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FORM TP 2013214 MAY/JUNE 2013

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CARIBBEAN EXAMINATIONS COUNCIL

CARIBBEAN ADVANCED PROFICIENCY EXAMINATION

LAW

Unit 1- PUBLIC LAW

Paper 01

1 hour 30 minutes

( 31 MAY 2013 (p.m.))

READ THE FOLLOWING INSTRUCTIONS CAREFULLY. 1. This test consists of 45 items. You will have 1 hour and 30 minutes to answer them.

2. In addition to this test booklet, you should have an answer sheet.

3. Do not be concerned that the answer sheet provides spaces for more answers than there are items in this test.

4. Each item in this test has four suggested answers lettered (A), (B), (C), (D). Read each item you are about to answer and decide which choice is best.

5. On your answer sheet, find the number which corresponds to your item and shade the space having the same letter as the answer you have chosen. Look at the sample item below.

Sample Item

The term 'stare decisis' means

(A) (B) (C) (D)

reason for deciding let the decision stand through a lack of care offhand comments by a judge

Sample Answer

The best answer to this item is "let the decision stand", so answer space (B) has been shaded.

6. If you want to change your answer, erase it completely before you fill in your new choice.

7. When you are told to begin, tum the page and work as quickly and as carefully as you can. If you cannot answer an item, go on to the next one. You may return to this item later. Your score will be the total number of correct answers.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO.

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Copyright 2009 Caribbean Examinations Council All rights reserved.

1.

2.

3.

4 .

- 2 -

Which of the following statements is applicable to 'positive law'?

(A)

(B)

(C)

(D)

It is shaped by a supreme divine being.

It provides a rational foundation for moral behaviour.

It must be obeyed even if unjust or repressive. _

It is associated with the ancient Roman philosopher, Cicero.

Philosophers who argue that there is an absolute standard against which all law can be measured are BEST described as

(A) realists (B) Marxists (C) positivists (D) naturalists

Which of the following classifications oflaw prescribes that an employer is liable for the torts committed by his employee during the course ofhis employment?

(A) Public (B) Private (C) Procedural (D) Substantive

The rule of statutory interpretation which seeks to avoid an unjust or absurd result may be described as

(A) golden (B) literary (C) purposive (D) mischievous

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5.

6.

West Indian law and legal systems evolved from

(A) (B) (C) (D)

Civil Code colonialism judicial precedent morality and religion

Statements of law made where a case is not fully argued or where the court seemed to have misunderstood the law or was unaware of relevant policy considerations, form part of the

(A) obiter dictum (B) per incuriam (C) ratio decidendi (D) binding precedent

7. Which of the following is NOT a feature of the High Court or the Supreme Court?

8.

(A) Trial function (B) Appellate jurisdiction (C) Investigative function (D) Judges adjudicating on matters

before the Court

Which of the following statements BEST describes the practice of law in the Commonwealth Caribbean today?

(A)

(B)

(C)

It has changed drastically since the countries gained their independence from Britian.

It varies greatly from country to country in the Commonwealth Caribbean.

In some countries, the influence of French or Roman-Dutch Law may be seen alongside English Common Law.

(D) It retains vestiges of the laws of the indigenous peoples, African enslaved people and the Asian indentured immigrants.

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9.

10.

11.

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The golden rule in statutory interpretation arises where the

(A) courts wish to change the statute (B) courts wish to provide clarity to the

statute (C) parliament wishes to define the

words of the statute (D) ordinary meaning of the words in

a statute gives rise to an absurd result

The rules of statutory interpretation are intended to

(A) aid the courts in interpreting case law

(B) assist the legislature in the making

(C)

(D)

of laws assist the courts in interpreting

legislation distinguish between binding and

persuasive precedents

The mischief rule in statutory interpretation arises when the courts wishes to

(A) (B) (C)

(D)

change the statute provide clarity to the statute ascertain the ordinary meaning of

the words in a statute determine the defects parliament

was trying to correct

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12.

13.

In March, Green Thumbs Ltd, owned by Mrs Peterkein, entered into an agreement with PS Ltd owned by her former husband, Mr Peterkein. PS Ltd is to supply lush fertilizer for her vegetable farm by August at a cost of $10,000 on which a down payment of $5,000 was made. It is December and PS Ltd has not supplied the fertilizer to Green Thumbs Ltd. However, PS Ltd is refusing to repay Green Thumbs Ltd its down payment.

Green Thutilbs can seek redress in the

(A) (B) (C) (D)

High Court Family Court Industrial Court Magistrate's Court

Miss Roache, a prosecutor, is aware that a co-accused, P, who is cooperating with the prosecution, has a document which is very damaging to the co-accused, Q. Both accused are involved in extradition proceedings at the request of a foreign state.

Miss Roache has a duty to share the information with the

I. II.

III.

defence counsel Director ofPublic Prosecutions and

the Judge representatives of the foreign

government

(A) I only (B) II only (C) III only (D) I, II and III

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14.

15.

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Which of the following are features of delegated legislation?

I. Flexibility in the court system II. Special knowledge from experts

III. Greater autonomy to administrative units

(A) I and II only (B) I and III only (C) II and III only (D) I, II and III

Janet owes her cousin, Justin, six months rent for the apartment she rents from him. Jus tin wants to recover the outstanding rent and comes to you for legal advice. He is not too keen on taking Janet to court but considers it among his options.

His BEST option would be

(A) (B) (C) (D)

eviction litigation mediation arbitration

16. Which of the following is NOT a feature of Caribbean constitutions?

(A)

(B)

(C)

Certain constitutional provisions are entrenched.

Inherent supervisory functions are possessed by the High Court over all inferior tribunals.

Original jurisdiction is given to the Supreme Court in all constitutional matters.

(D) Salaries and conditions of service of judges are safeguarded by the constitution.

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17.

18.

19.

Which of the following are requirements for the operation of the rule of law in any Commonwealth Caribbean state?

I. A constitution having a Bill of Rights

II. A constitution providing for strict penalties for criminal offenders

III. A constitution safeguarded by an independent judiciary

(A) I apd II only (B) I and III only (C) II and III only (D) I, II and III

Appointment of judges should be with security of tenure until the statutory age of retirement.

Judges' security of tenure until the statutory age of retirement is important for

(A) (B) (C)

the independence of the judiciary the separation of powers doctrine effective functioning of the

executive (D) . effective operation of the legislature

Which of the following prerogative orders is used to compel the performance of a public duty by a public authority?

(A) (B) (C) (D)

Certiorari Mandamus Prohibition Habeas corpus

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20.

21.

22.

23.

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The statement "no man is above the law" is attributable to

(A) the UN Charter (B) the Bill of Rights (C) the Declaration of Delhi (D) Dicey's 'the Law and the

Constitution'

Which branch oflaw deals with the powers and duties of government?

(A) Public (B) Private (C) Procedural (D) Constitutional

An independent judiciary is indispensable for the protection of the right to

(A) a fair hearing (B) a speedy trial (C) legal redress (D) presumption of innocence

In ALL Commonwealth Caribbean jurisdictions, the Head of State is the

I. Queen II. President

III. Governor General

(A) I only (B) II only (C) I or II (D) I or III

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24.

25.

26.

The Prime Minister ofXanadu was charged for tax evasion, found guilty and sentenced to six month.s in prison. This was possible because of the principle of

(A) equity (B) rule of law (C) constitutional supremacy (D) parliamentary sovereignty

Busta, a pr~soner on death row for over ten years, has been awaiting the hearing of his appeal and is now quite frustrated. He seeks your advice on what is meant by "cruel, inhumane and degrading treatment" of which he claims to be a victim.

Which of the following cases can be cited as an explanation of the principle?

(A) (B) (C) (D)

Hinds v R Thomas vA-G Pratt and Morgan vA-G Collymore vA-G

Brenda is staging a peaceful picketing exercise with some members of her party outside the office of the President. Some policemen approach them, take away their pickets and tell them they ought not to say those negative things about the government. The policemen also tell them that they should disperse and not return.

Which of Brenda's fundamental rights are being infringed?

I. Right to liberty II. Freedom of assembly

III. Freedom of expression

(A) I and II only (B) I and III only (C) II and III only (D) I, II and III only

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27.

28.

29.

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Items 27- 28 refer to the following information.

Mr Acorn has been acting in the post of Chief Police Supervisor for ten years and applies for appointment to the post. The Personnel Officer appoints Mr Squirrel, a recent graduate and who got a lower score on his interview than Mr Acorn, but is a good friend of the Personnel Officer.

On which of the following grounds may Mr Acorn seek redress for judicial review?

(A) Bias (B) Improper purpose (C) Abuse of discretion (D) Breach of fundamental rights

Which of the following remedies would be available to Mr Acorn?

(A) Injunction (B) Restitution (C) Habeas corpus (D) Specific performance

Members of the community are upset when Government introduces the payment of a toll to travel on the main road which leads directly to the airport. Mary and her sister, Sonia, seek your advice on how they may obtain redress.

You should advise them that they

(A)

(B)

(C)

cannot sue, as they have no locus standi

can send a petition to the Ministry of Transportation

can sue on behalfofthemselves and the members of their community

(D) cannot sue, since as a member of the community, they have locus standi

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30.

Item 30 refers to the following quotation.

"This court does not and cannot inquire into the merits of the minister's decision ... This court can only examine the legality of the process adopted to reach a decision ... "

Marks v Minister of Home Affairs (1983) per Sir Alastair Blair-Kerr P.

The quotation describes the doctrine of

(A) (B) (C) (D)

i

appeal illegality locus standi judicial review

31. The ' but for rule' is MOST closely related to the question of

(A) (B) (C) (D)

causation mens rea

actus reus recklessness

32. For which of the offences below does recklessness suffice as mens rea?

33.

(A) (B) (C) (D)

Murder Grievous bodily harm Voluntary manslaughter Involuntary manslaughter

For which ofthe following crimes is malice aforethought an essential ingredient?

(A) (B) (C) (D)

Rape Murder Robbery Wounding

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34.

35.

36.

37.

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In criminal law, there is strong legal authority for the proposition that

(A)

(B)

(C)

(D)

there is no duty to retreat in self-defence

accidental death of a victim may be considered by a court

an accused must take his victim as he finds him, no more no less

the onus is on the Crown to prove that the accused is guilty beyond reasonable doubt

In strict liability offences, which of the following is NOT correct?

(A) (B) (C) (D)

The offence is created by statute. Liability is strict but not absolute. There is a presumption of mens rea. There is no presumption of mens

rea.

A defence against a charge of murder may be successfully argued on the grounds of

(A) (B) (C) (D)

necessity self-defence provocation diminished responsibility

Which of the following may NOT result in criminal liability?

(A) Steps taken to commit the crime (B) A state of mind to commit the crime (C) Commission of the crime, whether

(D) intended or not

Coincidence of the accused's state of mind and commission of the cnme

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38.

39.

Which of the following is a 'special defence'?

(A) Insanity (B) Intoxication (C) Self-defence (D) Provocation

Mary stabbed John after being submitted to many years of physical and emotional abuse by him. John was rushed to hospital and subsequently died.

Mary may be liable for

(A) (B) (C) (D)

murder grievous bodily harm voluntary manslaughter involuntary manslaughter

40. Sandra points a gun at her long-time enemy, Amanda. The gun is not loaded.

41.

Sandra is LIKELY to be

(A) (B) (C) (D)

able to claim self-defence found guilty of an assault held liable for attempted murder found guilty of an offence since the

gun was not loaded

Shamar, Allison's friend, enters Allison's house for dinner. After dinner, he removes his clothing and menancingly tells her, "You know what I want." Allison is afraid for her life and removes her clothing. The two engage in sexual intercourse.

Shamar is

(A) guilty of rape (B) guilty of assault (C) not guilty of rape since no force

was used (D) not guilty of rape since Allison

invited him over

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-42.

43.

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Alex resolves to kill Peter. He injects an orange with potassium cyanide and hides it from Peter with the intention of giving it to him in the evening. Peter finds the orange around mid-morning, eats it and dies.

Alex is guilty of

(A) (B) (C) (D)

murder negligence voluntary manslaughter involuntary manslaughter

In which of the following situations could the person be liable for 'omission to act'?

I. John fails to take care of his ailing grandmother whom he has brought to his home and she dies.

II. Melissa does not feed her newborn baby and the baby dies.

III. Margaret fails to pay her taxes owed to the government.

(A) I only (B) II only (C) I and II only (D) I, II and III

44.

45.

ENDOFTEST

Mary stabbed John when he made a remark she did not appreciate. John was rushed to hospital bu~ he refused a blood transfusion and later died.

Which of the following is NOT a general defence available to Mary?

(A) (B) (C) (D)

Insanity Intoxication Provocation

Se~f-defence

Maray fires two shots at Phil which miss him and break a glass window.

Maray is

(A) liable for the damage to the glass (B) liable under the principle of

transferred malice (C) liable for the damage to the glass

since he intended it (D) not liable because he did not have

the mens rea for the outcome

IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS TEST.

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