CAPE Law Unit 1 · 2013 · Paper 2

13 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)15 marksWith reference to ONE decided case, describe the court structure in a named Commonwealth Caribbean state, showing how it facilitates the doctrine of precedent.
2. 1(b)10 marksDiscuss the advantages and disadvantages of the use of precedent by judges in deciding cases that come before them in the courts of the Commonwealth Caribbean state named in (a) above.
3. 2(a)20 marksWith reference to ONE decided case or example for EACH rule, explain the THREE rules of statutory interpretation that Justice Silas must consider in coming to his decision.
4. 2(b)5 marksIdentify which rule Justice Silas could apply, giving reasons for your answer.
5. 3(a)12 marksWith reference to at least ONE decided case, explain whether Parliament or the Constitution is supreme in Commonwealth Caribbean states.
6. 3(b)13 marksDiscuss the constitutional framework for protection of public servants under Commonwealth Caribbean constitutions, using examples or decided cases to support your discussion.
7. 4(a)10 marksDiscuss the factors that the courts take into account in determining locus standi in judicial review applications, referring to TWO decided cases.
8. 4(b)15 marksAdvise Bill on any grounds he may have for judicial review.
9. 5(a)20 marksWith reference to TWO decided cases for each offence, advise Brian on whether he is liable for assault and rape.
10. 5(b)5 marksWould your advice be different if Brian and Martha were married? Give reasons to justify your answer.
11. 6(a)12 marksExplain, with reference to decided cases or examples, the circumstances in which an omission may render a person criminally liable at common law.
12. 6(b)(i)7 marksDiscuss the special defence of Provocation available on a charge of murder, referring to ONE decided case.
13. 6(b)(ii)6 marksDiscuss the special defence of Diminished responsibility available on a charge of murder, referring to ONE decided case.