CAPE Law Unit 1 · 2009 · Paper 2

18 questions and parts from this paper. Open one to see it in full, then practise it on Quelpr and get it marked against the mark scheme.

1. 1(a)10 marksOutline your address on the relationship between 'common law' and 'equity', referring to an appropriate example or decided case.
2. 1(b)(i)5 marksOutline the source of power of the High Court in a named Commonwealth Caribbean jurisdiction to declare Acts of Parliament void as being in conflict with the fundamental rights provision.
3. 1(b)(ii)5 marksOutline the source of power of the High Court in a named Commonwealth Caribbean jurisdiction to review constitutional contraventions that do not involve the fundamental rights provision.
4. 1(c)10 marksOutline the distinction between 'voluntary manslaughter' and 'involuntary manslaughter', giving one example of each.
5. 225 marksExplain the statement: "The doctrine of judicial precedent, the principal way in which the law develops in Caribbean Commonwealth jurisdiction, relies on the principle of stare decisis", using relevant cases to…
6. 325 marksExplain how the rules of interpretation are applied by judges in the interpretation of statutes and the presumptions they apply in this process.
7. 425 marksDiscuss the role and effectiveness of the Ombudsman in a named Commonwealth Caribbean State.
8. 5(a)4 marksIdentify the arms of government.
9. 5(b)21 marksExplain how the courts uphold the rule of law by holding any two arms of government accountable for their actions, supporting your answer by reference to decided cases.
10. 6(a)15 marksWith reference to decided cases, advise Davis whether he has a cause of action against the Comptroller of Customs.
11. 6(b)10 marksAdvise as to the remedy that should be sought.
12. 7(a)(i)10 marksWith reference to at least two decided cases, advise on the likely outcome of any action by Philip.
13. 7(a)(ii)6 marksAdvise on the nature of the orders sought, if any.
14. 7(b)9 marksExplain whether it would have made any difference to the answer to (a) if the Fire Service Act provided that the decision of the Chief Fire Officer in any matter pertaining to the organization of the Fire Service "shall…
15. 825 marksWith reference to at least three decided cases, discuss the circumstances when provocation is available as a defence.
16. 925 marksDiscuss the statement "The sentence must be proportionate to the offence", identifying and analysing two theories of sentencing, with specific reference to the sentencing of young offenders.
17. 10(a)18 marksAdvise Joe, with reference to decided cases and giving reasons, on whether he is liable for assault and rape.
18. 10(b)7 marksAdvise Joe, with reference to decided cases and giving reasons, on whether your advice would be different if he and Tara were married.