CHARLEMONT HIGH SCHOOL

CARIBBEAN ADVANCED PROFICIENCY MOCK EXAMINATION

UNIT 1 - PUBLIC LAW

Paper 01
1 hour 30 minutes

READ THE FOLLOWING INSTRUCTIONS CARE FULLY.

1. This test consists of 45 items. You will have 1 hour and 30 minutes to answer them.

2. In addition to this test booklet, you should have an answer sheet.

3. Do not be concerned that the answer sheet provides spaces for more answers than there are items
in this test.

4. Each item in this test has four suggested answers lettered (A), (B), (C), (D). Read each item
you are about to answer and decide which choice is best.

5. On your answer sheet, find the number which corresponds to your item and shade the space
having the same letter as the answer you have chosen. Look at the sample item below.

Sample Item

The term 'stare decisis' means Sample Answer

(A) reason for deciding

(B) let the decision stand
(C) through a lack of care
(D) offhand comments by a judge

The best answer to this item is "let the decision stand", so (B) has been shaded.

6. If you want to change your answer, erase it completely before you fill in your new choice.

7. When you are told to begin, turn the page and work as quickly and as carefully as you can. If
you cannot answer an item, go on to the next one. You may return to that item later.

DO NOT TURN TIDS PAGE UNTIL YOU ARE TOLD TO DO SO.

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1. Which of the following statements 4. Which of the following sequences shows

BEST describes the practice of law in the the order of precedence for the following
Commonwealth Caribbean today? courts?

(A ) It varies from country to country. I. High Court

(B) In some countries, the influence of 11. Magistrates' Court
French, Roman-Dutch Law and III. Court of Appeal
English Common Law exists.
( C) It has changed drastically since (A) II, I IIl
the countries g ained their (B) I, II, III
independence. (C) III, I, II
(D) Vestiges of the laws of the (D) III, II, I
indigenous peoples and African
enslaved peoples remain.
5. Judges of the High Court are also known
as
2. Which of the following statements is
applicable to 'positive law'? (A) Registrars
(B) Magistrates
(A) It must be obeyed even ifrepressive. (C) Puisne Justices
(B) It is shaped by a supreme divine (D) Justices of Appeal
being.
(C) It provides a rational foundation for
moral behaviour. 6. In which of the following courts can a
(D) It is associated with the ancient citizen whose constitutional rights have
Roman philosopher, Cicero. been breached bring an action for judicial
review?

3. West Indian law and legal systems evolved (A) High Court
from (B) Privy Council
(C) Court of Appeal
(A) natural law (D) Magistrates' Court
(B) the Civil Code
(C) judicial precedent
(D) morality and religion 7. Which of the following reasons BEST
explains why a sentence of death has been
held to be unconstitutional?

(A) The mandatory nature of the death

penalty
(B) The cruel nature of the death
penalty
(C) The delay between sentencing and
execution
(D) The failure to permit an appeal to
a human rights body

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8. The phrase 'no man is above the law' is 12. The judge, in sentencing the defendant, said
associated with the to h.im, "Be careful of your associates".

(A) rule of law There was no evidence, however, that the

(B) ultra vires doctrine defendant's association with these persons
(C) separation of powers affected the decision in the case.
(D) supremacy of the constitution
The judge's statement could be described
as
9. Which of the following features would
normally distinguish a 'legal rule' from a (A) ultra vires
'moral rule'? (B) stare decisis
(C) obiter dictum
(A) Synonymous with ethics (D) ratio decidendi
(B) Enforced by state authority
(C) Focus on personal or cultural
values 13. Which ofthe following persons is likely to
(D) Obeyed because of the threat of be empanelled as a juror?
social exclusion
(A) Mrs Parson, a dressmaker and
community worker
10. "Any person who parks a motor vehicle of (B) Mr Cyrus, a convicted felon who
any kind three metres from a school gate served a five-year sentence
will be fined a sum not exceeding $3000." (C) Mr Brown, a Justice of the Peace
and also a retired police officer
This is an example of the legal theory of (D) Mrs Hesden, a well-known talk
show host who is a sister of the
(A) norms Chief Justice
(B) obligations
(C) natural law
(D) positive law 14. Janet owes her cousin, Justin, six months'
rent. Justin wants to recover the outstanding
rent and seeks legal advice. He is not too
11. Paul was stopped by a police officer, keen to take Janet to court. His BEST
taken to the police station where he was option, if he wants to maintain cordial
questioned continuously for 72 hours and relations with his cousin, would be
then released. Which of following is the
IDGHEST source oflaw that gives Paul the (A) eviction
right to bring an action against the police? (B) litigation
(C) mediation
(A) Equity (D) arbitration
(B) Custom
(C) Constitution
(D) Private international law

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15. Rob retains the services of an attorney, 19. Which of the following is NOT a feature
Sups, to represent him in a case of simple of Caribbean constitutions?
larceny of property belonging to Ziggy.
Rob overhears Ziggy and Sups discussing (A) Certain constitutional provisions
the case in the hallway. Rob dismisses Sups are entrenched.
and informs him that he will sue him. Sups (8) Inherent supervisory functions
replies, "Go ahead, the case will only be are possessed by the Industrial
thrown out of court." Court.
(C) Origin al ,jurisdiction is given
What action can Rob take against Sups? to the Supreme Court in all
constitutional matters.
(A) Disbar him. (D) Salaries and conditions of service
(B) Sue him for defamation. of judges are safeguarded by the
(C) Sue him for breach of duty. constitution.
(D) Report him to the Attorney General.

20. Which of the following philosophers

16. The important provisions of the constitution is associated with the doctrine of the
are protected from being easily altered by separation of powers?
the use of
(A) Hume
(A) referenda (8) Rawls
(B) entrenchment (C) Confucius
(C) judicial review (D) Montesquieu
(D) parliamentary legislation

21. An independent judiciary is indispensable

17. Which of the following persons is the for the protection of the right to
MOST famous proponent of the rule of
law? (A) legal redress
(B) a fair hearing
(A) Dicey (C) a speedy trial
(B) Fiadjoe (D) presumption of innocence
(C) Aristotle
(D) Halsbury
22. Which of the following is an executive
function of a government?
18. All legislation in Commonwealth Caribbean
territories is subject to judicial review for (A) Interpreting the law
conformity with the constitution. On what (8) Deciding national policy
constitutional doctrine is this decision (C) Selecting a political party
based? (D) Hearing appeal from the High Court

(A) Rule of law

(B) Security of tenure
(C) Independence of the judiciary
(D) Supremacy of the constitution

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23. Brenda is staging a peaceful picketing 26. In a recent case, the D irector of Public
exercise with some members of her party Prosecutions (DPP) ruled that a certain
outside the office of the president. Some public officer, his uncle, should not be
policemen approach them, take away prosecuted for serious allegations of
their placards and tell them they ought corruption. Members of the public are
not to say those negative things about the angry at the decision and are clamouring
government. The policemen also tell them for the DPP's removal. The DPP may be
that they should disperse and not return. removed from office

Which of Brenda's fundamental rights are (A) on the instructions of the Chief
being infringed? Justice
(B ) with a revocation of appointment
I. Freedom of expression by the Minister of Justice
II. Freedom of assembly (C) temporarily, while a hearing into
III. Right to privacy the alleged misbehaviour is in
process
(A) I and II only (D) because of inability to discharge the
(B) I and III only functions of the office on account
(C) II and III only of misbehaviour
(D) I, II and III

27. The Minister of Education decides to

24. Busta, a prisoner on death row for over uphold the principal's expulsion of a
ten years, has been awaiting the hearing of student from school. The student may
his appeal and is now quite frustrated. He challenge the decision by way of using
seeks advice on what is meant by 'cruel,
inhumane and degrading treatment', of (A) an action in tort
which he claims to be a victim. (B ) an action of negligence
(C) a criminal law application
Which of the following cases can assist in (D) a judicial review application
advising him?

(A) Hinds v. R [1977] 28. For the past 12 years, Nadine has been
(B) Thomas v. AG [1981] applying to the chairman of the community
(C) Collymore v. AG [1970] council for a licence to sell liquor. On each
(D) Pratt and Morgan v. AG [1993] occasion, she was granted the licence. In
2019, Nadine applied to the chairman of the
community council who refused to grant
25. The prime minister of a Commonwealth the licence. Nadine can claim that this is
Caribbean state was charged with tax a breach of her
evasion, found guilty and sentenced to
six months in prison. This was possible (A) contract
because of the principle of (B ) right to appeal
(C) legitimate expectation
(A) equity (D) fundamental rights and freedoms
(B) the rule of law
(C) constitutional supremacy
(D) parliamentary sovereignty

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29. The rules made by the local plumbing 32. For which of the following offences does
council prohibit a plumber from adve1tising recklessness suffice as mens rea?
his services to the public. The fundamental
right implicated by this rule is freedom of (A) Murder
(B) Grievous bodily harm
(A) person (C) Voluntary manslaughter
(B) assembly (D) Involuntary manslaughter
(C) movement
(D) expression
33. To which of the following offences is the
act of agreement an essential element?
30. The Allocation of Funds for Road Act
provides that the minister may use funds (A) Attempt
from the toll road fund to build roads. (B) Inchoate
The minister gave the money to another (C) Incitement
ministry to build a new community centre. (D) Conspiracy
Harold, a community worker, seeks to
challenge this decision by judicial review.
34. Where Paula kills Quin with the requisite
Which of the following grounds can he use? intention but it is found upon trial that she
was provoked, Paula is guilty of
(A) Bad faith
(B) Improper purposes (A) murder
(C) Improper delegation (B) grievous bodily harm
(D) Irrelevant consideration (C) voluntary manslaughter
(D) involuntary manslaughter

31. In determining criminal liability, there must

have been on the part of an accused, 35. The basic tenet of a criminal law trial is
that
(A) a state of mind to commit the crime
(B) preliminary steps taken to create a (A) there is no duty to retreat in self­
state of affairs defence
(C) coincidence of a guilty mind and (B) the onus is on the state to prove
the creation of a state of affairs guilt beyond reasonable doubt
which brings about the crime (C) the crown must prove its case on a
(D) a creation of a state of affairs which balance of probabilities
brings about the crime, whether (D) accidental death of a victim may
intended or not be considered by the court

\
'

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36. Which of the following is NOT an inchoate 40. Which of the following situations BEST
offence? describes an assault under the common
law?
(A) Assault
(B) Attempt (A ) Mark stabs Mary in the stomach
(C) Incitement causing severe blood loss.
(D) Conspiracy (B) Mark threatens to 'settle' Mary if

! (C)
she continues to anger him.
Mark slams the door in Mary's
l 37. Which of the following elements are
fundamental to inchoate offences?
face squeezing her hand in the
process.
(D) Mark touches Mary to get her
I. Procures attention and she is offended by
II. Counsels his touch.
III. Aids and abets

(A) I and II only 41. Sandra points a gun at her long-time enemy,
(B) I and III only Amanda. Sandra is LIKELY to be
(C) II and III only
(D) I, II and III (A ) found guilty of an assault
(B) able to claim self-defence
(C) found not guilty of an offence
38. Which of the following is an element of the (D) held liable for attempted murder
common law definition of murder?

(A) Suitable victim 42. Shamar who is Allison's friend enters her
(B) Unlawful killing house for dinner. After dinner, he removes
(C) Objective recklessness his clothing and menacingly tells her, "You
(D) Intentional provocation know what I want." Allison is afraid for
her life and removes her clothing. The two
engage in sexual intercourse. Shamar is
39. Which of the following theories of
sentencing seeks to discourage a particular ( A) guilty of rape
offender from committing another crime? (B) guilty of assault
(C) not guilty of rape since no force
(A) Prevention was used
(B) Rehabilitation (D) not guilty of rape since Allison
(C) General deterrence invited him over
(D) Individual deterrence

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43. Abba Manufacturing Company manufac­ 44. In which of the following situations could
tured a device called platum and advertised a person be liable for 'omission to act'?
it for sale. It is an illegal device, and could be
used by drivers to detect police radars from I. John fails to take care of his ailing
a distance. Abba Manufacturing Company grandmother who lives at his
has been charged for advertising platum for home and she dies.
sale, contrary to law. II. Melissa does not feed her new-born
baby and the baby dies.
What is the MOST likely offence for which lll. Margaret fails to pay her taxes
Abba Manufacturing Company may be owed to the government.
charged?
( A) I only
(A) Attempt (B) II only
(B) Contempt (C) I and II only
(C) Incitement (D) I, II and III
(D) Conspiracy

45. Which of the following types of sentences

is a juvenile offender MOST likely to
receive?

(A) Deterrent
(B) Prohibitive
(C) Retributive
(D) Rehabilitative

ENDOFTEH

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