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TE.ST CODE 02131010

FORM TP 2013214 MAY/JUNE 2013
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

Sample Answer
(A) reason for deciding
(B) let the decision stand
(C) through a lack of care
(D) offhand comments by a judge

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.
-iiiiii

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

Copyright © 2009 Caribbean Examinations Council

- All rights reserved.

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1. Which of the following statements is 5. West Indian law and legal systems evolved
applicable to 'positive law'? from

(A) It is shaped by a supreme divine (A) Civil Code

being . (B) colonialism
(B) It provides a rational foundation for (C) judicial precedent
moral behaviour. (D) morality and religion
(C) It must be obeyed even if unjust or
repressive._
(D) It is associated with the ancient 6. Statements of law made where a case is not
Roman philosopher, Cicero. fully argued or where the court seemed to
have misunderstood the law or was unaware
of relevant policy considerations, form part
2. Philosophers who argue that there is an of the
absolute standard against which all law can
be measured are BEST described as (A) obiter dictum
(B) per incuriam
(A) realists (C) ratio decidendi
(B) Marxists (D) binding precedent
(C) positivists
(D) naturalists
7. Which of the following is NOT a feature of
the High Court or the Supreme Court?
3. Which of the following classifications oflaw
prescribes that an employer is liable for the (A) Trial function
torts committed by his employee during the (B) Appellate jurisdiction
course ofhis employment? (C) Investigative function
(D) Judges adjudicating on matters
(A) Public before the Court
(B) Private
(C) Procedural
(D) Substantive 8. Which of the following statements BEST
describes the practice of law in the
Commonwealth Caribbean today?
4. The rule of statutory interpretation which
seeks to avoid an unjust or absurd result (A) It has changed drastically since the
may be described as countries gained their
(A) golden independence from Britian.
(B) It varies greatly from country to
(B) literary country in the Commonwealth
(C) purposive Caribbean.
(D) mischievous (C) 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. The golden rule in statutory interpretation 12. In March, Green Thumbs Ltd, owned by Mrs
arises where the Peterkein, entered into an agreement with PS
Ltd owned by her former husband, Mr
(A) courts wish to change the statute Peterkein. PS Ltd is to supply lush fertilizer
(B) courts wish to provide clarity to the for her vegetable farm by August at a cost of
statute $10,000 on which a down payment of $5,000
(C) parliament wishes to define the was made. It is December and PS Ltd has not
words of the statute supplied the fertilizer to Green Thumbs Ltd.
(D) ordinary meaning of the words in a However, PS Ltd is refusing to repay Green
statute gives rise to an absurd Thumbs Ltd its down payment.
result

Green Thutilbs can seek redress in the

10. The rules of statutory interpretation are
intended to (A) High Court
(B) Family Court
(A) aid the courts in interpreting case (C) Industrial Court
law (D) Magistrate's Court
(B) assist the legislature in the making of
laws
(C) assist the courts in interpreting 13. Miss Roache, a prosecutor, is aware that a co-
legislation accused, P, who is cooperating with the
(D) distinguish between binding and prosecution, has a document which is very
persuasive precedents damaging to the co-accused, Q. Both accused
are involved in extradition proceedings at the
request of a foreign state.
11. The mischief rule in statutory interpretation
arises when the courts wishes to Miss Roache has a duty to share the
information with the
(A) change the statute
(B) provide clarity to the statute I. defence counsel
(C) ascertain the ordinary meaning of the II. Director ofPublic Prosecutions and
words in a statute the Judge
(D) determine the defects parliament was III. representatives of the foreign
trying to correct government

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

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14. Which of the following are features of 17. Which of the following are requirements for
delegated legislation? the operation of the rule of law in any
Commonwealth Caribbean state?
I. Flexibility in the court system
II. Special knowledge from experts I. A constitution having a Bill of
III. Greater autonomy to administrative Rights
units II. A constitution providing for strict
penalties for criminal offenders
(A) I and II only III. A constitution safeguarded by an
(B) I and III only independent judiciary
(C) II and III only
(D) I, II and III (A) I apd II only
(B) I and III only
(C) II and III only
15. Janet owes her cousin, Justin, six months rent (D) I, II and III
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 18. Appointment of judges should be with
keen on taking Janet to court but considers it security of tenure until the statutory age of
among his options. retirement.

His BEST option would be Judges' security of tenure until the statutory
age of retirement is important for
(A) eviction
(B) litigation (A) the independence of the judiciary
(C) mediation (B) the separation of powers doctrine
(D) arbitration (C) effective functioning of the
executive
(D) . effective operation ofthe legislature
16. Which of the following is NOT a feature of
Caribbean constitutions?
19. Which of the following prerogative orders is
(A) Certain constitutional provisions are used to compel the performance of a public
entrenched. duty by a public authority?
(B) Inherent supervisory functions are
possessed by the High Court over (A) Certiorari
all inferior tribunals. (B) Mandamus
(C) Original jurisdiction is given to the (C) Prohibition
Supreme Court in all (D) Habeas corpus
constitutional matters.
(D) Salaries and conditions of service
ofjudges are safeguarded by the
constitution.

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20. The statement "no man is above the law" 24. The Prime Minister ofXanadu was charged

is attributable to for tax evasion, found guilty and sentenced

to six month.s in prison. This was possible
(A) the UN Charter because of the principle of
(B) the Bill of Rights
(C) the Declaration of Delhi (A) equity
(D) Dicey's 'the Law and the (B) rule of law
Constitution' (C) constitutional supremacy
(D) parliamentary sovereignty

21. Which branch oflaw deals with the powers 25. Busta, a pr~soner on death row for over ten
and duties of government? years, has been awaiting the hearing of his
appeal and is now quite frustrated. He seeks
(A) Public your advice on what is meant by "cruel,
(B) Private inhumane and degrading treatment" of which
(C) Procedural he claims to be a victim.
(D) Constitutional
Which of the following cases can be cited as
an explanation of the principle?
22. An independent judiciary is indispensable for
the protection of the right to (A) Hinds v R
(B) Thomas vA-G
(A) a fair hearing (C) Pratt and Morgan vA-G
(B) a speedy trial (D) Collymore vA-G
(C) legal redress
(D) presumption of innocence
26. Brenda is staging a peaceful picketing
exercise with some members of her party
23. In ALL Commonwealth Caribbean outside the office of the President. Some
jurisdictions, the Head of State is the policemen approach them, take away their
pickets and tell them they ought not to say
I. Queen those negative things about the government.
II. President The policemen also tell them that they should
III. Governor General disperse and not return.

(A) I only Which of Brenda's fundamental rights are

(B) II only being infringed?
(C) I or II
(D) I or III 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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Items 27- 28 refer to the following Item 30 refers to the following quotation.
information.
"This court does not and cannot inquire into
the merits of the minister's decision ...
Mr Acorn has been acting in the post of Chief This court can only examine the legality of
Police Supervisor for ten years and applies the process adopted to reach a decision ... "
for appointment to the post. The Personnel
Officer appoints Mr Squirrel, a recent Marks v Minister of Home Affairs
graduate and who got a lower score on his (1983 ) per Sir Alastair Blair-Kerr P.
interview than Mr Acorn, but is a good friend
of the Personnel Officer. 30. The quotation describes the doctrine of
i
27. On which of the following grounds may Mr (A) appeal
Acorn seek redress for judicial review? (B) illegality
(C) locus standi
(A) Bias (D) judicial review
(B) Improper purpose
(C) Abuse of discretion
(D) Breach of fundamental rights
31. The ' but for rule' is MOST closely related to
the question of
28. Which of the following remedies would be
available to Mr Acorn? (A) causation
(B) mens rea
(A) Injunction (C) actus reus
(B) Restitution (D) recklessness
(C) Habeas corpus
(D) Specific performance
32. For which of the offences below does
recklessness suffice as mens rea?
29. Members of the community are upset when
Government introduces the payment of a toll (A) Murder
to travel on the main road which leads (B) Grievous bodily harm
directly to the airport. Mary and her sister, (C) Voluntary manslaughter
Sonia, seek your advice on how they may (D) Involuntary manslaughter
obtain redress.

You should advise them that they 33. For which ofthe following crimes is malice
aforethought an essential ingredient?
(A) cannot sue, as they have no locus
standi (A) Rape
(B) can send a petition to the Ministry of (B) Murder
Transportation (C) Robbery
(C) can sue on behalfofthemselves and (D) Wounding
the members of their community
(D) cannot sue, since as a member of the
community, they have locus standi

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34. In criminal law, there is strong legal authority 38. Which of the following is a 'special defence'?
for the proposition that

(A) there is no duty to retreat in self- (A) Insanity

defence (B) Intoxication
(B) accidental death of a victim may be (C) Self-defence
considered by a court (D) Provocation
(C) an accused must take his victim as
he finds him, no more no less
(D) the onus is on the Crown to prove 39. Mary stabbed John after being submitted to
that the accused is guilty beyond many years of physical and emotional abuse
reasonable doubt by him. John was rushed to hospital and
subsequently died.

35. In strict liability offences, which of the Mary may be liable for
following is NOT correct?
(A) murder
(A) The offence is created by statute. (B) grievous bodily harm
(B) Liability is strict but not absolute. (C) voluntary manslaughter
(C) There is a presumption of mens rea. (D) involuntary manslaughter
(D) There is no presumption of mens
rea.
40. Sandra points a gun at her long-time enemy,
Amanda. The gun is not loaded.
36. A defence against a charge of murder may be
successfully argued on the grounds of Sandra is LIKELY to be

(A) necessity (A) able to claim self-defence

(B) self-defence (B) found guilty of an assault
(C) provocation (C) held liable for attempted murder
(D) diminished responsibility (D) found guilty of an offence since the
gun was not loaded

37. Which of the following may NOT result in

criminal liability? 41. Shamar, Allison's friend, enters Allison's
house for dinner. After dinner, he removes his
(A) Steps taken to commit the crime clothing and menancingly tells her, "You
(B) A state of mind to commit the crime know what I want." Allison is afraid for her
(C) Commission of the crime, whether life and removes her clothing. The two
intended or not engage in sexual intercourse.
(D) Coincidence of the accused's state of
mind and commission of the cnme 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. Alex resolves to kill Peter. He injects an 44. Mary stabbed John when he made a remark
orange with potassium cyanide and hides it she did not appreciate. John was rushed to
from Peter with the intention of giving it to hospital bu~ he refused a blood transfusion
him in the evening. Peter finds the orange and later died.
around mid-morning, eats it and dies.
Which of the following is NOT a general
Alex is guilty of defence available to Mary?
(A) murder (A) Insanity

(B) negligence (B) Intoxication

(C) voluntary manslaughter (C) Provocation
(D) involuntary manslaughter (D) Se~f-defence
43. In which of the following situations could 45. Maray fires two shots at Phil which miss

the person be liable for 'omission to act'? him and break a glass window.
I. John fails to take care of his Maray is

ailing grandmother whom he has

brought to his home and she dies . (A) liable for the damage to the glass
II. Melissa does not feed her newborn (B) liable under the principle of
baby and the baby dies . transferred malice
III. Margaret fails to pay her taxes (C) liable for the damage to the glass
owed to the government. since he intended it
(D) not liable because he did not have
(A) I only the mens rea for the outcome
(B) II only
(C) I and II only
(D) I, II and III

ENDOFTEST

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

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