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QUESTION 1

Soldo Gregg comes to see you in your office with his mother, Jenna
Gregg, and friend Alexander Georges of 22 Isles Street in San Souci and
instructs you as follows:

(i) I live at 103 Mockingbird Drive in Sans Souci.

(ii) The house in which I live I give to my son, Mark, also known
as Keith.

(iii) I am the owner of two life insurance policies with Caribbean

Life Insurance Company. The one for $30,000 I leave for my
daughter, Keisha, and the other for $20,000 for my daughter,
Krystle.

(iv) My pension benefits – if my mom is alive when I die, to be

shared equally among my three children, Mark, Keisha and Krystle
and my mom. If my mom dies before, her share goes to Krystle. I
am an engineer with the Ministry of the Environment.

(v) My car to Keith.

(vi) Anything left over to my children.

(vii) I am divorced.

(viii) My mom lives with me.

(ix) I want my friend Alexander to be my executor.

(x) I have the following accounts:

(i) One in the Colonial International Bank in the Broad Street

Branch; and
(ii) One in the First Home Bank in the San Souci branch.

(xi) I give the full amount in the Colonial International Bank to

Mark and the amount in the First Home Bank to my two daughters
in equal shares.

Draft a will to give effect to the above.

TURN OVER
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EDLS – Legal Drafting & Interpretation – May 2010 Examinations
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QUESTION 2

In January 2010, the Court of Appeal of Virgo Islands ruled that the
registration of The Caribbean General Workers Union was void and of no effect
because the registration was not gazetted. This judgment has affected all other
unions in Virgo Islands and they are all operating illegally. Since these entities
have no legal existence, they have no authority to collect dues, hold a pension
fund and trust for workers or transact any business.

The union leaders are in turmoil and have brought this matter to the
attention of the Minister of Labour. The Minister of Labour has instructed the
Attorney General to draft an Act to regularise the unions and their operations.

(a) Draft the Long Title and Short Title to this Act.

(b) Draft the substantive provision to give effect to the instructions from
the Minister.

QUESTION 3

Six months ago, at around 3:00 a.m. the police stopped a car that Arni Best
was driving and found in it a screwdriver, a flashlight and a crowbar. Arni
was arrested, charged and eventually convicted under section 9 of the
Penal Code for having in his possession instruments for housebreaking.

In determining the meaning of “instruments for housebreaking”, the court

considered certain remarks of the Minister as set out in the Hansard
Reports of 2008 and which were made by the Minister when the Code was
being debated in Parliament. The court accepted those remarks as bearing
on the meaning of “instruments for housebreaking”.

Arni wishes to appeal the conviction and has sought your advice. There is
disagreement in your firm as to whether to advise Arni to appeal. Those in
favour state that the court ought to have construed the Code literally, calling
in aid only those things found within the four corners of the Code and that
the Minister’s statement should not have been taken into consideration.

What is your opinion? Give reasons.

TURN OVER
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EDLS – Legal Drafting & Interpretation – May 2010 Examinations
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QUESTION 4

The Summary Procedure Act provides in section 10 as follows:

"10(1) A Magistrate shall at the conclusion of the hearing or
within eight weeks thereafter at a subsequent sitting
give his decision in the matter either by dismissing the
complaint or by making such order against the
defendant as the justice of the case requires.
(2) Where the Magistrate ceases to hold office, he may
determine the case by lodging his written decision
with a person appointed by the Chief Justice within
the same period of eight weeks and the person
appointed shall read the decision at the earliest
opportunity, after notice to the parties concerned."
Nancy was charged with a summary offence. The matter which was heard
by Magistrate Deadpoke concluded on July 9, 2009. Magistrate Deadpoke gave
his decision on December 10, 2009 when he convicted Nancy and sentenced her
to two years in prison.
Nancy has instructed you to advise her on the likelihood of a successful
appeal.
Advise Nancy.

QUESTION 5

Mary Souza, mother of Serena Souza who resides in New York, has
consulted you with respect to the sale of Serena’s house in Queens Gardens, the
renting of Serena’s cottage at Sea Sands Villas and negotiating a mortgage on
the cottage to assist in defraying Serena’s medical costs. Serena was injured in a
train accident in Washington and is unable to travel to your territory to instruct
you herself. Mary has the title deeds for Serena’s properties.

(a) What information would you need from Serena in order to draft the
proper document to enable Mary to act for Serena?

(b) Draft the document.

TURN OVER
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EDLS – Legal Drafting & Interpretation – May 2010 Examinations
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QUESTION 6

In its 2008 Report, the Criminal Law Reform Committee had in relation to
jury service recognised and affirmed the rule of conduct that deliberations of
jurors ought to be treated as private and confidential.

In recent years, however, the sacrosanctity of jury deliberations had been

eroded by a number of publications that revealed jury room discussions.

In December 2009, section 8 of the Contempt of Court Act was amended

as follows:

8. Information from jurors.

“It is a contempt of court to obtain, disclose or solicit any

information from jurors, particulars of statements made,
opinions expressed, arguments advanced or votes cast by
members of a jury in the course of their deliberations in any
proceedings.”

In March 2010, The Observer, one of the daily newspapers, published an

article containing certain statements and opinions by a juror concerning the
verdict that had been delivered by the jury in a sensational extortion trial on
which that juror had sat.

The journalist had obtained the information not from the juror directly but
from the transcripts of a researcher who had conducted interviews with jurors for
research and educational purposes.

Contempt proceedings brought against The Observer under section 8 of

the Contempt of Court Act for publishing the information were successful. The
Observer wishes to appeal. They contend that the disclosure under section 8
must be in relation to information directly obtained from a juror and not from an
independent source.

Advise The Observer as to the likelihood of a successful appeal.

TURN OVER

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EDLS – Legal Drafting & Interpretation – May 2010 Examinations
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QUESTION 7

On September 15, 2009, there was a tornado in your territory. The severe
damage caused by the tornado nearly crippled the economy. On December 10,
2009, the Government passed the Mortgage (Tornado Relief) Act, 2009.

The Act provides:

1. (1) This Act may be cited as the Mortgage (Tornado

Relief) Act, 2009.

(2) This Act is deemed to have come into force on 1

September, 2009.

2. It shall not be lawful for any mortgagee under a

mortgage during the continuance of this Act to call in
the mortgage or to take any steps for exercising any
right of foreclosure or sale, or for otherwise enforcing
the security or for recovering the principal money
secured.

3. This Act shall continue in force until 31 December, 2010.

Maidon executed a legal mortgage with Real Life Mortgage Company

Limited in 2006. On December 1, 2009 Real Life Mortgage Company Limited
issued a Writ to enforce their security by foreclosure or sale. The matter was
partially heard in February 2010 and adjourned to April 2010.

At the adjourned hearing, counsel for Maidon submitted that, having

regard to the Mortgage (Tornado Relief) Act, 2009, Real Life Mortgage Company
Limited was barred from enforcing its security. Counsel for Real Life Mortgage
Company Limited submitted that the Act did not apply to a case where
proceedings were instituted before the statute was passed.

As judge of the court what would your decision be? Give reasons.

TURN OVER

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EDLS – Legal Drafting & Interpretation – May 2010 Examinations
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QUESTION 8

Zia Shucks engaged Common Man Designs, an architectural firm, to

design an environmentally-sound home for her in Porgy Swamp.
The contract which Common Man gave Zia for execution contains the
following clause –

“Disputes under this contract shall be resolved by a panel

appointed by the architect consisting of three neutral persons,
two attorneys certified in construction law and one attorney
certified in environmental law.”

The clause is ambiguous.

(a) Identify and explain the nature of the ambiguity.

(b) Redraft the clause to eliminate any ambiguity.

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EDLS – Legal Drafting & Interpretation – May 2010 Examinations