MIDDLESEX UNIVERSITY MAIN EXAMINATION PAPER 2015 LAW % weighting

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1 MIDDLESEX UNIVERSITY MAIN EXAMINATION PAPER 2015 LAW % weighting BUSI NESS LAW Elliot Schatzberger Time allowed: 3 Hours Total number of questions: 20 Multiple Choice in Section One and 6 short questions in Section 2 Instructions to candidates: Answer ALL questions from SECTION ONE AND any FOUR questions from SECTION TWO Materials provided: None Equipment permitted: None Total number of pages: 6 No books, paper or electronic devices are permitted to be brought into the examination room other than those specified above. Candidates are warned that illegible scripts will not be marked. SECTION ONE MULTIPLE CHOICE QUESTIONS PLEASE ANSWER ALL QUESTIONS CIRCLING THE CORRECT ANSWER ON THE EXAMINATION PAPER. Each question carries 1 mark [Total 20%] WHEN YOU HAVE FINISHED PLEASE ATTACH THE EXAMINATION PAPER WITH THE CIRCLED QUESTIONS TO THE MAIN ANSWER BOOKLET WITH THE TAG PROVIDED 1

2 Multiple Choice Questions Answer all questions. Circle only ONE answer for each question 1. English Law is based on: a. The Code Civile b. Napoleonic law c. European Law d. Common Law 2. The Civil Law system in Europe was introduced originally by: a. Napoleon Bonaparte b. The Emperor Justinian c. William the Conqueror d. William Hague 3. A key area of Public law is: a. Constitutional Law b. Tort Law c. Family Law d. Contract Law 4. The European Court of Justice decision in Factortame suggested that: a. An English statute contradicted European Law and should be amended b. European Law contradicted an English statute and should be amended c. English law has nothing to do with European Law d. The UK should not be a member of the European Union 5. Ratio decidendi is the part of a case that: a. Should be followed by lower courts b. Should be ignored by lower courts c. Is only persuasive d. Decides the amount of damages to be awarded 2

3 6. English Law does not apply in: a. Cardiff, Wales b. Glasgow, Scotland c. Manchester, England d. Swansea, Wales 7. The doctrine of precedent means that judges should: a. Make decisions fairly b. Look back at previous decisions c. Consult other judges d. Refer any queries they have to the European Court of Justice 8. One of the powers of a judge, in relation to an earlier case is that the judge may: a. Overrule b. Overall c. Override d. Overreach 9. In Hinz v Berry [1970], the Barrister acting for Mr Berry was: a. Carter b. Carman c. Cartman d. Carwash 10. To become a Statute, a Bill may be produced from a: a. Pink paper b. Yellow paper c. Black paper d. Green paper 11. An EC Treaty Regulation: a. Needs to be implemented by the member state b. Does not need to be implemented by the member state, it is law when published by the EC c. Is not binding on member states d. None of the above 3

4 12. The court below that is the lowest ranked in the English Legal System is: a. The High Court b. The Court of Appeal c. The Supreme Court d. The County Court 13. In the case of Smith v Hughes [1960], the two prostitutes would probably have been found NOT guilty if the judge had applied: a. The Over Rule b. The Golden Rule c. The Literal Rule d. The Mischief Rule 14. The case about a snail in a bottle which caused a consumer to become ill was: a. Pepper v Hart b. Fisher v Bell c. Donoghue v Stevenson d. Adler v George 15. The Golden Rule allows Judges to: a. Ignore precedent b. Follow the ordinary meaning of the words in a Statute c. Take a broader approach if following the ordinary meaning makes the outcome absurd d. Refer to European Law 16. A Judge for statutory interpretation purposes can use reports of Parliamentary debates known as: a. Hanson b. Handsome c. Hansard d. Handsoff 4

5 17. Which of the following can a judge NOT do: a. Overrule a Statute b. Consult the European Court of Justice c. Follow the ordinary words in a statute d. Look at Parliament s intention 18. In the case of Adler v George which rule of statutory interpretation was used: a. Mischief b. Literal c. Golden d. All of the above 19. A civil case where the claim is worth 10,000 will first be heard in: a. The High Court b. The County Court c. The Small Claims Court d. The Supreme Court 20. How many dinners must a law student attend at the Inns before being called to the Bar: a. 9 b. 10 c. 11 d. 12 5

6 SECTION TWO QUESTIONS BELOW SECTION TWO please answer any FOUR QUESTIONS 1) In Business, contracts will contain a number of terms. Explain how the common law distinguishes between conditions warranties and innominate terms and how this affects any possible remedies. 2) If an accountant gives negligent advice to a client, it may be possible for the client to sue the firm for damages. Explain the law on vicarious liability to illustrate how a firm may be found liable for its employee s negligence. 3) Companies may decide to raise capital through fixed and floating charges. Explain what these charges are, and how they are created and protected. Also explain the priority order in which creditors will get their money back in the case of the company being liquidated. 4) Only an employee has the right not to be unfairly dismissed [s94 Employment Rights Act 1996]. Explain the common law status tests which help a court to decide whether a worker is an employee. 5) Under the Companies Act 2006 s , Directors can be held liable for breaching their statutory duties. Explain these duties referring to these sections of the CA ) If a company is in financial trouble it may put into administration. Describe the process of administration and the role of the administrator. END OF PAPER 6