LONDON COLLEGE OF LEGAL STUDIES (SOUTH)

Mock Examination 2021

University of London International Programmes
LSM
Duration: 5 Hours (12pm – 5pm)
Date: 8th May 2021

Part A (You must answer all of these COMPULSORY questions)

1. Define: (a) Inquest; (b) Judicial Review; (c) Citation number

2. Summarise the back ground facts of the case.

3. Summarise the grounds of the instant judicial review.

4. Summarise Lord Dyson’s theory of assumption of responsibility.

5. Summarise the judgment of the case.

6. Write down the Ratio decidendi of the case.

7. Summarise the cause of death of Ms. J Maguire.

8. Summarise the procedural history of the case.

Part B (You must answer TWO questions in this section)

1. ‘Whilst LASPO has met some of its objectives, reviewing the impact of these
changes has enabled the identification of a number of challenges that must be
overcome.’

Describe the operation of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (LASPO) and discuss the effects of LASPO on the civil justice system.

2. ‘The Constitutional Reform Act 2005 did more than simply reform the office of
Lord Chancellor. It made reference to two of the fundamental principles of our
constitution, the rule of law and the independence of the judiciary.’

Explain what is meant by judicial independence and discuss the impact of the
Constitutional Reform Act 2005 on judicial independence.

3. ‘The public trust a jury to come to the right decision and think that juries
produce better justice.’

Explain how juries are used in the criminal justice system and assess the fairness of
trial by jury.

4. ‘It is entirely right that the rule laid down in the Bristol Aeroplane case should
continue to bind the Court of Appeal.’
Explain the rule in Young v Bristol Aeroplane (1944) as it relates to binding
precedent and discuss whether it goes far enough in reforming the doctrine of
binding precedent.

5. ‘Courts should simply apply the ordinary English meaning of words when
interpreting statutes. A judge’s job is to apply the law and not to make it.’
Explain why, from time to time, the courts have taken different approaches to
statutory interpretation and discuss whether judges can simply apply the law.

6. ‘Prosecution is a matter of discretion and rightly so, public funds are limited and
should not be wasted on futile cases.’
Explain what factors the Crown Prosecution Service takes into account before
deciding to prosecute an alleged offence and discuss the difficulties surrounding
this in assisted suicide cases.
PART C (You must answer all of these COMPULSORY questions)

7. Enid lives in Birmingham, England. In 2019 her mother gave her a vase made of
marble and ivory. The vase was made in the 1870s and the base and top rim of the
vase are made of triangles of ivory and marble fused together with silver. The
ivory is from Sri Lankan elephant tusk. The base of the vase was badly damaged in
1971 and it was restored using ivory from an Indian elephant. The ivory amounts
to 8% of the total volume of the vase. Enid successfully registered the vase in July
2019 and received written confirmation of the registration. Last month Enid sold
the vase to the Birmingham Museum of Vases for £10,000.

(a) Is the vase “ivory” within the meaning of the Act?

(b) Did Enid deal in ivory when she received the vase as a gift?

(c) Could the vase be exempt from the prohibition on dealing in ivory?

(d) Did the Birmingham Museum of Vases breach the prohibition on dealing in
ivory when it bought the vase, and if so, is there any exemption it can rely on?

THE END