Pitanja za ispit iz predmeta Engleski 2, 2016/2017

1.What is the common purpose of the two branches of the legal profession in England and
Wales and what are their specific roles?
-Explain the meaning of the expression ‘right of audience.’
-Why is a high standard of advocacy particularly important under the adversarial system of
justice?
-Describe both stages, academic and vocational, of the education of barristers and solicitors.
-What are the main arguments for or against the fusion of the two professions?
-Define paralegals. Why does White advocate the use of paralegals?
-How does Lord Hailsham describe legal iad?
-Why is it important to increase regularly the limits for legal aid?

2. What is a contract?
-What is meant by an agreement?
-What sort of agreements will the law enforce?
-What does it mean to negotiate a contact?-What is the term used for the person who binds
himself or herself to do or refrain from doing something in the future?
-What does an expectation involve?
-How are damages assessed in contract?
-What does enforcement through the courts depend on?
-Define the concept of consideration.
-Distinguish between liability in tort and liability in contract.
-Define the concepts of offer and acceptance.
-What is the term used for the person who makes an offer?
-What is the term used for the person to whom the offer is made?
-What is a counter-offer?
-Describe the rules for different forms of communication of acceptance.
-What is a failure to perform a contractual obligation called?
-What is an order of specific performance?
-What other legal remedies for a breach of contract are available to the injured party?
-How can a contract be discharged?
3..Why is criminal law a broad and complex subject ?
-Are there any practical tests for distinguishing between criminal and civil acts?
-What are the two elements of criminal liability?
-Analyse the concept of ‘actus reus’.
-Distinguish between conduct crimes and results crimes.
-What does the actus reus of an offence include?
-Why is it necessary to establish an actus reus?
-What is the meaning of voluntariness in establishing an actus reus?
-What is the defence mechanism of automatism?
-What is the defence of duress?
-What is the meaning of causation in establishing an actus reus?
-Why is the concept of the unlawful act very complex in the area of omissioins?
-Analyse the concept of mens rea.
-Distinguish between intention and recklessness.
-What is strict liability?
.-Why must the prosecution establish the coincidence of actus reus and mens rea?

4. What are the aims of the European Convention on Human Rights?

-Why is a friendly settlement more satisfactory than a judgement by the European court?
-Discuss the lack of enforcement procedures.
-Discuss the Sunday Times case.
-What is the meaning of the concepts of sub judice and contempt of court?
-What is the function of the European Court of Justice?
-What is meaning of referral?
-In what circumstances is a national court under obligation to refer a matter to the European Court of
Justice?
-Discuss the sources and impact of European law
-Give a short account of the case of McCarthys v.Smith