CANDIDATE — PLEASE NOTE! tis potter wit gourmaner shee, Farts | TEST CODE 02131010 FORM TP 2018253 |?" "at sstattenton MAY/JUNE 2018 CARIBBEAN EXAMINATIONS COUNCIL CARIBBEAN ADVANCED PROFICIENCY EXAMINATION® LAW UNIT 1- PUBLIC LAW Paper 01 1 hour 30 minutes 01 JUNE 2018 (p.m.) READ THE FOLLOWING INSTRUCTIONS CAREFULLY. 1. This test consists of 45 items. You will have 1 hour and 30 minutes to answer them, ” In addition to this test booklet, you should have an answer sheet. 3. Donot 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. > 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 Ite ‘The term ‘stare decisis’ means (A) reason for deciding ® let the decision stand ®©@©® through a lack of care (D) offhand comments by a judge The best answer to this item is “let the decision stand”, so (B) has been shaded, ©. Ifyou want to change your answer, erase it completely before you fill in your new choice. 7 When you are told to begin, turn the page and work as quickly and as carefully as you can. If you cannot answer an item, go on to the next one. You may return to that item later. Si DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO, Copyright © 2017 Caribbean Examinations Council All rights reserved.Which of the following statements BEST describes the practice of law in the Commonwealth Caribbean today? (A) ___Itvaries from country to country. @ _2s0me countries, the influence of French, Roman-Dutch Law and English Common Law exists. (C) It has changed drastically since the countries gained their independence. (D) Vestiges of the laws of the indigenous peoples and African enslaved peoples remain, The decisions in Shaw v. DPP [1962] and R v. Knuller Ltd [1962] both upheld convictions for (A) indecent exposure B) obscene publication ° conspiracy to corrupt public morals conspiracy to commit gross indecency Which of the following actions is a way of avoiding a bad precedent? (A) Dismissing the case (B) Reversing the decision (©) Overruling 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 @ iiterai (B) golden © _ mischiet ©) purposive 8. In which of the following classifications of law is an employer liable for the torts committed by his employee during the course of his employment? (A) Public Private Procedural (D) Substantive In which of the following courts can someone whose constitutional rights have been breached bring an action for ju: review? High Court ) Court of Appeal (C) Magistrates’ Court (D) Caribbean Court 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 Se ‘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 rule of law ® ultra vires doctrine (C) separation of powers (D) supremacy of the constitution GO ON TO THE NEXT PAGE,10. 1. Be Item 9 refers to the following section of a law of a Caribbean state. “Any person who parks a motor vehicle of any kind three metres from any school gate will be fined a sum not exceeding $3000.” This is an example of the legal theory of (A) norms (B) obligations (© natural law @ positive law Which of the following are features of delegated legislation? 1. Special knowledge from experts I. Flexibility in the court system III, Greater autonomy to administrative units (A) — Land I only Land III only Hand III only (©) 1, Wand tr Zinga, a victim of domestic violence for 25 years, has been charged for killing her abusive husband by putting poison in his food. The nature of Zinga’s case is ‘A) civil BD Firion (©) procedural (D) substantive 12: 13. 14. Mr Legall, the foreman of the jury in a well- established case, met with Mrs Dover, the mother of the defendant. He promised that if she paid him $10 000 he could influence the jury to secure her son’s acquittal. As a consequence of his action, Mr Legall could be 1. arrested by the police Il. discharged from the jury MIL. criminally charged for perverting the course of justice (A) Land Il only (8) Land Ill only (C) Mand Ill only 1, Hand Il ‘The judge in sentencing the defendant said to him, “Be careful of your associates.” ‘There was no evidence, however, that the defendant’s association with these persons affected the judgement in the case. The judges statement could be described as (A) ultra vires (B) stare decisis obiter dictum ratio decidendi Rob retains the services of an attorney, Sups, to represent him in a case of simple larceny of property belonging to Ziggy. Rob overhears Ziggy and Sups discussing the case in the hallway. Rob dismisses Sups and informs him that he will sue him. Sups replies, “Go ahead, the case will only be thrown out of court.” ‘What action can Rob take against Sups? (A) Sue him for negligence. (B) Sue him for breach of duty. (©) Recommend that he be disbarred, Report him to the disciplinary committee. GO ON TO THE NEXT PAGE,15. 16. 17. ae When the names of jurors are called for them to be empanelled, Mr Sharp, the attorney, notices that among them are 1. Mrs Hesden, a well-known talk- show host who is a sister of the Chief Justice Il. Mrs Parson, a dressmaker and community worker II, Mr Brown, a Justice of the Peace and also a retired police officer IV. Mr Cyrus, a convicted felon who served a five-year sentence Mr Sharp, the attorney for the accused, CANNOT sucessfully challenge the inclusion of (A) Mrs Hesden Mrs Parson Mr Brown (D) MrCyrus ‘The important provisions of the constitution are protected from being easily altered by the use of (A) referenda entrenchment judicial review (D) _ parliamentary legislation Judges’ security of tenure until the statutory age of retirement is important for (A) the separation of powers doctrine (B) effective operation of the legislature @ the independence of the judiciary (D) effective functioning of the executive O7131M1 0/0 PR DnI8 18. 19, 20. 21. 22. Which of the following persons is the MOST famous proponent of the rule of law? Dicey ) Fiadjoe (C) Aristotle (D) — Halsbury Which of the following cases BEST supports the doctrine of constitutional supremacy over parliamentary supremacy? (A) Hinds v. R [1977] (B) Maharaj v. AG [1978] @ Collymore v.4G [1970] (D) Pratt and Morgan v. AG [1993] ‘The minister of education 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 (C) — acriminal law application @ 2 judicial review application The organs of state function BEST when there is (A) natural justice (B) a Bill of Rights s security of tenure separation of powers An independent judiciary is indispensable for the protection of the right to (A) legal redress a fair hearing (C) aspeedy trial (D) presumption of innocence GO ON TO THE NEXT PAGE,zi 24, Which of the following prerogative orders is used to compel the performance of a Public duty by a public authority? (A) Certiorari (B) Prohibition Mandamus (D) Habeas corpus Brenda is staging a peaceful picketing exercise with some members of her party outside the office of the president. Some Policemen approach them, take away their placards and tell them they ought Rot to say those negative things about the government. The policemen also tell them that they should disperse and not return, Which of Brenda’s fundamental rights are being infringed? 1. Freedom of expression Il, Freedom of assembly IIL. Right to liberty (A) Land 11 only e Land III only ) Mand If only (@) i. Mand it Busta, a prisoner on death row for over ten years, has been awaiting the hearing of his appeal and is now quite frustrated. He seeks advice on what is meant by ‘cruel, inhumane and degrading treatment’, of which he claims to be a victim Which of the following cases can assist in advising him? (A) Hinds v. R (1977 (B) Thomas v. AG [1981] (©) Collymore v. AG [1970] Pratt and Morgan v. AG [1993] 26. 27. 28. In a recent case, the Director of Public Prosecutions (DPP) ruled that a certain public officer should not be prosecuted as there was insufficient evidence. Members of the public are angry at the decision and are clamouring for the DPP’s removal. A DPP may be removed from office (A) on the instructions of the Chief Justice (B) with a revocation of appointment by the Minister of Justice (©) temporarily, while a hearing into alleged misbehaviour is in process @ because of inability to discharge the functions of the office on account of misbehaviour The prime minister calls Mr Justice to discuss a case before him relating to whether Cabinet acted lawfully in granting @ contract to N Ltd rather than M Ltd. The action by the prime minister is an offence against (A) Thomas v.AG [1981] (B) the rule of law separation of powers @ 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. The minister uses that money to build a new community centre, Harold, a community worker, seeks to challenge that decision by judicial review. Which of the following grounds can he use? (A) Bad faith (B) _ Improper purposes Improper delegation Irrelevant consideration GO ON TO THE NEXT PAGE29, 30. 31. 32. 26 The rules made by the local plumbing council prohibits a plumber from advertising his services to the public. The fundamental right implicated by this rule is Freedom of (A) person (B) assembly (©) movement @ expression Xena wishes to sue for an infringement of her fundamental rights. The court in which her lawyer initiates the action is the Sod High Court Appeal Court (C)_— Magistrates’ Court (D) Caribbean Court of Ju ‘The ‘but for rule’ to the question of causation 2 ‘mens rea (©) actus reus (D) recklessness MOST closely related In which of the following offences is the fact of agreement an essential element? (A) Attempt (B)__Inchoate (©) _ Incitement @ conspiracy A7121M10/C APE IMI. 33, 34, 35. 36. Where P kills Q with the requisite intention but it is found upon trial that he was provoked, P is guilty of (A) murder (B) grievous bodily harm voluntary manslaughter @ involuntary manslaughter Abnormality of mind for the defence of diminished responsibility includes an abnormality caused by (A) hate epilepsy (©) _ jealousy (D) intoxication Stealing, accompanied by the use of violence, is BEST described as the offence of (A) assault (B) larceny robbery (D) burglary In the defence of insanity, the burden of on the (A) accused, to prove he is insane @ = aceused, to adduce evidence to raise insanity (©) _ prosecution, since everyone is presumed sane (D) prosecution, to prove the accused had the mens rea GO ON TO THE NEXT PAGE,37. 38. 39. He Which of the following elements are fundamental to inchoate offences? L Procures 1h Counsels Il. Aids and abets (A) Land I only (B) Land III only (C) Mand II only @ Wand ur When dealing with a young offender, which form of punishment should a tribunal impose ONLY in exceptional circumstances? (A) Fine (B) Probation order @ Custodial sentence (D) Community service order Which theory of sentencing seeks to discourage a particular offender from committing another crime? (A) Prevention (B) Rehabilitation (©) General deterrence QD uiividual deterrence MAI MAIeADE Da10 40. 41. 42. Item 40 refers to the following statement. “D may be held liable even if he did consider whether or not there was a risk and concluded, wrongly and unreasonably, that there was no tisk, or so small a risk that it would have been justifiable to take it.” Source: Smith and Hogan: Criminal Law, 8th edition The above statement is the ingredient for the mens rea of (A) intention (B) negligence @ recklessness (D) blameless inadvertence Sandra points a gun at her long-time enemy, Amanda. The gun is not loaded. Sandra is LIKELY to be able to claim self-defence found guilty of an assault ’ ? held liable for attempted murder (D) found not guilty of an offence since the gun was not loaded Shamar, who is Allison’s friend, enters her house for dinner. After dinner, he removes his clothing and menacingly tells her, “You know what I want.” Allison is afraid for her life and removes her clothing. The two engage in sexual intercourse. Shamar is guilty of rape ® guilty of assault (C) not guilty of rape since no force was used (D) not guilty of rape since Allison invited him over GO ON TO THE NEXT PAGE,43. Abba Manufacturing Company 44, manufactured a device called platum and advertised it for sale, It was an illegal device, which could be used by drivers to detect police radar from a distance. The company has been charged for advertising platum for sale, contrary to law. Whats the MOST likely offence for which Abba Manufacturing Company may be charged? (A) Attempt Incitement 45. (©) Contempt (D) Conspiracy END OF TEST After enduring many years of physical and emotional abuse, Mary stabbed John, her husband. John was rushed to hospital where he subsequently died. Mary may be liable for (A) murder (B) grievous bodily harm voluntary manslaughter (D) involuntary manslaughter A party pleading insanity must prove that he or she 1. suffered from a disease of the mind Il. suffered from a defect of reason IIL. was absent-minded Tand Il only d Land III only (©) Mand If only () 1, Mand i IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS. TEST.