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Open University of Mauritius

LLB (HONS) [OUba029]


BA (HONS) LAW AND MANAGEMENT [OUba032]

EXAMINATIONS FOR: November/December 2019

MODULE: Foundations of Law and Foundation of Mauritian Legal


System [OUba029111] / [OUba032111]

DATE: Saturday 7 December 2019

DURATION: 2 Hours

INSTRUCTIONS TO CANDIDATES

1. The paper consists of Section A and Section B.


2. Section A is Compulsory.
3. Answer ANY TWO (2) question from Section B.
4. Always start a new question on a fresh page.
5. Grammatical mistakes shall be penalized.
6. Total marks: 100.
The question paper contains 5 questions and 2 pages.

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SECTION A
COMPULSORY
QUESTION 1 [40 MARKS]

a) Discuss the importance of the Constitution of Mauritius and explain any two
sections of the Constitution.
(20 marks)

b) Discuss the sources of our law and explain how law is vital to a society. (20 marks)

SECTION B
ANSWER ANY TWO (2) QUESTIONS

QUESTION 2 [30 MARKS]


When a statute is applied in the Courts, there may be uncertainty over the precise
meaning of a word or whether a particular term applied to the circumstances of the
case. It is the role of the judiciary to apply the law made by parliament as legislation.
In so doing, Courts will apply a number of rules and principles to interpret the statute.
Discuss.

QUESTION 3 [30 MARKS]


Critically discuss the doctrine of Separation of Powers.

QUESTION 4 [30 MARKS]


a) Discuss the role of Courts in Mauritius. (20 marks)
b) Differentiate between civil and criminal law. (10 marks)

QUESTION 5 [30 MARKS]


Laws are made by Parliament in Mauritius. Discuss the law making process.

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