Practice Test for 1301 PDF

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FOUN 1301 PRACTICE QUESTIONS FOR MID-SEMESTER EXAMINATION

1.

Give the meaning of each of the abbreviation “QB” used in law:

(b) (c) (d) (e)

’ ; Queen’s Branch; Query Breakers; Query Breach; Quiet Breach.

2. Which branch of Government in St. Lucia is normally concerned with the enforcement of the law? (a) The Legislature; (c) The Judiciary; (d) The Office of the Governor General; (e) The Resident Magistrates Court. 3. In an election contest in Jamaica between Tom Stokes and Jean Paul, the former receives 5,200 votes on the preliminary count, while the latter receives 4,900 votes. It is revealed that there are 1,100 spoilt votes. Jean Paul asks you whether she may apply for a magisterial recount, and to which court she should apply if this is allowed. How would you respond? (a) (b) (c) (e)

No, because the margin of defeat is too wide; No, because the preliminary count is to be treated as a valid fact in law; No, because spoilt votes cannot be recounted in a recount; ; Yes; in the Supreme Court.

4. Section 2 of the Constitution of the State of Zemin provides that “the Government of Zemin may make no law that prohibits freedom of speech.” In 2018, the Parliament of Zemin passes the Government Free Speech Act providing that “it shall be a crime to criticize the Prime Minister or other members of the Cabinet of Zemin.” Zemin has a typical Westminster Export Model Constitution. In litigation concerning the validity of the Government Free Speech Act, which of the following is most likely to be correct? (a) The Government Free Speech Act is valid because it has been passed by the Parliament of Zemin; (b) The Government Free Speech Act is valid because Parliament is not a part of the Government under the Westminster Export Model Constitution;

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(c) The Government Free Speech Act is valid because it is legislation passed subsequent to the entry into force of the Constitution; ( (e) The Government Free Speech Act is invalid because it identifies the Prime Minister for exemption from criticism. 5. Which of the following statements is or are correct? (a) The Jamaican Supreme Court is not supreme in the sense that it is not a final court; (b) The Jamaican Supreme Court is a court of unlimited jurisdiction; (c) The Jamaican Supreme Court is empowered to hear matters of a minor nature that may also be heard by the Parish Court; (d) The final court in Jamaica is not the final court of Jamaica; . 6. Writing in his classic book Trial by Jury in 1956 which late British judge noted that jurors as peers of the accused in a criminal trial are an important symbol of, and pathway towards justice, contemporary common sense, freedom and democracy? (a) Lord Denning; (b) Lord Diplock; ; (d) Sir John Donaldson; (e) Lord Atkin. 7. Section 35(3) of the Representation of the People Act states as follows: “(3) The elector on receiving the ballot paper shall forthwith enter one of the polling compartments and there mark his ballot paper by making a cross with a black lead pencil within the space containing the name. of the candidate for whom he intends to vote, and he shall then fold the ballot paper as directed so that the initials and the numbers on the counterfoil can be seen without opening it, and hand the paper to the presiding officer, who shall, without unfolding it, ascertain by examination of the initials and numbers appearing thereon that it is the same paper as that delivered to the elector and if the same he shall subject to the provisions of section 38 forthwith in full view of the voter and all others present remove and destroy the counterfoil and deposit the ballot in the ballot box.” Mary Smith places a tick beside the name of one of the two candidates. Which of the following provides the best answer? (a)

(c) (d)

Mary Smith’s tick equivalent to a valid vote for the candidate beside whose name it is placed; Mary Smith’s tick is not a valid vote for it is not a cross; Mary Smith should be summoned and required to vote again at a magisterial recount; Mary Smith should be fined for failure to carry out the requirements of the Representation of the People Act;

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(e)

The Presiding Officer should find out Mary Smith’s voting intention from her.

8. Identify from the following list, one of the main attributes of the doctrine of precedent in the common law. (a) It brings flexibility to the law; (b) It brings higher costs to litigants; (c) It brings uncertainty to the law; (e) None of the above. 9. Which Chapter of the Jamaican Constitution is concerned primarily with the Office of the Governor-General? (a) (b) (c) (d)

Chapter V; Chapter VI; Chapter VII; Chapter VIII;

10. Your client, Joe Jones, is has been convicted of murder and sentenced to life imprisonment. This decision and sentence of the Supreme Court has been affirmed by the Court of Appeal. Joe Jones wishes to appeal to the Privy Council, and seeks your advice on the constitutional rules governing Privy Council appeals. Which provision of the Jamaican Constitution would provide the most direct guidance? (a) Section 80; (b) Section 90; (c) Section 100; ; (e) Section 120. 11. John throws a stone with the intention of hitting a mango from a mango tree on the campus of the University of Technology, Jamaica. The stone misses the mango and ends up hitting Paul in his back. Paul needs to be treated by a private doctor for his injury, and is required to pay the doctor J$ 17,000 for treatment. Paul wishes to obtain compensation for his injury. To which court should his lawyer take the case? (a) The Resident Magistrates Court; ; (c) The Court of Appeal; (d) The Family; (e) The Coroner’s Court. 12. The judges of the Caribbean Court of Justice are selected by the Regional Judicial and Legal Services Commission. Who is the Chairman of the Regional Judicial and Legal Services Commission?

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(a) The respective Prime Ministers of States Parties to the Agreement establishing the Caribbean Court of Justice; (b) The respective Chief Justices of States Parties to the Agreement establishing the Caribbean Court of Justice; (c) The Ministers of Justice of Caribbean countries; (d) The Lord Chancellor of the United Kingdom;

13. The common law system prevails in most, but not all parts of the Commonwealth Caribbean. Which of the following countries retains a hybrid system in which the common law and civil law continue to mix? (a) Jamaica; (b) Barbados; (c) Grenada; (e) Trinidad and Tobago. 14. Give the meaning of the abbreviation UKPC in law. (a) United Kingdom Peace Committee; (b) United Kingdom People’s Commune; (c) United Kingdom Party Case; (e) United Kingdom Privy Counsel. 15. Mary Smith, a national of Trinidad and Tobago, graduated from the Hugh Wooding Law School in 2017. In 2019, she applies to the Jamaican Prime Minister for a job “to serve simultaneously as a Parish Judge in the two adjoining parishes of St. James and Trelawny”. She also writes that she is aware that Parish Courts never have juries, and that she is willing to have appeals from her final decisions heard by the Supreme Court. Which of the following is true? (a) Mary Smith will not be eligible to serve as a Parish Judge because she is a foreign national;

(c) Mary Smith will be eligible to serve simultaneously as a Parish Judge in two parishes; (d) Mary Smith’s final decisions will be heard by the Supreme Court; (e) All of the above. 16. John Brown is a candidate in a national election in Jamaica. When the votes are counted, John Brown receives 45 votes, while his opponent, Tristan James receives 4,509 votes. John Brown claims electoral fraud, saying that the electoral officers involved in the vote were incompetent and/or dishonest, and arguing that he saw two electoral boxes with his name on it, but these boxes have disappeared. John Brown wishes to file an application

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for a magisterial recount. What sum of money will John Brown be required to pay before the counting commences as security for costs for the recount? (a) (b)

The economic cost of the recount, including the judge’s expenses and the lawyers’ costs, as determined at the end of the recount; A predetermined sum of J$180,000;

(d) (e)

Nothing, as he is seeking to vindicate a right; A sum determined at the discretion of the parish judge.

17. Which of the following terms denotes Acts passed by Parliament? (a) Judicial decisions; (b) Entrenched provisions; (c) Deeply entrenched laws; (e) Delegated provisions. 18. In 2018, the Jamaican Supreme Court makes a decision about the circumstances in which a person may be convicted of burglary. In 2019, the Jamaican Court of Appeal affirms that decision. In 2020, the Jamaican Supreme Court reconsiders the question of the circumstances in which a person may be convicted of burglary. Which of the following is most likely to be correct? (a) The 2020 decision may not depart from the 2019 decision in any way owing to the doctrine of stare decisis; (b) The 2020 decision may not depart from the 2018 decision in any way because decisions of the Jamaican Supreme Court are always binding in subsequent cases in the Jamaican Supreme Court; (c) The 2020 decision may depart from the 2019 decision in keeping with the terms of the House of Lords’ Practice Direction of July 26, 1966;

(e) The 2020 decision may depart from the decisions of 2018 and 2019 because the doctrine of precedent does not apply in Commonwealth Caribbean Courts. 19. A court in St. Vincent and the Grenadines makes a specific decision on a point of law. Identify the Latin term which is normally used to denote the main reason for the court’s decision. (a) (b) (c) (d)

Obiter dictum; Pacem in maribus; Mens rea; Actus reus; .

20. In which Jamaican Court of Appeal case from 1999 did Harrison JA hold that: “A treaty such as the [Convention on International Trade in Endangered Species] is unenforceable as

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between individuals, and entities within a State, unless the treaty has first been incorporated in the domestic law of that State”? (a) Trendtex v. The Central Bank of Nigeria; (b) Chung Chi Cheung v. R; ; (d) R v. Jones (Margaret); (e) None of the above. 21. Identify the countries which have the Caribbean Court of Justice as their final appellate court.

(b) (c) (d) (e)

Barbados, St. Vincent and the Grenadines, Dominica, Belize; Belize, Guyana, Trinidad and Tobago, Barbados; Guyana, St. Vincent and the Grenadines, Dominica, St. Lucia; St. Kitts-Nevis, Belize, Barbados, Guyana.

22. Today, judges of the Privy Council are in large part the same judges who sit as members of which other court? (a) (b) (c) (d) (

The The The The

Judicial House of Lords; United Kingdom House of Commons; Chancery Court; Caribbean Court of Justice; .

23. The Parliament of Jamaica passes, by an ordinary majority, legislation that will permit the Chief Justice “to summarily dismiss Parish Court, Supreme Court and Court of Appeal Judges who fall asleep once while sitting on the bench.” Which of the following statements is correct?

(b) The legislation may be valid with respect to Supreme Court Judges because of the doctrine of separation of powers; (c) The legislation may be valid with respect to Court of Appeal Judges because the Court of Appeal is not deeply entrenched; (d) The legislation may be valid with respect to all three courts because judges should not sleep on the bench; (e) The legislation will not be valid with respect to any of the courts because the Constitution requires a two-thirds majority vote to amend laws pertaining to courts. 24.

Which of the following statements concerning the case of The Attorney General of Barbados v. Boyce and Joseph decided by the Caribbean Court of Justice is most likely to be correct?

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( ; (b) In no circumstances may a treaty give rise to rights to individuals on the domestic plane; (c) The decision of the Court in the case of The Attorney General of Barbados v. Boyce and Joseph is automatically binding on the State of Jamaica; (d) The decision of the Court in the case of The Attorney General of Barbados v. Boyce and Joseph effectively abolishes the death penalty in Barbados; (e) The decision of the Court in the case of The Attorney General of Barbados v. Boyce and Joseph places international law in a predominant position to the common law in all cases concerning Barbados. 25. Add together the number of judges who normally sit as part of the “Full Court” of the Supreme Court, the number of judges who normally consider each Jamaican case in the Court of Appeal, and the number of Judges who normally hear each case in the Privy Council. What is the result? (a) (b) (c) ( (e)

3; 5; 9; 13.

26. The Director of Public Prosecutions (DPP) of Jamaica brings criminal charges against Tom Tott, a citizen. The DPP prevails at first instance, but, on appeal to the Court of Appeal, Tom Tott wins. The DPP wishes to appeal further to the Privy Council. May she do so? (a) Yes, provided that the case concerns a felony charge; (b) Yes, provided that the matter has been brought on indictment;

(d) No, because the State may only appeal from first instance decisions to the Court of Appeal; (e) In some circumstances the DPP may bring the appeal on grounds of fairness and equity. 27. Which of the following courts normally operate at the level of the Parish Court in Jamaica? (a) ( (c) (d) (e)

The The The The The

Circuit Court, Traffic Court, Family Court, Children’s Court; Coroner’s Court, Family Court, Drug Court, Traffic Court; Coroner’s Court, Circuit Court, Family Court, Traffic Court; Family Court, Traffic Court, Revenue Court, Gun Court; Gun Court, Circuit Court, Family Court, Coroner’s Court.

28. The Caribbean Court of Justice has two jurisdictions. What are they? (a) Final and compulsory jurisdiction;

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(b) Final and mandatory jurisdiction; (c) Original and final jurisdiction; (e) Appellate and parish jurisdiction.

29. Sean X and Christine Y organize a “dancehall-style” party. At the party, Christine Y accuses Sean X of serving free soup to his friends, and of ignoring her friends. In response, Sean X slaps Christine Y in the face. Christine Y reports the matter to the police. A court at what level in the hierarchy of courts will, in all likelihood, hear the case of R v. Sean X, what word in Latin is denoted by the letter “R” in the case name, and what would be a suitable award if Sean X is found guilty as charged concerning the slap? (a) High Court, Rex , J$500,000; (b) Parish Court, Rex, J$20,000; ; (d) Parish Court, Respondeat, J$20,000; (e) High Court, Respondent; J$200,000. 30. Section 45(8) of the Representation of the People Act reads as follows: “(8) Whenever on (the) final count of votes, an equality of votes is found to exist between any two or more candidates and an additional vote would entitle one of such candidates to be declared elected, the returning officer shall give such additional vote. ” An election takes place in Jamaica and there is a tie. How would you advise the returning officer to proceed to break the tie? (a) (b) (c)

He should spin a coin, and use that as his guide; He should place the two names in a box and conduct a “blind” draw; this would be his guide; He should vote for the party of his personal preference;

(e)

None of the above.

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