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PAPER TITLE: LAW: CONCEPTS AND PERSPECTIVES

DATE: Wednesday, 3 June 2015

 

PART 1

 

Question 1    Which of the following is not a feature of a civil law legal system?

a) Binding precedent

b) A written constitution is based on specific codes

c) Legislative enactments are binding with little scope for judge-made law

d) Writings of legal scholars may have a significant influence

ANSWER  A

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Question 2    In International Law the United Kingdom follows a dualist approach, meaning:

a) International law does not need to be implemented into domestic law and forms automatically part of the domestic legal system of the UK.

b) The United Kingdom focuses on the diplomatic relationship between its entities and other nations.

c) International law needs to be incorporated into domestic law in order for it to be effective and binding.

d) In the United Kingdom agreements under International Law are merely used as guiding tool by the Courts.

 

Question 3      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) 1956

b) 1967

c) 1994

d) 2000

 

Question 4     Which of the following statements best reflects the approach set out in the Code for Crown Prosecution Service?

a) The CPS should only prosecute as a last resort

b) Those suspected of offences should be prosecuted

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

d) Those suspected of offences should be prosecuted if there is a reasonable likelihood of conviction and it is in the public interest to prosecute

 

Question 5      Which one of the following is not commonly identified as a cause of miscarriages of justice?

a) Dubious confession evidence

b) Unreliable scientific evidence

c) Submission of too much evidence

d) Non-disclosure of evidence by the prosecution

 

Question 6      The right to a fair trial and unimpeded access to the legal system is embodied in which of the following articles of the European Convention on Human Rights (ECHR)?

a) Article 6 ECHR

b) Article 8 ECHR

c) Article 7 ECHR

d) Article 5 ECHR

 

Question 7      Which of the following statements is correct?

a) On 1 April 2014, the government created the Financial Control Authority (FCA) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT).

b) On 1 April 2014, the government created the Financial Conciliation Authority (FCA) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT).

c) On 1 April 2014, the government created the Financial Conduct Authority (FCA) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT).

d) On 1 April 2014, the government created the Financial Co-ordination Authority (FCA) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT).

 

Question 8      Which of the following statements is correct?

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

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

c) Civil court proceedings are most frequently used for resolving civil disputes between the state and individuals.

d) Civil court proceedings are most frequently used for resolving civil disputes between charities.

 

Question 9      The Overriding Objective of the Civil Procedure Rules is that:

a) All cases must be dealt with quickly and at proportionate cost, so far as is practicable.

b) All cases must be dealt with efficiently and at proportionate cost, so far as is practicable.

c) All cases must be dealt with justly and at proportionate cost, so far as is practicable.

d) All cases must be dealt with carefully and at proportionate cost, so far as is practicable.

 

Question 10     Which of the following statements is correct?

a) In England and Wales the legal profession is split into Advocates and Solicitors.

b) In England and Wales the legal profession is split into Judges and Solicitors.

c) In England and Wales the legal profession is split into Barristers and Solicitors.

d) In England and Wales the legal profession is split into Lawyers and Legal Executives.

 

Question 11     Which body oversees the regulation of the legal professions in England and Wales?

a) Solicitors’ Regulation Authority

b) Legal Complaints Service

c) Legal Ombudsman

d) Legal Services Board

 

Question 12      Which of the following is a form of Alternative Dispute Resolution in which parties may come to a solution without the assistance of a third party?

a) Arbitration

b) Negotiation

c) Tribunal

d) Litigation

 

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

a) The Americas

b) Europe

c) Australasia

d) Africa

 

Question 14      Which of the following statements is incorrect?

a) All human rights are non-derogable

b) All human rights are indivisible

c) Human rights apply to all human beings, without discrimination

d) Human rights obligations are owed by the states to individuals

 

Question 15      Which of the following is a UN treaty body?

a) International Law Commission

b) Human Rights Committee

c) International Criminal Court

d) Office of the UN High Commissioner on Human Rights

 

Question 16      The Harm Principle was proposed by which of the following?

a) Professor Hart

b) Lord Devlin

c) Cicero

d) JS Mill

 

Question 17    Which of the following statements is correct in regards to the Police and Criminal Evidence Act 1984 (PACE 1984)?

a) Stop and search under PACE 1984, part 1, requires a police officer to have reasonable grounds to believe a suspect is carrying stolen property.

b) Stop and search under PACE 1984, Part 1, requires a constable to have a reasonable belief that he will find stolen or prohibited articles.

c) Stop and search under PACE 1984, part 1, requires a constable to have reasonable grounds for suspecting that he will find stolen or prohibited articles.

d) Stop and Search under PACE 1984, part 1, requires a constable to have reasonable suspicion that he will find stolen or prohibited articles.

 

Question 18     Which of these is not a feature of Alternative Dispute Resolution?

a) Confidentiality

b) Flexibility

c) Strict rules of evidence

d) A focus on the future

 

Question 19      Which of the following bodies cannot be described as a devolved legislature?

a) The Northern Ireland Assembly

b) The Westminster Parliament

c) The Welsh Assembly

d) The Scottish Parliament

 

Question 20      Which one of the following is not one of the essential elements of a contract?

a) Offer

b) Satisfaction

c) Consideration

d) Intention to create legal relations

 

PART 2

 

Question 21

Compare and contrast the key features of civil and common law legal systems.

 

Question 22

Outline the key features of liability in tort and contract. Include a consideration of remedies in your answer.

 

Question 23

Lord Justice Mathew’s comment that ‘justice is open to all – like the Ritz’ is still accurate some 150 years after it was made.

Consider the accuracy of this statement in the light of the changes made to the provision of civil legal aid by the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.

 

Question 24

Discuss the view that the law should have a moral foundation.

 

PART 3

 

Question 25

In your own words, outline Starmer’s argument that the passing of the Human Rights Act in 1998 and the general election in May 2015 were constitutional moments.

 

Question 26

How does Starmer support his assertion that the Human Rights Act 1998 does not undermine the sovereignty of Parliament or the freedom of UK courts?

 

Question 27

Critically evaluate the view that the Human Rights Act 1998 should be repealed.

[END OF QUESTION PAPER]

 

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Last updated: Sep 02, 2021 12:19 PM

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