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74 views7 pagesCape Law Unit 1 P1 Cayman Islands
Uploaded by
Bobby FrancisCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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/ 7
CAPE LAW UI PAPER 2 | SAMPLE MUL
‘Sample Multiple Choice Paper
3.
Which of the following statements
BEST describes the practice of law in the
Commonwealth Caribbean today?
(A)__Itvaries from country to country
(B)__ In sone countries, the influence of
French, Roman-Duteh Law ancl
English Common Law exists.
(© Whay changed drastically since
the countries gained their
independence,
(BD) Vestiges of the laws of the
indigenous peoples and African
enslaved peoples remain,
The decisions in Shaw v. DPP [1962]
and X v. Knuller Lid {1962] both upheld
convictions for
(A) _ indecent exposure
{B) obscene publication
(C) conspiracy to corrupt public morals
{D) conspiracy to commit gross
indecency
Which of the following actions isa way of
avoiding a bad precedent?
(A) Dismissing the case
(B) Reversing the decision
(©) Overtuling the decision
(D) Distinguishing the case «
‘The rule of statutory interpretation which
seeks to give words their natural or plain
meaning can be described as
(A) Titerat
(B) golden
(C) mischief
(D) purposive
HPL CHOICE QUESTIONS "
In which of the following classifications
‘of Inw is an employer liable for the torts
committed by his employee during the
course of his employment?
(A) Public
(B) Private
(C) Procedural
(D) Substantive
In which of the following courts can
someone whose constitutional rights have
been breached bring an action for judicial
review?
(A) High Court
(B) Court of Appeal
(©) Magistrates’ Court
{D) Caribbean Coun of Justice
Which of the following considerations has
been held to render a sentence of death
unconstitutional?
(A) The cruel nature of the death
penalty
(B) The mandatory nature of the death
penalty
(C) The delay between sentence and
execution
(D) The failure to permit an appeal to
a human rights body
The phrase “no man is above the law’ is
associated with the
(A) ule of law
(8) ultra vires doctrine
(C) separation of powers
*(D) supremacy of the constitution ny hin thre mietees fron
{Nil be fined a sum not exceeding $3000,
9 This van example of the legal theory of
(AY norms
(8) obligations
(©) tural lave
(D) positive law
10. Which of the following are features of
delegated legislation?
1. Special knowledge from experts
1. Flexibility in the court system 3
MIL Greaterautonomy to administrative
(A) Land tt only.
(8) Land i only
(©) Mand Wooly
) .Wanditt
M1, Zinga, # vietim of domestic vivlence for
years, has been charged for killing her
abusive husband by putting poison in his
food. The nature of Zinga’s case is
A) evil 4
(®) criminal 1
(©) procedural .
(D) substantive
MULTIPLE CHOICE QUESTIONS, iB
CAPE LAW UI PAPER 2 | SAMPI
he
tho
tailed ener me with Rh
ther of 1 oe
iPahe pid
defendant. He
1. arested by the police
I. discharged frome jury
IL criminally charged for pry
the course of justice ertiering
(A) Vand tt only
(B) Sand II only
(©) Wand tH only
(D) Mand tir
“The judge in sentencing the defendant said
{0 him, “Be careful of your associates”
‘There was no evidence, however. thatthe
defendant’ association with these persons
affected the judgement in the case.
‘The judge's statement could be described
(A) tra vires
(B) stare decisis
(©) obuer dictum
(B) ratio decidendi
larceny of property belonging to Ziggy.
Rob overhears Ziggy and Sups discussing
the case in the hallway. Rob dismisses Sups
and informs hit that he will sue him. Sups
replies, “Go ahead, the case will «ny be
thyown out of coun”
‘What action can Rob take against Sups?
(A) Sue him for negligence.
(B) Sue him for breach of duty.
(C) Recommend that he be dist
(D) Report him to the diseiplinary
‘committee. CAPELAW UI PAPER 2 | SAMPL
1s.
16.
Judges” security of tenure until th
When the names of jurors ace called for
them to be empanelled, Me Sharp. the
lanomey, notices that among them are
1. Mrs Hesden, @ well-known talk
show host who isa sister of the
Chief Justice
I. Mrs Parson, a dressmaker and
‘community worker
I, Mr Brown, a Justice of the Peace
and also a retired police officer
Iv, MrCynus, a convicted fe'on who
served a five-year sentence
Mr Sharp, the attorney for the accused,
CANNOT sucessfully challenge the
inclusion of |
(A) Mrs Hesden
(B) Mrs Parson
(©) MrBrown
(BD) MeCynus
as ofthe constitution
alicred by
‘The important provisi
are protected from being casi
the use of
(A) referenda
(8) entrenchment
(C) judicial review
(D) parliamentary legis
ssatutory
age of retirement is important for
(A) the separation of powers doctrine
(8) effective operation of th
legislature
(©) the independence of the judiciary
(D) effective functioning of the
executive
CHOICE QUESTIONS 13
18,
2
2.
Which of the following persons is the
MOST famous proponent of the rule of
law?
(A) Dicey
(B)— Findjoe
(Cy Acistotte
(D)— Halsbury
Which of the following cases BEST
supports the doctrine of constitutional
supremacy over parliamentary supremacy?
(A) Hinds v. R (1977)
(8) Maharaj v. AG [1978]
(©) Collymore v. AG [1970]
(D) Prat and Morgan v. AG [1993]
‘The minister ofedveation decides to uphold
the expulsion of a student by the principal.
‘The student may challenge this decision by
way of
(A) the ultra vires doctrine
(B)__anaction in negligence
(©) acrirminal law application
(D) a judicial review application
‘The organs of state function BEST when
there is ,
(A) natural justice
(B) + aBill of Rights
(©) security of tenure
(D) separation of powers
‘An independent judiciary is indispensable
for the protection of the right t0
(A) legal redress,
(@) a fair hearing
(C)—_aspeedy trial
© ‘of innocence 25,
(A) Contorari
(Prohibition
(©) Mandamus
o
Brenda is staging a peacetil picketing
‘exercise with some members of her patty
‘outside the office of the president, Some
policemen approach them, take away
their placards and tell thew they ought
not to say those negative things about the
‘vovemment. The policemen aso tll them
that they should disperse and not return,
Which of Brenda's fundamental
being infringed?
1. Freedom of expression
I, Frocdom of assembly.
1, Rightto liberty
(A) Lond it only
() Land only
(©) Mand it only
(D) Land tt
Busta, a prisoner on death row for over
ten years, has been awaiting the heating of
his appeal and is now quite frustrated. He
seeks advice on what is meant by “cruel,
inhumane and degrading trostment’, of
“which he claims to bea v
Which ofthe following eases can assist in
advising him?
(A) Hirats». R977)
(8) Thomas v. AG 1981)
(©) Collymore v. AG 11970)
(D) —Prartand Morgan v. AG {1993}
CHOICE QUESTIONS 4
26
,
28,
In a cecent ense. the Ditector of Public
Prosecutions (DP) ruled that » certain
public officer should not be procecuted se
there was insuficientevidence. Members
(of the public are angry at the decison and
fre elamouring for the DPP*s removal, A
DUP may be removed from office
(A) on the instructions of the Chie
Justice
(B) with a revocation of appointment
by the Minister of Justice
(©) temporarily, while a hearing
into alleged misbehaviour isin
process
(D) because of
the Fun
account of misbehaviour
‘The prime minister calls Mr Justice to
discuss a case before him relating to
8 contract 10 N Ltd rather thas M Ltd. The
action by the prime minister isan offence
‘against
(A) Thomas v.4G [1981]
(8) therule of taw
(C) separation of powers
(D) the Monroe Doctrine
The Allocation of Funds for Road Act
provides that the minister may use funds
from the Toll Road Fund to build roads.
‘Theministeruses that money to build anew
community eentre, Harold, a community
worker, seeks to challenge that decision by
jtuicial review.
Which ofthe following groundscanhe use?
(A) Bad faith
(B) Improper purposes
(C) Improper delegation
(D) Irrelevant consideration |
cape LAW UI PAP!
31
“The rules made by the local plumbing
council prohibitsaphimber from acer
hisservices tothe public. The funéamental
tight implicated by this rule is Freedom of
(A) Penson
(w) _assembly
{© _ movement
(0) expression
ena wishes to sue Foran infingement of
her fundamental rights. The courtin which
her law initiates the action isthe
(A) High Court
{B) Appeal Court
(©) Magistrates’ Court
(D) Caribbean Court of Justice
‘The ‘but for rule’ is MOST closely related
tothe question of
(A) causation
(B)—mensrea
(©) actus reus
(D) recklessness
offences isthe
fact of agreement an essential element?
(A) Attempt
(B) —Inchoate
(C) — Incitement
(©) Conspiracy
CHOICE QUESTIONS 15
ee
3B.
MM.
36.
Where Pills withthe requisite intention
but itis found upon trial that he was
provoked, Pis guilty of
(N) murder
(8) grievous bodily harm
(C) voluntary manslaughter
{D) involuntary manslaughter
Abnormality of mind for the defence of
