue in any particular case had come to be determined by reference to the character of the act or decision that was impugned
true
False
partly yes
all of the above

Q44 Judicial review of determination by non-statutory bodies discharging functions of a public is based on the same principles as review of determinations by statutory tribunals
true
False
partly yes
all of the above

Q45 Administrative agencies are outside the purview of the technical procedures followed in trial courts
true
False
partly yes
all of the above

Q46 Is the standard of impartiality required of judges the same as that required of persons who adjudicate in administrative capacity or boards?
Yes
No
Yes with reasons
No with reasons

Q47 Where there is a failure to consider all the relevant evidence ?��?��?��?��?.will lie.
mandamus
habeas corpus
Prohibition
Certiorari

Q48 Another name for “quashing order” is
certiorari
mandamus
habeas corpus
none of the above

Q49 ?��?��?��?.. Is a remedy available under judicial review
A mandatory order
Human Rights Act Damages
declaratory judgment.
all of the above

Q50 One of these is not a significance of judicial review:
the basic idea that courts must police the boundaries of administrative power
it is an aid to accountability
administrative system is that they do not establish precedent so, the ruling of the courts are of precedential value
none of the above

Q51 The remedy of injunction my be interim or pepertual
true
partly false
False
None of the options

Q52 The remedy which prevents an individual from committing an unlawful act is called
prohibition
mandamus
injunction
Habeas corpus

Q53 Which of the following is not a prerogative remedy
prohibition
mandamus
injunction
Habeas corpus

Q54 The prerogative remedy which prevents an individual from usurping a public office is called
prohibition
quo warranto
certiorarai
Habeas corpus

Q55 The prerogative remedy which is significant to the liberty of the indiviual is called
Administrative remedy
mandamus
certiorarai
Habeas corpus

Q56 The prerogative remedy which prevents a decision maker from exceeding the law is called..
prohibition
mandamus
certiorarai
Habeas corpus

Q57 The prerogative remedy which directs that a prisoner be brought to court and be reeased from unlawful custody is callled.
prohibition
mandamus
certiorarai
Habeas corpus

Q58 The prerogative remedy which enables a superior court to quash the decision of an inferior cort is called
prohibition
mandamus
certiorarai
None of the otions

Q59 Which of the prerogative remedies is used to compel the performance of a public duty
prohibition
mandamus
certiorarai
None of the options

Q60 Ultra vires means
beyond powers
withn powers
all the optons
None of the optionsabove

Q61 Administrative decision has two components
true
False
partly false
None of the options

Q62 The focus of Judicial review is the legality of administrative decisions
false
partly false
True
None of the optionsabove

Q63 Which of the following governs the acts or omissions in a judicial review
substantive law
adjectival law
None of the options
all the options

Q64 Judicial review of determination by non-statutory bodies discharging functions of a public is based on the same principles as review of determinations by statutory tribunals
True
False
partly yes
all of the above

Q65 Administrative agencies are outside the purview of the technical procedures followed in trial courts
True
False
partly yes
all of the above

Q66 Is the standard of impartiality required of judges the same as that required of persons who adjudicate in administrative capacity or boards?
Yes
No
Yes with reasons
No with reasons

Q67 Where there is a failure to consider all the relevant evidence ?��?��?��?��?.will lie.
mandamus
habeas corpus
Prohibition
Certiorari

Q68 Another name for “quashing order” is
certiorari
mandamus
habeas corpus
none of the above

Q69 ?��?��?��?.. Is a remedy available under judicial review
A mandatory order
Human Rights Act Damages
declaratory judgment.
all of the above

Q70 One of these is not a significance of judicial review:
the basic idea that courts must police the boundaries of administrative power
it is an aid to accountability
administrative system is that they do not establish precedent so, the ruling of the courts are of precedential value
none of the above

Q71 The process by which the court determines whether or not a decision having an administrative character comply with the requirements of the law is referred to as –
legislative process
judicial review
administative review
All the options

Q72 Anybody invoking statutory powers is liable to administrative law
False
partly false
1
none of the options

Q73 Which of the following is subject to administrative law mechanisms
ministerial decision
Council decision
decision to impose condition on a license
All of the options

Q74 Which of the following decision may not be challenged by administrative process
legislative
Criminal cases
contract
All the options

Q75 Which area of law will you rely on when challenging decision of an authority
Administrative LAW
Evidence Law
Criminal Law
None of the above

Q76 The maker of the decision in administrative decision is referred o as-
Administrative
judicial
lgislative
all of the options

Q77 A decision made by a public official is regarded as-
Administrative decision
judicial decision
lgislative decision
None of the above

Q78 Superior courts sometimes issue orders to inferior tribunals compelling them to stop action in a matter. Such actions are referred as:-
certiorarai
prohibition
mandamus
all the above

Q79 The process of formulating a general rule of conduct without reference to particular cases which general rule of conduct operates in the future is referred to as-
Legislation
Execution
Administation
None of the options

Q80 Adjectival law refers refers to which branch of the law:-es and procedures of the Courts when undertakig judicial review are referred to as-
substantive law
Practice and procedure of the Courts
public law
all the options

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