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PAPER TITLE: LAW: CONCEPTS AND PERSPECTIVES

DATE: Thursday, 8 June 2017

 

PART 1

Question 1    Which of the following is the modern term used to describe a person bringing a civil case to court?

a) Plaintiff

b) Claimant

c) Complainant

d) Prosecutor

ANSWER  B

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Question 2      Which principle is taken from Lord Atkin’s speech in Donoghue v Stevenson [1932] AC 562?

 a) The ginger beer principle

b) The manufacturer principle

c) The neighbour principle

d) The remoteness principle

 

Question 3     Which of the following bodies is the prosecution authority for tax evasion?

a) Office of Fair Trading 

b) Her Majesty’s Revenue and Customs

c) Financial Conduct Authority

d) Environment Agency

 

Question 4      In the civil justice system, actions with a value of between £10,000 and £25,000 will usually be assigned to the:

a) Train track

b) Fast track

c) Multi track

d) Small claims track

 

Question 5     Which of the following will a display of an article with a price on it in a shop generally constitute?

a) An offer

b) Acceptance

c) A contract

d) An invitation to treat

 

Question 6       Which statute brought into force the Jackson Reforms to the civil justice system?

a) Supply and Appropriation (Main Estimates) Act 2012

b) Legal Aid, Sentencing and Punishment of Offenders Act 2012

c) Protection of Freedom Act 2012

d) Consumer Insurance (Disclosure and Representations) Act 2012

 

Question 7       Which of the following is not normally taken into account when determining whether an agreement between two states is a treaty?

a) Whether the parties to the agreement are recognised as subjects of international law with treaty making powers

b) Whether the agreement is in writing

c) Whether the agreement is already state practice 

d) Whether the agreement is governed by international law

 

Question 8     In what year did the age of consent for homosexual sexual activity between men become the same as the age of consent for heterosexual sexual activity?

a) 1967

b) 2000

c) 2014

d) 1953

 

Question 9         Which of the following statements best reflects the approach set out in the Code for Crown Prosecution Service?

a) Those suspected of offences should be prosecuted

b) Those suspected of offences should be prosecuted if there is a realistic prospect of conviction and it is in the public interest to prosecute

c) Those suspected of offences should be prosecuted if there is a realistic prospect of conviction

d) The CPS should only prosecute if they are certain they will obtain a conviction

 

Question 10       Which of the following statements best reflects the approach set out in the Code for Crown Prosecution Service?

a) Those suspected of offences should be prosecuted

b) Those suspected of offences should be prosecuted if there is a realistic prospect of conviction and it is in the public interest to prosecute

c) Those suspected of offences should be prosecuted if there is a realistic prospect of conviction

d) The CPS should only prosecute if they are certain they will obtain a conviction

 

Question 11     Which of the following statements is correct?

a) In England and Wales the legal profession is split into lawyers and solicitors

b) In England and Wales the legal profession is split into lawyers and legal executives.

c) In England and Wales the legal profession is split into judges and politicians

d) In England and Wales the legal profession is split into barristers and solicitors

 

Question 12      Which body oversees the regulation of the legal professions in England and Wales?  

a) Solicitors’ Regulation Authority

b) Bar Standards Board

c) Legal Services Board

d) Legal Ombudsman

 

Question 13      Which of the following does not have a regional human rights court? 

a) Europe

b) The Americas

c) Africa

d) Antarctica

 

Question 14      Which of these is not a key feature of a civil law system?

a) A written constitution

b) A separate court for each code

c) Rights expressly conferred on citizens by the law

d) An adversarial court system

 

Question 15      Which of the following bodies cannot be described as a devolved legislature?

a) The Westminster Parliament

 b) The Welsh Assembly

c) The Scottish Parliament 

d) The Northern Ireland Assembly

 

Question 16     Which one of the following is not one of the essential elements of a contract?

a) Offer

b) Satisfaction

c) Consideration

d) Acceptance  

    

Question 17     Which of the following statements is correct?

a) Civil court proceedings are most frequently used for resolving civil disputes between individuals and government departments. 

b) Civil court proceedings are most frequently used for resolving civil disputes between politicians.

c) Civil court proceedings are most frequently used for resolving civil disputes between individuals (whether natural persons or companies).

d) Civil court proceedings are most frequently used for resolving civil disputes between businesses (whether public or private companies).

 

Question 18      Which one of the following is not a qualifying characteristic of the state as a person of international law outlined in Article 1 of the Montevideo Convention on the Rights and Duties of States 1933?

a) A permanent population

b) A defined territory

c) Democratically elected representatives

d) Government

 

Question 19      Which of the following made slavery illegal across the British Empire? 

a) The French Declaration of the Rights of Man and Citizens 1789

b) The Abolition of the Slave Trade Act 1807

c) Slavery Abolition Act 1833

d) The Convention to Suppress the Slave Trade and Slavery 1926

 

Question 20     Which of these is not a feature of Alternative Dispute Resolution?

a) Conducted by subject specialists

b) Strict rules of evidence

c) Flexibility

d) Solution focused

 

PART 2

Question 21

Explain the purpose and sources of international law.

 

Question 22

Explain whether the arrests of Sean and Tom are lawful.

 

Question 23

Explain to what extent, if any, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) has affected access to justice in civil law in England and Wales.

 

Question 24

Consider the view, with reference to natural law and positivism, that the law should have a moral foundation.  

 

PART 3

Question 25

Explain in your own words Lord Neuberger’s argument concerning the tension that exists between judges and journalists.

 

Question 26

Explain in your own words who Junius was and what he or she did. Outline Lord Neuberger’s argument concerning the anonymity of Junius and freedom of the press.  

 

Question 27

Evaluate, with reference to the lecture by Lord Neuberger, the argument that there should be an absolute right to privacy for those who write internet blogs.

[END OF QUESTION PAPER]

 

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