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PAPER TITLE: LAW: CONCEPTS AND PERSPECTIVES

DATE: Tuesday, 11 June 2019

 

PART 1

 

Question 1    H.L.A. Hart divided law into what sources/types?

a) Civil Codes

b) Primary and secondary rules

c) Primary, secondary and tertiary rules

d) Statute law

ANSWER  B

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Question 2      Which of these statements is accurate?

a) In civil law systems, civil law and criminal law are regarded as being indistinguishable 

b) In common law systems, civil law and criminal law are regarded as being indistinguishable

c) Both civil law and common law systems generally have separate courts for hearing criminal and civil matters.

d) In common law systems, only serious criminal cases are triable in criminal courts

 

Question 3      Which of the following is not a substantive right provided by the ECHR?

a) The right to life

b) The right to water and sanitation

c) The right to a fair trial 

d) The right to freedom of association

 

Question 4    Which statement is normally true of a Common law system?

a) Judges can decide which court to follow based on their own discretion

b) Higher courts judgments must be followed by lower courts only if opinions are convincing

c) Higher courts judgments must be followed by the lower courts

d) Higher courts have to follow the judgments of lower courts

 

Question 5    The four main sources of law in England and Wales are currently:

a) Legislation, the common law, human rights law and EU law

b) Legislation, the common law, scholarly texts, and EU law

c) Legislation, the common law, Parliamentary Sovereignty, human rights law

d) Legislation, the common law, Hansard, the Constitution

 

Question 6     How can devolution be defined? 

a) Power is divided between different levels of government, typically central or local government so that no single body holds all of the law-making power

b) Only one body can create laws

c) A system for transferring law-making power to specialised think-tanks 

d) The transfer or delegation of power to a lower level, especially by central government to local or regional administration

 

Question 7      The Scottish Parliament elects its members (MSPs) by using a mixture of the ‘first past the post’ system and what?

a) The Additional Member System

b) The Alternative Vote System

c) The Majority Election System

d) The Accumulative Poll System

 

Question 8     Section 29 of the Scotland Act 1998 contains a limit on the power of the Scottish Parliament to legislate. This known as the limit of what?

a) The limit of reserved matters

b) The limit of legislative competence

c) The limit of transferral 

d) The limit of devolved competence

 

Question 9       The Northern Ireland Assembly operates a unique system for voting on laws. On non-controversial or less important issues, it uses a standard majority vote. What is required for important or controversial issues?

a) A referral to the Courts of Justice of the European Union

b) Support from the Dáil Éireann (the House of Representatives of the Republic of Ireland)

c) Cross-community support

d) A ruling from the Supreme Court of the United Kingdom

 

Question 10     Public international law has been traditionally recognised as law made by states to what?

a) Govern inter-state relations

b) Govern environmental protection

c) To combine the laws of individual states

d) To combine Civil and Common law systems

 

Question 11      What are the four essential elements that form a legal contract?

a) Offer, reliance, consideration, and intention to create a contract

b) Offer, acceptance, consideration, and intention to create legal relations

c) Offer, acceptance, detriment and intention to create legal relations

d) Offer, reliance, detriment and intention to create a contract

 

Question 12       What is the definition of the Threshold Test used by the Crown Prosecution Service when deciding to charge a suspect who is already being detained?

a) That the evidence suggests that there is a realistic prospect of success and that seeking prosecution is in the public interest

b) Whether or not the quality of evidence is likely to convince a jury to convict the defendant 

c) Whether or not a reasonable suspicion that the suspect has committed the offence exists, with reasonable grounds for believing that further evidence will be found which offers a realistic prospect of conviction

d) The level of credibility regarding a witness to a crime committed is likely to convince a judge or jury

 

Question 13     The age of consent for homosexual acts between men and heterosexuals was equalised by the Sexual Offences (Amendment) Act 2000 to 16 years old. What was the age of consent for homosexual acts between men immediately prior to this Act?

a) 16

b) 18

c) 17

d) 21

 

Question 14      What is the general aim of remedies in contract?

a) To compensate the aggrieved party by putting them in the financial position that they would have been in, had the contract been fulfilled

b) To compensate the aggrieved party by putting them in a better financial position than they would have been in, had the contract been fulfilled 

c) As a deterrent to ensure future contracts are performed 

d) As a mechanism to ensure specific performance

 

Question 15     Which of these grounds is required for the police to stop and search an individual under section 1 of the Police and Criminal Evidence Act 1984?

a) Reasonable grounds for suspecting they will find stolen or prohibited articles

b) Reasonable suspicion that the person was a convicted criminal in the past

c) A necessity for arrest

d) On the basis of personal factors

 

Question 16       Section 2 of the Suicide Act 1961 provides criminal liability for being complicit in another’s suicide. Which government official must initiate proceedings for an offence under this section?

a) The Home Secretary

b) The Director of Public Prosecutions

c) The Attorney General

d) The Chief Constable of the Metropolitan Police

 

Question 17     The actus reus can be said to be the action or conduct which is a constituent element of a crime. In the common law offence of murder (homicide) what is required for the actus reus element to be present?

a) Factual causation

b) Death of a human being

c) Legal causation

d) All of the above

 

Question 18      Which agreement sets out guidelines for the relationships and key areas of joint working between the UK and the three devolved administrations? 

a) The Good Friday Agreement

b) Memorandum of Understanding and associated Concordats (MoU)

c) The Westminster Agreement

d) The Holyrood Agreement

 

Question 19      A number of police powers are premised upon the constable having reasonable grounds for suspicion and reasonable force when exercising powers to stop and search, and arrest. Which of the following may be taken into account by the courts in determining reasonable force?

a) The gravity of the offence for which arrest is to be made

b) The harm that would flow from the use of force against the suspect

c) The possibility of effecting the arrest or preventing the harm by other means

d) All of the above

 

Question 20      The standard of proof in a civil claim is what?

a) Beyond reasonable doubt

b) Beyond reasonable certainty

c) On the balance of possibilities

d) On the balance of probabilities

 

PART TWO

 

Question 21

Explain FOUR differences between civil law systems and common law systems.

 

Question 22

1. Explain whether Steve, Sheela and Patel have enforceable contracts in law. 

2. b) Explain whether Dave can claim the extra £500 from Patel

 

Question 23

Explain the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) on access to justice in England and Wales.  

 

Question 24

Explain the key features of modern slavery, focusing on trafficking in human beings (THB) and forced labour.

 

PART 3

Question 25

Explain in your own words how Lord Wilson describes the way Magna Carta was established and what its important provisions are today.  

 

Question 26

Explain in your own words how Lord Wilson describes the manner which the European Convention on Human Rights was established. Also explain what he suggests was included within it and what was not.

 

Question 27

Evaluate Lord Wilson’s arguments concerning:

(a) how he harbours concerns over the enforceability of human rights.

(b) how the horrors of the 20th century required an international response to human rights.

 

[END OF QUESTION PAPER]

 

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