West Indian lew and legal systems evolved from (A) Civil Code (BY colonialism (©) judicial precedent (D) morality and retigion The basis of legal systems in the ‘Commonwealth Caribbeat (A) hybrid (B), Civil Code W2F common law (D) — Roman-Dutch Which of the following statements is applicable to ‘positive law"? (A) Ibis shaped by a supreme divine being. GP Himustbe obeyed even if unjust or repressive (©) Itprovides arational foundation for ‘moral behaviour, () Its essociated with the ancient Roman philosopher, Cicero. Which of the following BEST defines the term ‘law’ in the context of a civil state? (A) Amoral code of conduct (B) Socially agreeable norms (C) Rules that govern personal behaviour (DY Anenforceable body of rules that governs society The rule of statutory interpretation which seeks to avoid an unjust or absurd result may be described as (A) golden B) literary (Cy mischief (@) purposive 02131010/CAPE 2014 6, Which of the following is NOT a way of avoiding a bad precedent? wer (B) © (D) Distinguishing the case Dismissing the exse Which of the following classifications of law prescribes that an employer is liable for the torts committed by his employee during the course of his employment? (A) Public [PT Private (©) Procedural (D) Substantive In which of the following courts ean someone whose constitutional rights have been breached bring an action for judicial review? (A) High Court ® Court of Appeal Magistrate’s Court (D) Caribbean Court of Justice “Any person who parks amotor vehicle of any kind three metres from any school gate will be fined a sum not exceeding $3 000.” This is an example of the legal theory of (A) norms (B) obligations (C) natural law PY positive law GO ON TO THE NEXT PAGE,10. ul 12 1B. =3+ Which of the following is NOTan equitable maxim? 4A} Equity follows the law. SPF hustice is equity’s darling {C)__ He who comes to equity must come with clean hands (D) Equity looks on that as done which ‘ought to be done Which of the following is NOT a reason for the creation of delegated legislation? (A) Speed and efficiency (B) Special experts knowledge (Oy Flexibility in the court system (D) Providing greater autonomy to administrative bodies Zinga, a vietim 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 civil “ criminal (©) procedurat (D) substantive ‘The Judge, in semencing the defendant said to him, “Be careful of your associates”. ‘There was no ev dence, however, that the defendant's association with these persons affected the judgement in the case. The Judge’s statement could be described as (A) ultra vires (B) stare decisis obiter dictum (D) ratio decidendi 0213 1010/CAPE 2014 4 16. 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 case Rob take against Sups? (A) Sue him for negligence (B) Sue him for breach o° duty (C) Recommend that he be debarred 48) Report him to the disciplinary Janet owes her cousin, Justin, six months rent for the penthouse apartment she rents from him, Justin wants to recover the outstanding rent and comes to you for legal advice. He is not too keen to take Janet to court but considers it among his options. You advise him that his BEST option would be (A) ejection (B) litigation sey — mediation (D) arbitration ‘The important provisions ofthe constitution are protected from being easily altered by the use of (A) referenda entrenchment (C) judicial review (D) parliamentary legislation GO ON TO THE NEXT PAGE,17, 18. 19, 20. 24. aie Judges’ security of tenure until the statutory age of retirement is important for the independence of the judiciary B) the separation of powers doctrine (C) effective operation of the legislature (D) effective functioning of the executive Which of tke following philosophers is known for having made the pronouncement, ‘No man is above the law"? Dicey B) Locke (©) Aristotle () — Monesquicu An independent judiciary is indispensable for the protection of the right to (A) legal redress (B) —aspeedy trial S@y — afaichearing (D) presumption of innocence Which of the following cases BEST supports the doctrine of constitutional supremacy over parliamentary supremacy? (A) Hinds v R [1977] * (B) — Maheraj v A-G [1978] (Cy Collymore v A-G [1970] (D) Pratt and Morgan v A-G [1993] Which of the following are requirements for the operation of the rule of law in any ‘Commonwealth Caribbean state? 1. A constitution having a Bill of Rights I. A constitution providing for striet penalties for criminal offenders III. A corstitution safeguarded by an independent judiciary (A) Tand tl only 4B) Land tit only (©) Mand iif only (@) 1 Mand 02131010/CAPE 2014 22. 23. 24, Which of the following prerogative orders is used to compel the performance of a public duty by a public authority? (A) Certiorari 8) Prohibition {OO Mandamus (D) Habeas corpus Which of the following isNOT an executive function? (A) Assenting to legislation (B) Deciding on national po (©) Appointing a Prime Minister DI Determining the length of a sentence 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 pickets and tell them they ought not to say those negative ‘hings about the government. The policemen also tell them that they should disperse and not return, ‘The policemen infringed Brenda’s L_ Freedom of assembly I, Freedom of association JI, Right to liberty (A) Lonly (B) Land 1 only (©) and Ill only yj, Mand GO ON TO THE NEXT PAGE28. 26. 27. -5- The Parliament of Concordia, a Commonwealth Caribbean State, has passed a law which provides for the election of a Minister of Home Affairs who will be responsible for the administration of the courts. All judges will now be accountable to the Minister of Home Affairs. The Judges write to the Prime Minister statinig that this appointment undermines the Rule of Law. The judges” complaint is based on (A) executive power {BY separation of powers (C) constitutional supremacy (D) parliamentary sovereignty Busta, a priscner on death row for over ten years, has been awaiting the hearing of his appeal and is now quite frustrated. He seeks your advice on what is meant by “cruel, inhumene and degrading treatment” of which he claims to be a victim. He should be directed to the case of (A) Hindsv.R (B) Thomas v.A-G (©) Collymore v.A-G BY Pratt & Morgan y.A-G The Antigo Health Authority opens an old folks’ home and the Minister with responsibility for social care promises, at the opening, that the home will remain open for the life of the present occupants. One year later, the centre closes for economic reasons. Ellen, aresident, sues for violation of her legitimate expectation, What is the MOST tikely result? (A) Ellen ses; there was no legitimate expectation. (B) Ellen wins; the reasons for closure are inadequate. (C) Ellen foses: the reason overrides any legitimate expectation. Ellen wins; there was a violation of her legitimate expectation. Dy 0213 1010/CAPE 2014 28. 29, 30. The Prime Minister of a Commonwealth Caribbean state was charged with tax evasiéa, found guilty and sentenced to six months in prison. This was possible becaiise of the principle of (A) equity rule of law (C) constitutional supremacy (D) parliamentary sovereignty The Housing Commission of « Commonwealth Caribbean State acquired the lands of farmers from Planters Vale and failed to pay them forthe lands. Mrs Ganga, a resident of the area, applied to the Attorney General for leave to file a class action against the Housing Commission Which of the following is NOT @ requirement for approval of this action? (A) A good prima facie case (B) Locus standi of the applicant (© The defendant is apublic authority (D) Negligence by the Housing Commission Mr Acorn has been acting in the post of Chief Police Supervisor for ten years and applies for appointment to the post. The Personnel Officer appoints Mr Squirrel who is a recent graduate and who got a lower score on his interview than Mr Acom, butis a good friend of the Personnel Officer Which of the following remedies would be available to Mr Acorn? (A) Injunction (B)__ Restitution (CY Habeas corpus (D) Specific performence GO ON TO THE NEXT PAGE3. 32. “This court does not and cantnot inquire into the merits of the minister’s decision, can only examine the legality of the process adopted to reach a deci ‘The quotation describes the doctrine of (A) appeal B) illegality (©) locus standt G7) judicial review ‘This court ion. Marks v. Minister of Home AffaorsAffairs (1983) per Sir Alastair Biair-Kerr P, For which of the following crimes is malice forethought an essential ingredient? (A)_ Rape Murder (©) Robbery (©) Wounding On determining criminal liability, there must have been on the part of an accused, (A) astate of mind to commit the erime (B) preliminary steps taken to create a state of affairs (©) creation of a state of affairs which brings about the crime, whether intended or not coincidence of a guilty mind and the creation of a state of affairs which brings about the erime Wy ‘The “but for rule’ to the question of af causation (B) mens rea (©) actus reus (D) recklessness MOST closely related OP IAINIOICAPE 2014 36. 37. The basic tenet of a criminal law trial is that (A) there is no duty to retreat in self defence (B) accidental death of a victim may be considered by a court (©) the Crown must prove its case on a balance of probabilities or the onus is on the Crown to prove that the accused is guilty beyond reasonable coubt Stealing, accompanied by the use of violence, is BEST described as the offence of L(A) assault (B) larceny robbery 4) burglary Which of the following elements are fundamental to ‘inchoate offences”? 1 Aids and abets MH. — Counsels I. Procures (A) Tand IL only (B) Land tif only (C)_ Wand ill only DY [Mandi GO ON TO THE NEXT PAGEt- 38. The aim of the theory of sentencing is to 39, seek to discourage the particular offender from committing another crime. This theory is referred to as (A) prevention (B) rehabilitation BEI, general deterrence individual deterrence ¥ aes Which of the followirg situations demonstrates an ‘omission to act’, for purposes of criminal liability? 1. - Patricia sees @ sick man on the streets, but does not offer him assistance and he dies. I. John fails to take care of his ailing grandmother whom he has brought to his home and she dies, III, Margaret fails to pay her taxes owed to the government. (A) Vand If only (B), Land It! only $F Mand Et only (D) I Mand Hit 40. “Dmay be held liable even if he did consider whether or not there was a risk and concluded, wrongly and unreasonably, that there was no risk, or so small a risk that it would have been justifiable to take it. (Source: Smith and Hogan &* edition) ‘The above statement is the ingredient for the mens rea of (A) intention (B) negligence recklessness (D) blameless inadvertence 41. Sandra points agun ather long-time enemy, 42, Amanda, The gun is not loaded. Sandra is LIKELY to be (A) found guilty of an assautt (B) able toclaim self-defence (Cy held liable for attempted murder (D) found not guilty of an offence since the gun was not loaded O2IZ1O10/CAPE 201¢ Shamar, Allison’s friend, enters Allison’s house for dinner. After dinner, he removes his clothing and tells her, “You know what I want”, Allison is afraid for her life and removes her clothing, The two engage in sexual intercourse. Shamer is (AY guilty of rape (B) 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 THENEXT PAGE43, 44. 45. “8. Abba Manufacturing Company manufactured a device called ‘platum’ and advertised it for sale. twas an illegal device, and could be used by drivers to detect police radar from a distance. Abba Manufacturing Company has been charged for advertising ‘platum’ for sale, contrary to law. What is the MOST likely offence for which Abba Manufacturing Company may be charged? (A) Atempt (B) Contempt (©) Incitement (D) Conspiracy 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 AY Marder (B) — Grevous bodily harm (©) Involuntary manslaughter (D) Voluntary manslaughter A party pleading insanity must prove that he or she 1. wes absent-minded IL, suffered from a defect of reason HII. su‘fered from a disease of the mind (A) Land Il only (B) Land Ill only (C)_— Mand Ill only —S* pps 9F Ioiandit END OF TEST IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS TEST, OP1RINIOICAPR 2014