TEST CODE 02131010

FORM TP 2006241 MAY/JUNE 2006

CARIBBEAN EXAMINATIONS COUNCIL

ADVANCED PROFICIENCY EXAMINATION

LAW
UNIT 1 - PAPER 01
1 hour 45 minutes

( 02 JUNE 2006 (p.m.))

INSTRUCTIONS TO CANDIDATES

1. This paper consists of NINE questions in THREE sections.

2. There are THREE questions from each Module. Answer ALL questions.

3. Each question is worth 10 marks.

Copyright © 2004 Caribbean Examinations Council®.

All rights reserved.
021 3101 0/CAPE 2006
 - 2-

SECTION A

MODULE 1: CARIBBEAN LEGAL SYSTEMS

Answer ALL questions in this section.

1. (a) Distinguish between 'positive law' and 'natural law'. [ 6 marks]

(b) Give TWO examples of how natural law affects the system of law which operates in a
Commonwealth Caribbean country of your choice. [ 4 marks]

Total tO marks

2. (a) Citing relevant examples, explain what is meant by the term 'sources of law ' .
[ 6 marks]

(b) Explain how equity functions as a source of law. [ 4 marks]

Total tO marks

3. (a) Distinguish between precedents which are 'binding' and precedents which are 'highly
persuasive' . [ 6 marks]

(b) Describe the circumstances under which a court will 'distinguish' a precedent.
[ 4 marks]

Total tO marks

GO ON TO THE NEXT PAGE

0213 101 0/CAPE 2006
 - 3-

SECTIONB

MODULE 2: PRINCIPLES OF PUBLIC LAW

Answer ALL questions in this section.

4. (a) Explain what is meant by an 'entrenched provision' in the Constitution.

[ 5 marks]

(b) Identify ONE entrenched provision in the Constitution of a named Commonwealth

Caribbean country and explain the procedures by which that provision may be amended.
[ 5 marks]

Total tO marks

5. (a) Define the term ' locus standi'. [ 2 marks]

(b) Effie is concerned when the government amends the Terrorism Act empowering the
police to conduct DNA tests on all persons detained on suspicion of offences under the
Act, without an order of the court.

Explain whether Effie could successfully bring an action against the government.
[ 8 marks]

TotallO marks

6. (a) Using illustrations, distinguish between substantive ultra vires and procedural ultra
vires. [ 6 marks]

(b) The Mayor of Wonderland, a town in a Commonwealth Caribbean country, wishes to

build a community centre for the benefit of the community. The town's regulations,
under the statute establishing it, provide that the Mayor must obtain a majority of the
votes of all citizens of voting age before any public buildings are constructed. The
Mayor goes ahead with plans for constructing the community centre, without
obtaining the votes of the citizens.

Explain whether the citizens can successfully challenge the Mayor' s action.
[ 4 marks]

TotallO marks

GO ON TO THE NEXT PAGE

0213101 0/CAPE 2006
 -4-

SECTION C

MODULE 3: CRIMINAL LAW

Answer ALL questions in this section.

7. (a) Explain ONE of the following terms:

EITHER

(i) Larceny by intimidation

OR

(ii) "Appropriates property belonging to another" [ 2 marks]

(b) Clement agrees with Lydia to mow her lawn for $2 000.00. At the end of the day
Clement demands $4 000.00, saying that the job was more difficult than he expected.
Lydia objects and Clement threatens to poison her dog. Lydia then throws down
$4 000.00 on her garden table. Clement takes up the money, puts it in his pocket and
walks away. Lydia reports the incident to the police who arrest Clement.

(i) Explain whether a charge of larceny by intimidation against Clement is likely

to succeed. [ 4 marks]

(ii) Explain whether, in pocketing the additional sum of $2 000.00, C lement can be
found guilty of appropriation. [ 4 marks]

Total 10 marks

8. (a) Expl ain what is meant by the term 'i nchoate offence' . 2 marks]

(b) Explain the actus reus of EITHER ' incitement' OR 'attempt' . 8 marks]

Total 10 marks

9. Xavier, a quiet boy, is set upon and beaten by a group of schoolmates who accuse him of
stealing another boy 's money. The next day Xavier returns to school and, seeing the same
boys at the gate, he pulls a gun from his bag and shoots and kills one of them.

(a) Identify ONE defence available to Xavier. C ite ONE decided case that may be relevant
to Xavier's defence. [ 2 marks]

(b) Assess the merits of the defence that you identified as applicable to Xavier's case.
[ 8 marks]

Total 10 marks
END OF TEST

0213 101 0/CAPE 2006