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PAPER TITLE: LAW: CONCEPTS AND PERSPECTIVES
DATE: Tuesday, 7 June 2016
PART 1
Question 1 Which of the following is NOT a feature of a modern civil law system?
(a) Rights are given by law
(b) A written constitution based on specific codes which set out and protect basic rights and duties
(c) Extensive judge-made law
(d) Courts specific to each code
ANSWER A
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Question 2 In which year did the first Government of Wales Act gain Royal Assent?
(a) 1978
(b) 1988
(c) 1998
(d) 2008
Question 3 What does it mean to describe a legislature as ‘bicameral’?
(a) One which meets once a week
(b) One in which the legislators sit in two separate chambers or houses.
(c) One in which the legislators sit in one chamber or house.
(d) One which meets twice weekly
Question 4 Which authority sets out the basic legal elements guiding whether an entity is a state?
(a) The Geneva Convention
(b) The Paris Convention
(c) The Runnymede Convention
(d) The Montevideo Convention
Question 5 What are the essential elements of a contract?
(a) Offer and acceptance
(b) Offer, acceptance and consideration
(c) Offer, acceptance, consideration and intention to create legal relations
(d) Offer, acceptance and consideration, intention to create legal relations and a deed
Question 6 Which of the following is the modern term used to describe a person bringing a civil case to court?
(a) Claimant
(b) Defendant
(c) Plaintiff
(d) Complainant
Question 7 Which term describes the process of demonstrating that a precedent is not applicable in another case involving different parties?
(a) Reversing
(b) Overruling
(c) Distinguishing
(d) Disestablishing
Question 8 Which principle is taken from Lord Atkin’s speech in Donoghue v Stevenson?
(a) The causation principle
(b) The neighbour principle
(c) The remoteness principle
(d) The manufacturer principle
Question 9 Which of the following is NOT a definition of the phrase ‘common law’?
(a) Early declarations of the law applying across the kingdom
(b) Rules of law developed from the courts rather than from statute
(c) Law that does not apply to the aristocracy
(d) A system of law where the law develops through cases
Question 10 Which of the following best defines actus reus?
(a) The prohibited act
(b) The legal reasoning
(c) The required mental state
(d) The buyer beware
Question 11 Which of the following bodies is the prosecution authority for tax evasion?
(a) Department for Work and Pensions
(b) Financial Conduct Authority
(c) Department for Business Innovation and Skills
(d) Her Majesty’s Revenue and Customs
Question 12 Which judicial guidelines specify how identification evidence should be handled in court?
(a) Beck Guidelines
(b) Canning Guidelines
(c) Turnbull Guidelines
(d) Smith Guidelines
Question 13 In the civil justice system, actions with a value of between £10,000 and £25,000 will usually be assigned to the:
(a) Fast track
(b) Small claims track
(c) Multi track
(d) High track
Question 14 Which statute stipulates that a claim must commence within a reasonable time of the cause of the action arising?
(a) Limitation Act 1980
(b) Constraint Act 1980
(c) Qualification Act 1980
(d) Stricture Act 1980
Question 15 Which of the following terms describes the right of a person who is entitled to appear before a judge on behalf of someone else?
(a) A right of appearance
(b) A right of audience
(c) A right of representation
(d) A right of litigation
Question 16 Which of the following categories of claims are ineligible for civil legal aid?
(a) Welfare benefit
(b) Judicial review
(c) Discrimination
(d) Mental health
Question 17 Which of the definitions below best describes jus cogens?
(a) In good faith
(b) Peremptory norm
(c) According to value
(d) Right of survivorship
Question 18 Which ONE of the following indicates that a state is not willing to subscribe to a particular obligation under a treaty?
(a) Reservation
(b) Non-subscription
(c) Regulation
(d) Optional clause
Question 19 Which of the following best defines ‘rectificatory’ justice?
(a) It relates to the voluntary and involuntary transactions we have with each other in society
(b) It depends upon a proportionate distribution rather than on equal shares
(c) It is governance under a just law
(d) It seeks to maximise the greatest benefit of the greatest number of people
Question 20 Which of the following best defines ‘distributive’ justice?
PART TWO
Question 21
Explain the key differences between common law and civil law legal systems. Consider whether the presence of judge-made law is the most significant of these.
Question 22
This is a problem question based on a fictional set of facts and s.24A Police and Criminal Evidence Act (PACE) 1984 set out below.
With reference to s.24A of PACE 1984, advise whether Tom’s arrest of Emma and Jamal is lawful.
Question 23
Consider the extent to which solicitors and barristers perform distinct roles within the legal profession.
Question 24
Discuss the view that the law should not be concerned with morality.
PART 3
Question 25
Briefly explain what Lord Toulson means by the phrase ‘the development of the common law’ (Toulson 2014, para 4).
Question 26
How does Lord Toulson support his claim that ‘there is a rich history of the common law borrowing ideas, answers and concepts from abroad’ (Toulson, para 27)?
Question 27
Critically evaluate the view that the influence of international legal systems benefits the development of the common law.
[END OF QUESTION PAPER]
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Last updated: Sep 02, 2021 12:19 PM
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