1- Mock Exam paper 2018 PDF

Preview

Summary

Download 1- Mock Exam paper 2018 PDF

Description

– This is provided as an aid to revision. Answer guidance will be provided after the teaching programme has finished. You may wish to use this past paper as a ‘mock’ exam, by completing it under timed conditions (1 hour) without reference to your revision notes and materials. You can then compare your completed test with the answer guidance provided.

-1MANCHESTER METROPOLITAN UNIVERSITY FACULTY OF BUSINESS & LAW MANCHESTER LAW SCHOOL

EXAMINATION FOR THE GRADUATE DIPLOMA IN ENGLISH AND HONG KONG LAW

Time allowed: 1 hour Answer ALL questions by ringing the letter of your intended answer in this answer booklet. Each question is worth 4 marks.

Name of student (please print your name, SURNAME first):

Candidate Number: _________________________________________________________

-2Section One Use the additional material provided below to answer the questions in section 1.

In 2012, the Home Secretary, Theresa Might, introduced a new bill into Parliament. She said: "We have seen a new fashion phenomenon in recent years which I regret to say has had an impact on our crime statistics. I refer to the “hoodie” – these fleecy tops with hoods which are now everywhere. Young people wearing hooded tops – these so-called ‘hoodies’ – have become the scourge of our city centres. They use the disguise of the hood to intimidate honest and decent citizens, and rampage about committing crimes, knowing they can’t be distinguished by CCTV cameras. We intend to put a stop to that with this bill, and reclaim the streets for law-abiding people.” The bill went through Parliament and became the following Act:

Hooded Tops (Prohibition) Act 2012 C. 40 AN ACT to prohibit the wearing of hooded tops by young people in city centres [10 June 2012] Offence of wearing a hooded top

1.

It shall be an offence to wear a hooded upper garment with its hood raised in any public place within a two mile radius of a city centre.

Interpretation

2.

For the purposes of this Act, public place shall be defined as any shop, shopping centre, library, car-park, arcade or precinct.

Punishment for wearing a hooded top

3.

The offence of wearing a hooded top shall be triable summarily only and punishable by a maximum fine of £1000.

Short title and commencement

4.

This Act may be cited as the Hooded Tops (Prohibition) Act 2012. It shall come into force on such date as the minister shall appoint.

-3A. R v LIGHTWOOD Following the implementation of the offence, Len Lightwood, a 19-year old student, is wearing a hooded top with the hood raised as he drives to university, which is situated 1.5 miles from Personchester city centre. He parks in a lay-by near the university premises, and as he gets out of the car, he is arrested by PC Forsyth, and is charged under section 1 of the Act. Len Lightwood is convicted on the basis that he was wearing a hooded top in a public place. He appeals by way of case stated on the point of law of whether a lay-by can be considered a “public place” under the Act, to the Divisional Court of the Queen’s Bench Division.

The appeal is heard by Mrs Justice Brilliant, who states: “The question before us is whether a lay-by can be considered to be a public place, which under section 2 is defined as any shop, shopping centre, library, car-park, arcade or precinct. Clearly the only possibility here is whether the lay-by can be considered to be a car-park; it certainly isn’t a shop or a library. The prosecution has argued that since Len parked his car in the lay-by, it must by definition be a car-park. I must disagree. I admit that a car-park is a word which is capable of having more than one meaning, but by a long-established convention of the construction of statutes, I must construe the intended meaning of the word car-park according to the ‘company it keeps’.

Shops, shopping centres, libraries,

arcades: these are all broadly indoor public places; covered places. I find that in these circumstances the meaning of the work car-park in the context of the Act means the type of covered, multi-storey building we are familiar with in our city centres. Should I have had to judge whether an open air car-park is included, I would have

-4found that it was not; a lay-by certainly is not. The argument that a place becomes a car-park because a car is parked there makes my drive-way a car-park! I must allow this appeal.” 1.

What is the Divisional Court doing in relation to the ruling of the trial court in this case? A. Affirming it B. Approving it C. Overruling it D. Reversing it

2.

What aid to construction is Brilliant J adopting in interpreting the word ‘car-park’? A. Per incuriam B. Expressio unius est exclusio alterius C. Noscitur a sociis D. Res judicata

3.

Which of the following would you consider to be a narrow obiter line of reasoning in Brilliant J’s ruling? A. That the conviction does not stand B. That an open air car-park is not covered by the Act C. That a lay-by is not covered by the Act D. That a car-park cannot judged solely by whether a car is parked there

4.

What is the status of the ruling in R v Lightwood as a precedent? A. The ratio is binding on all courts B. The ratio is binding on the Court of Appeal and lower courts C. The ratio is highly persuasive in the High Court and binding on lower courts D. The ratio is not binding on any court

-5B. R v ALLEN Aleysha Allen is shopping in the Personchester Shopping Centre.

She is

wearing an anorak with a hood, and as it is raining, she puts up the hood whilst inside the shopping centre, prior to walking out into the street. She is arrested by PC Daley and charged under section 1 of the Act.

Aleysha is convicted on the basis that she is wearing a “hooded upper garment” under the definition in section 1. She appeals on the issue of whether an anorak can be considered a ‘hooded top’ and her appeal, on this important point of law, reaches the Supreme Court. Mr Pompous QC, acting for Aleysha, wishes to introduce Theresa Might’s statement to Parliament in support of Aleysha’s appeal.

The leading judgment in the appeal is given by Lord Concise, who states: “I find this an extraordinarily difficult piece of legislation to interpret. I think we have to look further than the plain words of the statute to find Parliament’s intention. I find the comments of the minister in Parliament, cited to me by Mr Pompous, extremely helpful in resolving this dilemma. The problem the Act was trying to solve was clearly that of hooligans in ‘hoodies’. I might add that I do not believe that raising a hood for a few moments prior to stepping out into the rain is within the scope of the Act either but I do not need to make a finding on that. Aleysha is neither a hooligan nor was she wearing a hoodie. She was wearing an anorak. She is not guilty.” 5.

Which approach to statutory interpretation does Lord Concise appear to be rejecting in the above extract? A. Golden rule B. Literal rule C. Mischief rule D. Purposive approach

-6-

6.

Which of the following comes closest to your understanding of the ratio of Lord Concise’s speech? A. The Act is difficult to interpret B. Anoraks are not hooded tops under the Act C. The statement of a minister in Parliament is a good guide to Parliament’s intention D. Raising a hood prior to going out in rain does not breach the Act

7.

Looking specifically at Lord Concise’s statement “I do not believe that raising a hood for a few moments prior to stepping out into the rain is within the scope of the Act”, what do you consider to be the precedent value of this comment? A. It is binding on all courts lower than the Supreme Court B. It is highly persuasive for all courts C. It binding on all courts including the Supreme Court D. It has no precedent value

C. R v BLUSTER Bruno Bluster, a 20-year old with convictions for assault, taking and driving away a vehicle, shoplifting and vandalism, and who has had several anti-social behaviour orders served on him in the past, possesses a garment which is a padded jacket on the outside and a hooded top on the inside. The jacket and top can be worn separately or zipped together. He is wearing both garments zipped together in Personchester Shopping Arcade and has had just put the hood up prior to attempting to rob a jeweller’s shop when he is arrested by PC Forsyth. Bruno’s subsequent arrest, conviction and appeal to the Supreme Court are recorded in an internet diary “I’m a hooligan, get me out of here”.

His appeal comes before the Supreme Court, where the leading judgment is given by Lord Waffle of Nonsense, President. He states:

-7-

I must carefully consider the authority of this House in the case of R v Allen. My noble friend Lord Concise stated that the Act was designed to outlaw hooligans in these so-called ‘hoodies’. Bruno is clearly a hooligan – he admits as much – but rather more obscure is the question of whether he was wearing a ‘hoodie’. In my view the words on the face of the Act are clear; the offence applies to any hooded upper garment. I find it regrettable that the House in R v Allen felt it necessary to disregard the plain words of the statute. We sit here to interpret what Parliament said, not speculate on what they might have meant. I would not have been so ready to dismiss an anorak as exempt from the Act. Fortunately, the circumstances here are in any case entirely different. Bruno may have been wearing a jacket rather than an anorak – I leave aside the question of whether there is a distinction between these two garments – but he was certainly wearing a hoodie zipped underneath it. He is most certainly, I am relieved to say, guilty. 8.

What is the relationship between the cases of R v Allen and R v Bluster? A. Bluster overrules Allen B. Bluster applies Allen C. Bluster approves Allen D. Bluster distinguishes Allen

In the same appeal, Lord Pillar of Establishment, adds: I agree that Bluster is guilty. The aim of the Act in question was to solve the problem of hooligans trying to disguise themselves in order to commit crimes. To interpret the statute to acquit Bruno Bluster would be entirely failing to fulfil Parliament’s intention: he is

-8exactly the sort of person for whom this Act was placed on our statute books!

9.

Comparing the opinions of Lord Waffle and Lord Pillar, which of the following statements comes closest to your view of the approach to statutory interpretation each adopts? A. Lord Waffle is using the literal rule and Lord Pillar the mischief rule B. Lord Waffle is using the mischief rule and Lord Pillar the literal rule C. Both are using the mischief rule D. Both are using the literal rule

10. Which of the following comes closest to your view of the decision in this case? A. Bruno Bluster is convicted of the offence B. Anoraks and jackets are similar C. Wearing a hoodie underneath a jacket breaches the Act D. Parliament intended that hooligans should be treated differently

-9Section 2 These questions do not relate to the additional materials.

11. Which of the following was achieved by the Constitutional Reform Act 2005? A. Relaxing of the rules of horizontal precedent B. Creation of the Supreme Court C. Allowance of reference to Hansard in court proceedings D. Introduction of Human Rights principles into domestic law

12.

Which of the following statements is NOT a true statement about the system of law in England and Wales? A. It is based on the concept of Common Law B. It operates a doctrine of precedent C. The most important laws are enacted in the form of Codes D. The most senior court is described as the Supreme Court

13.

Which of the following is a function of a criminal case? A. Provision of a remedy for a wronged party B. Establishment of the truth C. Protection of minority interests D. Punishment of a guilty party

14.

Before which judicial personnel would a trial on indictment be most likely to be heard at first instance? A. A circuit judge B. A district judge C. A Justice of the Peace D. A Justice of the Supreme Court

-1015.

Which court would be the trial court in proceedings of a summary-only offence? A. County Court B. Crown Court C. High Court D. Magistrates Court

16.

Which of the following statements best represents where the burden of proof lies in criminal and civil cases? A. In a civil case the burden is on the claimant, and in a criminal case, the defendant B. In a civil case the burden is on the claimant, and in a criminal case, the prosecution C. In a civil case the burden is on the defendant, and in a criminal case, the prosecution D. In a civil case the burden is on the defendant, and in a criminal case, also on the defendant

17.

Which one of the following courts has no jurisdiction over criminal cases? A. County Court B. Supreme Court C. Crown Court D. High Court

18.

Which of the following is another name for delegated legislation? A. Codifying legislation B. Government legislation C. Private Members’ legislation D. Secondary legislation

-11-

19.

Which case contains the criteria for deciding whether a statement made in Parliament can be introduced in court? A. Pepper v Hart B. Donoghue v Stevenson C. Young v Bristol Aeroplane Co Ltd D. British Railways Board v Herrington

20.

Which one of the following comes closest to your view of what is denoted by the date underneath the long title of an Act of Parliament? A. The date of the first reading of the Bill B. The date on which the Bill became an Act C. The date on which the Minister enacted any delegated legislation required by the Act D. The date on which it became an offence to contravene the Act

21.

At which stage of the passage of a bill through Parliament will there be a debate on the principle of the Bill? A. First reading B. Second reading C. Committee stage D. Report stage

22.

What does Stare decisis mean? A.

The reason for the decision

B.

The thing said in passing or by the way

C.

Stand by what has been decided

D.

Beyond the powers

-1223.

Which of the following terms describes the concept that the parties to a case are bound by its outcome once all avenues of appeal are exhausted?

A. Obiter dictum B. Res judicata C. Per incuriam D. Ratio decidendi 24.

Which of the following statements about horizontal precedent is false? A. The Practice Statement 1966 was introduced in order to give the House of Lords more flexibility in relation to horizontal precedent B. The Practice Statement 1966 now governs horizontal precedent in the Supreme Court C. Horizontal precedent in the Court of Appeal is governed by the case of Young v Bristol Aeroplane Co Ltd D. Horizontal precedent in the High Court is governed by the case of Donoghue v Stevenson

25.

The appeal of Mr Parker who unsuccessfully sued Mr Salim for negligence has been reported at page 202 of the 2nd volume of the Weekly Law Reports for 2012. Which of the following represents the written form of the citation for this case? A. Parker v Salim [2012] 2 WLR 202 B. Salim v Parker [2012] 2 WLR 202 C. R v Parker [2012] 2 WLR 202 D. R (on the application of Parker) v Salim [2012] 2 WLR 202...