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PAPER TITLE: LAW: CONCEPTS AND PERSPECTIVES

DATE: Friday, 8 June 2018

 

PART 1

 

Question 1   What was HLA Hart’s definition of a legal system?

 a) A union of primary and secondary rules

b) A union of parliament and government

c) A union of primary, secondary and tertiary rules

d) A union of legislation and secondary rules

ANSWER  A

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Question 2     Which statement is true?

a) In civil law systems there is no distinction between civil law and criminal law

b) Both civil law systems and common law systems have separate courts for hearing criminal and civil (non-criminal) matters

c) In common law systems there is no distinction between civil law and criminal law

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

 

Question 3      Which statement is generally true of a common law system?

a) The decision of higher courts must be followed by lower courts

b) The decision of higher courts must be followed by lower courts if their arguments are persuasive

c) Judges can pick and choose what courts to follow

d) Higher courts should follow the judgments of lower courts

 

Question 4   What are the four main sources of law in England and Wales?

a) Legislation, the courts, the law of the Commonwealth, human rights law

b) Legislation, the courts, scholarly texts, the EU

c) Parliamentary sovereignty, Hansard, the Prime Minister, the courts

d) Legislation, the courts, the EU, human rights law

 

Question 5     Which of the following is a definition of devolution?

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

b) No single body holds all of the law-making power. Instead, this power is divided between different levels of government, usually central or local government

c) The power in a state is completely centralised, which means that only one body can create laws

d) A movement for transferring ownership and control of power to worker’s unions

 

Question 6    The head of the Scottish Government is called what?

a) Prime Minister of Scotland

b) First Minister

c) Deputy Minister of the United Kingdom

d) Lord Advocate

 

Question 7     No police officer may be appointed as a custody officer unless they obtain the rank of:

a) Constable

b) Sergeant

c) Inspector

d) Chief Inspector

 

Question 8     Which of the following crimes is not actionable as a tort of trespass to the person?

a) False imprisonment

b) Assault

c) Theft

d) Battery

 

Question 9     What age did the Criminal Justice and Public Order Act 1994 specify to be the age of consent for homosexual acts between men?

a) 16

b) 21

c) 17

d) 18

 

Question 10      What is the Full Code Test used by the Crown Prosecution Service when deciding to pursue a prosecution?

a) Whether or not any witnesses to the crime committed will be seen as credible before a judge or jury

b) Whether or not there is a realistic prospect of success and whether a prosecution is in the public interest

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) Whether or not the cost of pursuing conviction outweighs the probable outcome from any forthcoming trial of the detained person

 

Question 11      In the United Kingdom, international treaties need to be incorporated into domestic law in order for them to be effective and binding. What is the name given to this approach?

a) The monist approach to international law

b) The guided approach to international law

c) The directly effective approach to international law

d) The dualist approach to international law

 

Question 12       What does it mean to describe a legislature as ‘bicameral’?

a) The government is elected separately

b) The legislature meets twice a week

c) The legislature has one chamber or house

d) The legislature has two chambers or houses

 

Question 13      Which authority sets out the basic legal elements guiding whether an entity is a state?

a) The Montevideo Convention

b) The Geneva Convention

c) The Vienna Convention

d) The European Convention on Human Rights

 

Question 14      What are the essential elements of a contract?

 a) Offer, an invitation to treat, consideration, and intention to create legal relations

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

c) Offer, acceptance and consideration

d) Offer and acceptance

 

Question 15       Which of the following best defines actus reus?

a) The prohibited act

b) The legal reasoning

c) The required mental state

d) The real Act

 

Question 16       What elements are required for something to become customary international law?

 a) State practice and conventions

 b) State practice and opinio delicti

c) State practice and ratio decidendi

d) State practice and opinio juris

 

Question 17         In which guidelines does the Court of Appeal acknowledge that identification evidence may not always be reliable?

a) The Hart Guidelines 

b) The Beck Guidelines

c) The Birmingham Six Guidelines

) The Turnbull Guidelines

 

Question 18        When did the penalty for murder become a life sentence, rather than death? 

a) 1892

 b) 1924

c) 1965

d) 1985

Question 19      Which principle is taken from Donoghue v Stevenson?

a) The causation principle

b) The neighbour principle

c) The snail principle

d) The manufacturer principle

 

Question 20       What is the general aim of remedies in tort?

 a) To place the party who has suffered the tort in the position that they would have been in had the tort not occurred

b) To enrich the party who has suffered by more than their loss so as to provide a deterrent for future ill-conduct 

c) To provide minimal compensation so as to not encourage litigiousness 

d) There is no general aim of remedies in tort

 

 

PART 2

Question 21

Describe what international law seeks to achieve, identify its sources, and outline the main characteristics of each source.

Question 22

a) Describe whether Barney, Ivanna and Edwina have contracts in law. 

b) Explain whether Krish has a contract in law, and whether Jim has a legal right to get more money from him.

Question 23

Outline the issues the Woolf reforms to the civil justice system sought to address and the main changes they made.

Question 24

With reference to the Hart and Devlin debate, discuss whether the law should prohibit drug use on moral grounds.

Question 25

Describe, in your own words, Lord Neuberger’s argument that access to the law is important.

Question 26

Describe, in your own words, Lord Neuberger’s arguments that access to legal advice and legal representation is important.

Question 27

Outline and evaluate Lord Neuberger’s descriptions of the means by which technology may help improve the court system in England and Wales.  

[END OF QUESTION PAPER]

 

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