a, Which of the following statements is applicable to ‘positive law"? (A) Itis shaped by a supreme divine ® (©) temustbe obeyed even ifanjustor repressive. . (D) It is associated with the ancient Roman philosopher, Cicero. Philosophers who argue that there is an ‘absolute standard against which all lawcan be measured are BEST described as (A) realists 8) Marxisis (©) positivsts (D) naturalists ‘Which ofthe following classifications oflaw prescribes that an employer is lable forthe tarls committed by his employee daring the course of his employment? (A) Public (8) Private (©) Procedural (D) —Sudstartive ‘The rule of statutory interpretation which ‘secks to avoid an unjust or absurd result ray be described as (A) golden (8) literary (©) puposive (D) mischievous 02131 010/CAPE 2013, ‘West Indian law and legal sysiemsevolved from rc) Code (®) colonialism (©) judicial precedent (D) 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 tnaware of relevant policy considerations, form part of the (A) obiter dictum (8) perincariam © ratio decidendi (D) binding precedent Which of the following is NOT a feature of the High Court or the Supreme Court? (A) Trial funetion (B) Appellte jurisdiction (C)__ Investigative function (©) Tudges adjudicating on matters before the Court Which of the following statements [BEST describes the practice of law in the ‘Commonwealth Caribbean today? (A) Ihas changed drastically since the countrics gained their independence from Brian. (B) Tt varies greatly from country to countey in the Commonwealth Caribbean, (©) Insome countries, the influence ‘of Frenchor Roman-Dutch Law may be seen alongside English Common Law, (D) —Ueretains vestiges of the laws of the indigenous peoples, African enslaved people and the Asian indentured immigrants, GO ONTO THE NEXT PAGE9. The golden rule in statutory interpretation 12. In March, Green Thumbs Ltd, owned by arises where the Mrs Peterkein, entered into an agrecmeat with PS Ltd owned by her former husband, (A) courts wish to change the statute Mr Peterkein. PS Ltd is to supply lush (B) courts wish to provide clarity to the fertilizer for her vegetable farm by August statute ata cost of $10,000 on which a down (©) _ parliament wishes to define the payment of $5,000 was made. It is words of the statute Decemberand PS Ltd has not supplied the (©) omdinary meaning of the words in fertilizer to Green Thumbs Ltd. However, a statute gives rise to an absurd PS Lids refusing to repay Green Thumbs result Lid its down payment. ‘Green Thumbs can sock redress in the 10, The rules of statutory interpretation are intended t0 (A) High Court {B) Family Court (A) aid the cours in interpreting case (©) Industrial Coun law (D) Magistrate's Court B) _assistthe legislature inthe making of ws (C) assist the courts in interpreting 13. Miss Roache, a prosecutor, is aware that legislation a conaccused, , who is cooperating with () distinguish betwesn binding and the prosecution, has a doeument which persuasive precedenss is very damaging to the co-accuscd, Q, Both accused are involved in extradition proceedings atthe request ofa foreign sta, Il, The mischief ule in statutory interpretation arises when the courts wishes to Miss Rosche has a duty to share the information with the (A) change the starute (B) provide clarity to the statute I defence counsel (C) ascertain the ordinary meaning of TL. Director of Public Prosecutions and the words in a slatute the Judge: (©) determine the defects pariament TI. representatives of the foreign was trying to correct government (A) Tonly (B) — Monly (C) Honly (@) Land Ut GO ON TO THE NEXT PAGE 02131010/CAPE 2013,15. 16. Which of the following are features of delegated legislation? 1, Flexibility in the court system Il. Special knowledge from experts Ill. Greater autonomy toadministrative units (A) Land tt only (B) Land ifonly (C) Mand itl only (@) 1, Wand tt Janet owes her cousin, Justin, six months sent for the apartment she rents fom him. Justin wants to recover the outstanding rent and comes to you for legal advice. He is snot too keen on taking Janet to court but ‘considers it among his options. His BEST option would be. 4A) _ eviction (B) litigation (©) mediation (D) arbitration Which of the following is NOT a feature of Caribbean constitutions? (A) Certain constitutional provisions are entrenched, {B) Inherent supervisory flnetions are possessed by the High Court over all inferior tribunals, (C) 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. 02131010/CAPE 2013 17. 18. Which of the following are requirements for the operation of the rule of law in any Commonwealth Caribbean state? 1. A constitution having a Bill of Rights Tl. Aconstitution providing for strict penalties for criminal offenders II. A constitution safeguarded by an independent judiciary (A) Tand Il only (B) Land I only (©) Mand tt only ©) 1, Mand mt Appointment of judges should be with security of tenure until the statutory age of retirement. Judges’ security of tenure until he statutory age of retirement is important for (A) the independence of the judiciary (B) 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) Certiorari (B) Mandamus {C) Prohibition (D) Habeas corpus GO ON TO THE NEXT PAGE20. The statement “no man is above the sw” is atiributable to (A) the UN Charter {B) the Bill of Rights (©) the Declaration of Delhi (D) Dicey's ‘the Law and the ‘Constitution’ 21. Which branch of law deals with the powers ‘of goverment? (A) Public Private (© Procedural ) Constitutional 22, An independent judiciary is indispensable for the protection of the right to (A) a fair hearing (8) aspeedy tral (©) legal redress (D) presumption of innocence 23. Th ALL Commonwealth Caribbean Jurisdictions, the Head of Stete isthe 1. Queen TI. President IIL Governor General (a) Tonly (8) Tonly © tort D) or tt 02131010/CAPE 2013, 26. ister of Xamada was charged for tax evasion, found guilty and sentenced to six monthsin prison. This was possible because ofthe principle of (A) equity (8) nile of law (©) constitutional supremacy (D) parliamentary sovereignty Busta, a prisoner 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 mean by “eruel, inhumane and degrading treatment” of which he claims to be a vietim. Which of the following cases can be cited as an explanation of the principle? (A) HindsvR (2) Thoms VA-G (©) Prattand Morgan vA-G () Collymore v AG Brenda is staging a peaceful picketing exercise with some members of her party outside the office of the President. Some policemen opproach them, take away ‘their pickets and tell them hey ought not to say those negative things about the ‘government. The policemen also ell them that they should disperse and not retum. Which of Brenda's fundamental rights are being infringed? 1. Right to liberty I. Freedom of assembly TIL, Freedom of expression (A) land Tl only (B) ond it only (©) Wand Itt only (D) 1, Mend iH only GO ON TO THE NEXT PAGE38. 36. 37. sie In criminal law, there is strong legal authority for the propesition that (A) there is no duty to retreat in self- defence (B) accidental death of a victim may be considered by a court (©) anaceused must take his victimas he finds him, no mote no less (D) the onus is on the Crown to prove thal the accused is guilty beyond reasonable doubt In strict Hinbility offences, which of the following is NOT comrect? (A) The offence is created by statute, (B) Liability is strict but not absolue, (C)_Thereisapresumption of mens rea (D) There is no presumption of mens ‘A defence against a charge of murder may be successfully argued on the grounds of (A) necessity (B) self-defence (C) —_ proveeation (D) diminished responsibility Which of the following may NOT result in ‘criminal liability? (A) Steps taken to commit the crime (B) _Aslateof mind to commit the crime (C) Commission of the crime, whether intended ornot (D) Coincidence of the accused’s state ‘of mind and commission of the crime 02131010/CAPE 2013, 38, 40. 4 Which of the following is a ‘special defence"? (4) Insanity (8) Intoxication (© Self-defence (D) Provocation Mary stabbed John afler 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) murder (8) grievous bedily harm (©) voluntary manslaughter (D) involuntary manstanghter Sendra points a gunather long-time enemy, ‘Amanda, The gun is not loaded, Sandra is LIKELY to be (A) able to claim self-defence (B) found guilty of an assault (©) held liable for attempted murder (D) found guilty ofan offence since the gun was not loaded Shama, Allison's fiend, enters Allison's house for dinner. After dinner, he removes his clothing and menancingly tells her, "You know what I want.” Allison i alraid ferbcr life and removes her clothing. The two engage in sexual intercourse, ‘Shamar is, guilty of rape {B) guilty of assault (©) not guilty of rape since no force was used (D) not guilty of rape since Allison invited him over GO ON TO THE NEXT PAGE.42. Alex resolves to kill Peter. He injects an 44. ‘range with potassium cyanide and hides it from Peter with the intention of giving itto him in the evening. Peter finds the orange around mid-moming, eats it and dies. Alexis guilly of (A) murder (B) negligence (©) voluntary manslaughter (D) involuntary manslaughter Inwhich of the following situations could 45. the person be liable for ‘omission to act"? 1. John fails 10 take care of his ailing grandmother whom he has ‘brought to his home ard she dies, IL, Melissadoesnot feed her nevbom ‘aby and the baby dies. IM, Margaret fails to pay her taxes ‘owed to the government, (A) Lenly (®) Wonly ©) Tad only (D) i Wane i ENDOF TEST ‘Mary stabbed John whenbe made aremark she did not appreciate. John was rushed 10 hospital but he refused ablood transfusion ‘and later died, ‘Which of the following is NOT a general defence available to Mary? (A) Insanity (B) Intoxication (©) Provocation @) Self-defence Maray fires two shots at Phil which mise him and break « glass window. Maray is (A) liable for the damage to the glass (B) liable under the principle of ‘transferred malice (© liable for the damage to the glass since he intended it (D) not lisble because he did not have the mene rea for the outcome IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THUS TEST. (02131010/CAPE 2013