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TE .ST CODE 02131010
FORM TP 2013214 MAY/JUNE 2013

CARIBBEAN EXAMINATIONS COUNCIL

CARIBBEAN ADVANCED PROFICIENCY EXAMINATION®

LAW

Unit 1 PUBLIC LAW

Pape r 01

hour 3 minutes

( 31 MAY 2013 p.m.))

READ THE FOLLOWING INSTRUCTIONS CAREFULLY

1 This test consists o f 45 items. You will have 1 hour and 30 minutes to answer them.

2. In addition to this test booklet, you should have an answer sheet.

3. Do not be concerned that the answer sheet provides spaces for more answers than there are
items in this test.

4. Each item in this test has four suggested answers lettered (A), (B), (C), (D). Read each item
you are about to answer and decide which choice is best.

5. On your answer sheet, find the number which corresponds to your item and shade the space
having the same letter as the answer you have chosen. Look at the sample item below.

Sample Item

The term stare decisis means

Sample Answer
A) reason for deciding
B) let the decision stand
(C) through a lack of care
D) offhand comments by a judge

The best answer to this item is let the decision stand , so answer space (B) has been shaded.

6. If you want to change your answer, erase it completely before you fill in your new choice.

7. When you are told to begin, tum the page and work as quickly and as carefully as you can.
I f you cannot answer an item, go on to the next one. You may return to this item later. Your
score will be the total number of correct answers.
iiiii

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

Copyright © 2009 Caribbean Examinations Council

All rights reserved.

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1. Which o f the following statements is 5. West Indian law and legal systems evolved
applicable to positive law ? from

A) It is shaped by a supreme divine A) Civil Code

being. B) colonialism
B) I t provides a rational foundation for C) judicial precedent
moral behaviour. D) morality and religion
(C) I t must be obeyed even if unjust or
repressive. _
D) I t is associated with the ancient 6. Statements o f law made where a case is
Roman philosopher, Cicero. not fully argued or where the court seemed
to have misunderstood the law or was
unaware of relevant policy considerations,
2 Philosophers who argue that there is an form part o f the
absolute standard against which all law can
be measured are BEST described as A) obiter dictum

B) p r incuri m
A) realists C) r tio decidendi
B) Marxists D) binding precedent
C) positivists
D) naturalists
7. Which o f the following is NOT a feature
o f the High Court or the Supreme Court?
3. Which of he following classifications oflaw
prescribes that an employer is liable for the A) Trial function
torts committed by his employee during the B) Appellate jurisdictio n
course ofhis employment? (C) Investigative function
D) Judges adjudicating on matters
(A) Public before the Court
(B) Private
(C) Procedural
8. W h i c h o f the following statements
D) Substantive
BEST describes the practice o f law in the
Commonwealth Caribbean today?

4. The rule of statutory interpretation which

A) It has changed drastically since
seeks to avoid an unjust or absurd result
the c o u n t r i e s g a i n e d t h e i r
may be described as
independence from Britian.
B) I t varies greatly from country to
A) golden
B) literary country in the Commonwealth
Caribbean.
C) purposive
C) In some countries, the influence
D) mischievous
o f French or Roman-Dutch Law
may be seen alongside English
Common Law.
D) I t retains vestiges o f the laws of
the indigenous peop les, African
enslaved people and the Asian
indentured immigrants.

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9. The golden rule in statutory interpretation 12 In March, Green Thumbs Ltd, owned by
arises where the Mrs Peterkein, entered into an agreement
with PS Ltd owned by her former husband,
(A) courts wish to change the statute Mr Peterkein. PS Ltd is to supply lush
(B) courts wish to provide clarity to the fertilizer for her vegetable farm by August
statute at a cost o f 10,000 on which a down
(C) parliament wishes to define the payment o f 5,000 was made. t is
words of the statute December and PS Ltd has not supplied the
(D) ordinary meaning of the words in fertilizer to Green Thumbs Ltd. However,
a statute gives rise to an absurd PS Ltd is refusing to repay Green Thumbs
result Ltd its down payment.

Green Thutilbs can seek redress in the

10 The rules o f statutory interpretation are
intended to (A) High Court
B) Family Court
(A) aid the courts in interpreting case (C) Industrial Court
law (D) Magistrate s Court
(B) assist the legislature in the making
of laws
(C) assist the courts in interpreting 13. Miss Roache, a prosecutor, is aware that
legislation a co-accused, P who is cooperating with
(D) distinguish between binding and the prosecution, has a document which
persuasive precedents is very damaging to the co-accused, Q.
Both accused are involved in extradition
proceedings at the request of a foreign state.
11 The mis chief rule in statutory interpretation
arises when the courts wishes to Miss Roache has a duty to share the
information with the
(A) change the statute
B) provide clarity to the statute I. defence counsel
(C) ascertain the ordinary meaning o f II. Director ofPublic Prosecutions and
the words in a statute the Judge
D) determine the defects parliament III. representatives o f the foreign
was trying to correct government

(A) I only
(B) II only
(C) III only

(D) I, II and III

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14. Which o f the following are features o f 17. Which o f the following are requirements
delegated legislation? for the operation o f the rule o f law in any
Commonwea lth Caribbean state?
I. Flexibility in the court system
II. Special knowledge from experts I A constitution having a Bill o f
III. Greater autonomy to administrative Rights
units II. A constitu tion provi ding for strict
penalties for criminal offenders
(A) I and II only III. A constitu tion safeg uarded by an
(B) I and III only independent judiciary
(C) II and III only
(D) I, II and III (A) I apd II only
(B) I and III only
(C) II and III only
15. Janet owes her cousin, Justin, six months (D) I, II and III
rent for the apartment she rents f rom him.
Jus in wants to recover the outstanding rent
and comes to you for legal advice. He is 18. Appointment o f judges should be with
not too keen on taking Janet to court but security of tenure until the statutory age o f
considers it among his options. retirement.

His BEST option wo u ld be Judges security o f enure until the statutory

age o f retirement is important for
A) eviction
B) litigation (A) the independence o f the judiciary
(C) mediation B) the separation of powers doctrine
D) arbitration C) effective functioning o f the
executive
(D) .effective operation of he legislature
16. Which of the following is NOT a feature
of Caribbean constitutions?
19. Which o f the following prerogative orders
A) Certain constitutional provisions is used to compel the performance o f a
are entrenched. public duty by a public authority?
B) Inherent supervisory functions are
possessed by the High Court (A) ertiorari
over all inferior tribunals. B) Mandamus
(C) Original jurisdiction is given (C) Prohibition
to the Supreme Court in all D) Habeas corpus

constitutional matters.
(D) Salaries and conditions o f service
o f udges are safeguarded by the
constitution.

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20. The statement no man is above the law 24. The Prime Minister ofXanadu was charged
is attributable to for tax evasion, found guilty and sentenced
to six month.s in prison. This was possible
(A) the UN Charter because o f the principle o f
(B) the Bill of Rights
(C) the Declar ation o f Delhi (A) equity
(D) D i c e y ' s ' t h e L a w a n d the (B) rule of law
Constitution ' (C) constitutional suprema cy
(D) parliamentary sovereignty

21. Which branch oflaw deals with the powers 25. Busta, a p r ~ s o n r on death row for over
and duties of government? ten years, has been awaiting the hearing
o f his appeal and is now quite frustrated.
(A) Public He seeks your advice on what is meant by
(B) Private cruel, inhumane and degrading treatment
(C) Procedural o f which he claims to be a victim.
(D) Constitutional
Which of the following cases can be cited
as an explanation of the principle?
22. An independent judiciary is indispensable
for the protection o f the right to (A) Hinds v R
B) Thomas vA-G
(A) a fair hearing (C) Pratt and Morgan vA-G
(B) a speedy trial (D) Collymore vA-G
(C) legal redress
(D) presumption o f innocence
26. Brenda is staging a peaceful picketing
exercise with some members o f her party
23 In A L L C om m onwe a l t h C a r i bbe a n outside the office of the President. Some
jurisdictions, the Hea d of State is the policemen approach them, take away
their pickets and tell them they ought not
I Queen to say those negative things about the
II. President government. The police men also tell them
III. Governor General that they should disperse and not return.

(A) I only Which o f Brenda's fundamental rights are

(B) II only being infringed?
(C) I or II
(D) I or III I. Righ t to liberty
II. Freedom of assembly
III. Freedom of expression

(A) I and II only

(B) I and III only
(C) II and III only
(D) I, II and III only

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Items 7  8 refer to the following Item 30 refers to the following quotation.

information.
Mr Acorn has been acting in the post o f
Chief Police Supervisor for ten years and
applies for appoin tment to the post. The
Personnel Officer appoints Mr Squirrel , a
recent graduate and who got a lower score
on his interview than Mr Acorn, but is a
good friend of the Personnel Officer.
30
27. On which o f the following grounds may
This court does no t and cannot inquire into
the merits of the minister's decision ...
This court can only examine the legality of
the process adopted to reach a decision .  
Marks v Minister of Home Affairs
(1983 ) per Sir Alastair Blair-Kerr P
The quotation describes the doctrine of
i

Mr Acorn seek redress for judicial review? A) appeal

B) illegality
(A) Bias (C) locus standi
(B) Improper purpose D) ju d icial review

(C) Abuse o f discretion

(D) Breach o f fundamental rights
31. The ' but for rule' is MOST closely related
to the question o f
28. Which o f he following re m edies would be
available to Mr Acorn? (A) causation
B) mens rea
(A) Injunction (C) actus reus
(B) Restitution (D) recklessness
(C) Habeas corpus
(D) Specific performance
32. For which o f the offences below does
recklessness suffice as mens rea
29 Members o f he community are upset when
Government introduces the payment o f a (A) Murder
toll to travel on the main road which leads B) Grievous bodily harm
directly to the airport. Mary and her sister, (C) Voluntary manslaughter
Sonia, seek your advice on how they ma y D) Involuntary manslaughter
obtain redress.

You should advise them that they 33. For which ofthe following crimes is malice
aforethought an essential ingredient?
A) cannot sue, as they have no locus
standi A) Rape
B) can send a petition to the Ministry B) Murder
o f Transportation (C) Robbery
(C) can sue on behalfofthemsel ves and D) Wounding
the members o f heir community
(D) cann ot sue, since as a member o f
the community, they have locus
standi

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34. In criminal law, there is strong legal 38. Wh i ch o f the following is a 'special
authority for the proposition that defence'?

(A) there is no duty to retreat in self (A) Insanity

defence (B) Intoxication

(B) accidental death o f a victim may (C) Self-defence
be considered by a court (D) Provocation
(C) an accused must take his victim as
he finds him, no more no less
D) the onus is on the Crown to prove 39. Mary stabbed John after being submitted
that the accused is guilty beyond to many years o f physical and emotional
reasonable doubt abuse by him. John was rushe d to hospital
and subsequently died.

35. In strict liability offences, which o f the Mary may be liable for
following is NOT correct?
(A) murder
(A) The offence is created by statute. B) grievous bodily harm
B) Liability is strict but not absolute. (C) voluntary manslaughter
(C) There is a presum ption of mens rea D) involuntary manslaughter
D) There is no presumption of mens
rea

40. Sandra points a gun at her long-time enemy,

Amanda. The gun is not loaded.
36. A defence against a charge o f murder may
be successfully argued on the grounds of Sandra is LIKELY to be

(A)
B)
necessity
self-defence A)
B)
able
foundtoguilty of an-defence
claim self
assault
(C) provocation (C) held liable for attempted murder
(D) diminished responsibility D) found guilty of an offence since the
gun was not loaded

37. Which of he following may NOT result in

criminal liability? 41 Shamar, Allison's friend, enters Allison's
house for dinner. After dinner, he remove s
(A) Steps taken to commit the crime his clothing and menancingly tells her,
(B) A state of mind to commit the crime You know what I want. Allison is afraid
(C) Commission o f he crime, whether for her life and removes her clothing. The
intended or not two engage in sexual intercourse.
D) Coincidence of the accused's state
o f mind and commission o f the Shamar is
cnme
(A) guilty o f rape
(B) guilty o f assault
(C) not guilty o f rape since no force
was used
(D) not guilty o f rape since Allison
invited him over

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42 Alex resolves to kill Peter. He injects an
orange with potassium cyanide and hides it
from Peter with the intention of giving it to
him in the evening. Peter finds the orange
it
around mid-morning, eats
Alex is guilty of
44 Mary stabbed John when he made a remark
she did not appreciate. John was rushed to
hospital u ~ he refused a blood transfusion
and later died.
and dies. Which of the following is NOT a general
defence available to Mary?

A) murder A) Insanity
B) negligence B) Intoxication
C) voluntary manslaughter C) Provocation
D) involuntary manslaughter D) e ~ f d e f e n c e

43 In which o f the following situations could 45 Maray fires two shots at Phil which miss
the person be liable for omission to act ? him and break a glass window.

I John fails to take care o f his Maray is

ailing grandmother whom he has
brough t to his home and she dies. A) liable for the dama ge to the glass
II. Melis sa does not feed her newborn B) liable under the principle o f
baby and the baby dies . transferred malice
III. Margaret fails to pay her taxes C) liable for the dama ge to the glass
owed to the government. since he intended it
D) not liable because he did not have
A) I only the mens re for the outcome
B) II only
C) I and II only
D) I, II and III

E NDO FT E ST

IF YOU FINISH BEFORE TIME IS CALLED HE K YOUR WORK ON THIS TEST.

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