Robes onomtmmeraes faeces 10 ay cesnl ho Otsitestiad. rest cove 02131010 eee ee MAYiIUNE 213 CARIBBEAN EXAMINATIONS COUNCIL CARIBBEAN ADVANCED PROFICIENCY EXAMINATION? Law Unit 1- PUBLIC Law Paper ot T hour 30 minwses 3 MAY 2013 (p.m) READ THE FOLLOWING INSTRUCTIONS CAREFULLY, 1. This test consists of 45 items. You will have | hour and 30 minutes to answer ther 2. Inaddition wo this test booklet, you should have en answer sheet 3. Do not be concerned that the answer sheet provides spaces for more answers than there are iterms in his rst. 4. Bach item in this fest has four suggested answers lettered (A), (B),(C), (D). Rewd each item Yyou are about to answer and decide which choice is best. $._ On yeur 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 be ow, sample Item The term ‘stare decisis" means Sumale Answer 1A) reason for deciding 0a00 (B) let the decision stand ©® (©) trough a lack of care (D) offhand comments byw judge The best answer to this ite i “let the decision sand”, so answer space (B) has bees shaded I 6 you want to change your answer, erase it completely before you fill n your new shoice 7. When you ar tld to begin, tur the page and work as quickly and as careilly ss you ean If you cannot answer an item, go on to the next one. You may return to this item ler. Your score will be the total nuinber of correct ansivers. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO. ‘Copyright > 2009 Curibbean Examinations Council Allsights reserved, 02131010:CAPE 2013 1101. Which of the following statements is applicable to “postive law"? (A) itis shaped by 2 supreme divine being. (8) provides aravional foundation for moral behaviour. GB 01st be obeyed even ifunjust or repressive (D) his associated with the ancient Roman philosopher, Cicero 2, Philosophers who argue that there fs an absolute standard against which ll lay ean bbe messured ate BEST described as (Ay realists (8) Marxists {C)_positivists @&@® 2 2niiss 4. Which ofthe followingclssifications of law preseibos that an semployer i ile for the torts committed by his employee during the ‘cours of his employment? (A) Public aie = Procedural : (D) Substantive 4. Therule of statutory interariation which seeks to avoid an unjust or absurd result may 22 described as golden Titerary (©) purposive (D) mischievous OLLSLOLO/CAPE 2013, ‘yest indian las and legal systems evel from Civil Code cctosialism (C)_judiciatprosedent {D) ‘morality and religion 6. Statements of law made where a case is not fly argued or where the cost seemed to have misunderstood the law or Was unaware of relevant policy considerations. form past ofthe (a) obiterdicsum ROP atin decidendt (D) binding precedent 7. Which of the following is NOT a feature of the High Court or the Supreme Court? (A) Trial function Appellate jurisdiction NO investigative function (D) Judges adjudicating on matters before the Court 8 “Which of the following statements BEST desoribes the practice of law Commonwealth Caribbean today? yr on ® te has changed distally since the countries gained thele independence fn Brian, ie varies grelyffom county 12 County inthe Commonvveatth Caribbean, GED 1s sore: covetries, he influonce of Freneh o- Romtan-Dutch Law may be soon alongside Fash Corson Law Ie reins vestiges of the laws of the indigenous peoples, Afican carlaved people and the Asian indentured immigrants, © GO ON TO THE NEXT PAGE 49 4 The golden sule in statuary interpretation — 12 arises shore the (A} courts wish 10 change the stawte (B) courts wish to provide elarty to the iC) parliament wishes to detine the words ofthe statute SD oicinary meaning of the words in a stetute gives rise co an absurd result The rules of statutory interpretation are intended t9 (A) sid the couns in interpreting cass law 1B) assist the legislature in che making of laws. assist the court legislation (D) distinguish between binding and porstisive precedents ‘The mischief rufein statutory interpretation arises when the eourts wishes to (AY change the stauste (B) provide clarity to the statue (C) ascertain the ordinary meaning of the words in statue determine the defects parhament was trying to correct O2131010°CAPE 2013, 112 interpreting 13, In March, Green Thumbs Lid. owned bs Mrs Peterkin. entered into aa agreement ‘sith PS Lid owned by her former husband. Mr Peterkein, PS Ltd ts co supply lush frtilizer 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 Led has notsupplied the fertilizer to Green Thumbs Ltd, However, PS Lid is refusing co repay Green Thums Lid its down payment, Green Thumbs ean sock redress in the (A) High Court 1B) Family Coure (©) Industriat Court @©® “2sisr21e's Coun Miss Roache. © prosecutor. is aware that a co-aceused, P, who is evoperating with the prosecution, bas a document which is very damaging 10 the vo-accused. 0. Bath aecused are involved in extradition proceedings atthe request ofa forsign sate Miss Roache has a duty te share the information with the 1. defence counsel Tl. Director of Publie Prosecutions and the Judge MI, representatives of the foreign government 4A) only (By) only (Ch. Monly [Mond 1 GO ON To THE NEX PAGEof Whict of the following are teat delegated legislation? 1. Flexibility in the vourt system i. Special knowledge from expects UL, Greaterauionomy ta sdministrative units w (B) Vand IL only Vand I only Hand Jt only (D) i.land tit Janet owes her cousin, Justin, six months rent for the apartment she rents from kim. Justinwants to ecover the outstanding rent fand comes 10 you for legal advice. He is not 190 keen on taking Janet to court but cconsidors itamong his options His BEST option would be “ B) evietion litigation ‘mediation arbitration 164. Which of the following is NOT a feature of Caribbean constitutions? (A) Certain constitutional provisions ace enteeached. Inherent supervisory functions are possessed by the High Court Dverall inferior tribunal. © (Figinal jurisdiction is gives to the Supreme Court in all constitutional matters. Selaties and conditions of servic: ‘of judues are safeguarded by the ‘constitution @ © (2131010/CAPE 2013 113, 6 1 Which of the following are requirements ‘or the operation of the rule of law in any Commonwealth Caribbean state? A constitution having @ Bilt of Rights WA constitution providing for strict penalties for crimiral offenders TILA constitution safegearded by an independent judiciary (A) Tend only {and Il only Mand It only (D)L.Mand ttt Appointment of judges should be with security of tenure until the statutory aye of retirement, Judges’ security of tenure until the statutory age of setizement is important for @® _ teindopondeace ofthe judiciary NB) theseparation of powers doctrine {©} effective functioning of the exscutve (©) effeciveopsrationofth= legislature Which of the following prerogative ordscs js used to compel the performance of public duty by 2 public authority? (A) Certiavari Mendanns Prohibition (D) Habeas corpus GO ON TO THE NEXT PAGE,20, The stitement “no man i above the aw” 24. The Prime Minister of Xanadu was changed isattuableto fort evasion. fe ale ardsenterted ‘oth month a prsow, Tits wes posable (A) he UN Chaser bese of he principe of (B) the Bill ot ighs the Declaration of Deh a ani : ee saa ine @ ve olive Cention” Te senses iments { (D) parliamentary sovereig t 21, Whichbranch of law deals with the powers 25. Bu | ond dut . @ prisoner on death row for over 5 of government? ten years. has been awaiting the hearing Of his appeal and is now quite frustrated. (Ay Public He seeks your advice on whatis meat by 1 1B) Private inhurnane and degrading treatment” i 1c) Procedural of which he claims to be a vietim. Constitutional Which ofthe allowing came tn be ced saison fe amet BB. Rind ys perme for the protection of the right to (A) Binds vB oh ems @® ister rat tos vi (B) tapoly el (Or Calls veg ann (D) presumption of innocence 26, Brenda is staging » peaceful picketing ‘exercise with some members of her party 23. Im ALL Commonwealth Caribbean ouside the office of the resent Somme jreiotion, the Head of Stat isthe policemen approach them. take any ~ their pickets and tl then hey ough not 1 Queen to say those negative thingy about the | I, President government. The policemen also tell them. 1k. Governor General that they should diapers andr etur, : @ x Which of Brondo'sfandamentl rights are (EY only being infinged? (Cy Lord () Tort 1 Right to boy U1, reedom of assembly UL Freedom of expression (A) and Ilonly (B) Land Ji only Mand if only DY J. Mand Jl only GO ONTO THE NEXT PAGE ors1010;C APE 2013, 1142, 29 <6. Hiems 27-28 refer to the follows inforration, Mr Acorn has beon acting in the post of Chief Police Supervisor for ton years and applies for appointment te the post. The Personnel Officer appoines Mr Squirrel, a recent graduate and who got lower scare ‘on his interview than Mr Acorn, but is ¢ ‘good friend of the Personne! Oiiser. 6p whieh of the following grounds may ‘Me Acorn seek redress for judicial review? Bias @ Improper purpose (©) Abuse of discretion (D) Breach of fundamental rights Which ofthe following remedies would be availble lo Mr Acorn? Injunction (8) Pestitaton SE) Habeas corms LAD) Specific performance aes Members ofthe community are upset when Goveoment introduces the payment of a toll travel on the main road which leads direelly to the airport. Mary and her sister, Sonis, seek your advice on how they may obtain redress, ‘You should advise them that they JB 20901 sue, as they have no fois stand! can sead petition tothe Ministry of Transportation (© cansucon behalf of thomselvesand the meinbers of theireommunily ceangot suo, sinee as @ member of the community, they have loos standi @) © 02131010/CAPE 2013 15 30 32, 33 lem 30 refers to the following quotation, “This cour docs not and cannot inure nia the merits af the minister's decision ‘This court can only examine the legality of the process adopted to reach adecision (1985) per Sir Alastair Binir-Kert P “The quotation deseribes the coctrine of (A) appeal (8) iRegality {Cp toes sian judicial review “The “but for cule’ is MOST closely related to the question of (Bh ens rea o 1D) recklessness sets reus For which of thy offences below does rocklossness gullies as mens rea? (A) Murdor = 8) Grievous bodily haan Voluntary manslaughter ED |v ots8100/manstngher or For which ofthe following eimes is malice forethought an essential ingredient? fA} Rape Murder (©) Robbery (PD) Wounding. GOON TO THE NEXT PAGE34, In erimanal tow. there 4s stron authority for the praposttion that legal 38, (AN there sno duty to ree in sell defence (8) seeidenal death of vi be comideed by 0 cour (C)—anaceused must ak bis vietim as We ids, no macs no lve om orton to prove 39 ‘Hal the accused i guity beyond reasonable doubt offences. which of the Following is NOT correct? (A) ‘The offense is created by strut, Liability is set bat not absolute Theres a presunipion of mus There Fe presunption of me 40. 36. Adefence against a charge of murder may ‘ne successfully argued on the grounds of” JA) necessity self-defence (Cy provacation (D) diminished responstbitiy 37. Which ef the fotfowing may NOT result i ‘eriminal liabiity? 4 Steps tien to commit the crime ‘Astate of mind to commit the erin. Commission of the evirecwheter intended or not (D1 Coincidence of the accused's state ‘of mind and commission of the rime 02131010.CAPE 2003 116 Which of the following is a “spe defence” X S 4Q)\\ Provosition Mary stabbed Jahn after being submitted to many years of physical and emotional aabose hy him. Jobn was rushed 1o hospital and subsequently died, Mary may be liable for PB issces (B) grievous bodily tarm (C}—Solunary mansiaughtr {D) involuntary mansioushter ‘Sandra points gun at her long-time enemy, Amanda. The gun isnot load mica is LIKELY to be able to claim seli-defence ound guilty of an assault held able for attempted murder goiD) found guilty oan offence since the gun was not loaded Shamar, Allison’s friend, enters Allison's house for dinner. Afler dinner. he removes, his clothing and menaneingly tells her. ‘You know what | want.” Allison is afraid forge ie and removes ber clathing. The (ovo engage in sewual insereouse, Shamaris @® wily ote TE) guilty oF esau (C) not uilty oF rape sine no force was used (D) not guilty of rape since Allison invited him aver GO ON TO THE NEXT PAGE48 Be Aen tesohes to ill Peter He injovts an 48 orang potssum yanide and ides fomPeie wih te incon of gh sngitto Hmintie cvening, Peter findsthe ong trond ni moming a nd dies Alex isguily of @ v8 (B) negligence (C) voluntary manslaughter {D) voluntary mensaughter In which ofthe folowing sitions could 45, the parson be lable fo ‘onissen 0 227 , eNaCTaN eoEmeerEeP ailing grandmother whom be bas brought hishomeand she dies 1k Melisa does noted ber newborn baby an ihe baby die TH, Margaret fils to pay her taxes ‘wed fo the goxernment (a) Tonly (Mendy {C) and I only @ “est END oF Test iF YOUFINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIST (213 1010/CAPE 2013 417 Mary stabbed John when he made a remark she did not appreciate. John was rushed to hospital but he refused a blood wanstusion and later died Which of the following is NOT @ general defence available to Mary? Insanity MB) Intoxication (C) Provocation (D) Selfdefence Maray fires two shots a¢ Phi. which miss him and byeak a glass window. Mary is ble forthe eamage othe lass 1B) able under the principle of ansfered malice (© ible forthe damage wo the lass since he intended G@ weilnbic because he did not have the mons rea forthe outcome