UNIVERSITY OF BOLTON BOLTON LAW SCHOOL LLB (LAW) WITH FOUNDATION SEMESTER 2 EXAMINATION 2017/18 CORE LEGAL PRINCIPLES SEVEN KEY AREAS

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1 UNIVERSITY OF BOLTON TW11 BOLTON LAW SCHOOL LLB (LAW) WITH FOUNDATION SEMESTER 2 EXAMINATION 2017/18 CORE LEGAL PRINCIPLES SEVEN KEY AREAS MODULE NO: LAW3505 Date: Wednesday 23 rd May 2018 Time: am INSTRUCTIONS TO CANDIDATES: There are 35 questions on this paper. Answer 35 questions ONLY in the answer book provided. All questions carry the marks indicated. This examination will last 90 minutes. To each question there is only ONE correct answer. If you give more than one answer for any multiple choice question you will receive NO marks for that question. Should you wish to qualify your multiple choice answer, please write your qualification in the answer book. Make it clear which question your qualification applies to. Only perform this task if you truly believe it to be necessary. ANY ANSWERS NOT WRITTEN IN THE ANSWER BOOK WILL NOT BE MARKED. Answers must be completed in the student answer book provided. For example for question 1 write 1 in the left margin followed by the appropriate letter which indicates your answer (a. to d.) on the lined page. Answers not entered in the answer book will be marked as incorrect. Both question paper and answer book must be handed in at the end of the examination.

2 Page 2 of 14 The multiple choice test amounts to 100% of your mark in this examination.

3 Page 3 of 14 Criminal Law 1. In which court are indictable only offences tried? Crown Court Magistrates Court European Court of Human Rights Royal Court of Justice 2. Actus Reus is the Latin term for what? Personal Act Guilty Act Mental Act Theft Act 3. Which case held that a crime is capable of being committed by omission? Woollin [1998] UKHL 28 Fagan v Metropolitan Police Commissioner [1969] 1 QB 439 Dear [1996] Crim LR 595 Miller [1983] 2 AC 161

4 Page 4 of Which case confirmed the test for virtual certainty? R v R (1991) UKHL 12 Woollin [1998] UKHL 28 Re A (conjoined twins) [2001] 2 WLR 480 R v Brown [1993] UKHL The mental element of a crime is known as what? Actus Reus Mens Rea Causation Oblique Intention Contract Law 6. What is the name of a contract where both parties assume obligations? Unilateral Contract Bilateral Contract Dual Contract Multilateral Contract

5 Page 5 of Which of these cases is an example of a Unilateral Contract? Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] 1 QB 401 Partridge v Crittenden [1968] 1 WLR 1204 Fisher v Bell [1961] 1 QB 394 Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 8. Which of these is an essential element for the formation of a contract? Consideration Termination Innominate Terms Specific Performance 9. The use of innominate terms were established in which case? Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7 Bettini v Gye (1876) 1 QBD 183 Bunge Corporation v Tradax Export SA Panama [1981] UKHL 11 Esso Petroleum Co Ltd v Mardon [1976] EWCA Civ 4

6 Page 6 of Which of these is NOT a remedy for breach of contract? Specific performance Injunction Rescission Mistake Public Law 11. What type of system is governed constitutionally as one single unit, with one constitutionally created legislature? Unitary System Federal System Political System Legal System

7 Page 7 of Which Act gave powers to a new Scottish Parliament to legislate on certain matters, within the ambit of the Act? Scotland Act 1958 Scotland Act 1978 Scotland Act 1998 Scotland Act Which Act allowed individuals access to the courts when alleging that a public body has acted unlawfully? Representation of the Peoples Act 2000 Human Rights Act 1998 Constitutional Reform Act 2005 Supreme Court Act Which of these is NOT a characteristic of the British Constitution? Unwritten Flexible Unitary Written

8 Page 8 of Which of these is NOT a remedy for Judicial Review? Injunctions Quashing Order Mandatory Order Public Order EU Law 16. Which was the first treaty to establish the European Union? The Treaty of Lisbon The Treaty on European Union The Treaty of Amsterdam The Treaty establishing the European Coal and Steel Community 17. What is NOT a secondary source of EU law? Treaties Regulations Directives Recommendations and Opinions

9 Page 9 of When can the free movement of services be limited? Never On grounds such as public health, public policy and public interest When the recipient is an EU national When national services would make less money 19. What principle was established in the case of C-6/64 Costa v ENEL [1964] ECR 585? The free movement of goods Supremacy of EU law Equal treatment Brexit 20. What is state liability? Only states are liable for offences committed by their citizens As states are sovereign, they can do whatever they want When one state interferes into the affairs of another state, the affected state can claim damages When an individual suffers loss due to a state s breach of EU law, they can seek damages

10 Page 10 of 14 Land Law 21. Which case said that in deciding the issue of whether an item is a fixture or chattel, look beyond the two key tests of degree and purpose of annexation? Botham v TSB Bank plc [1997] 73 P&CRD 1 Crabb v Arun DC [1976] Ch 179 Yaxley v Gotts [2000] Ch 162 Ramsden v Dyson (1866) LR 1 HL A person entitled to benefit from a trust is a... Trustor Beneficiary Manager Man 23. Which of the following is a document issued by the Land Registry to the proprietor of registered land as proof of his ownership of it? ID card Drivers License Planning Map Land Certificate

11 Page 11 of Which is an interest in property created as a form of security for a loan or payment of a debt and terminated on payment of the loan or debt? Credit Mortgage Guarantee Warranty 25. What is a legally binding agreement that arises as a result of offer and acceptance? Contract Handshake Marriage Trust Equity and Trusts 26. What was the significance of strict settlement? It prevented women from being kicked out of their homes It allowed land to remain in one family by descending through the eldest male line It marked the boundaries of people s land ownership It prevented unfair gambling

12 Page 12 of Why should you not judge the significance of a case by the quantity of cases? Prior to the internet being invented, cases could not be recorded effectively The quantity of cases signals how widespread problems were in society Litigation was limited by social and economic restraints so only certain people with certain problems had access to the courts It is impossible to measure the quantity of cases 28. Which of the following is an equitable remedy? Grant of specific performance Incarceration Litigation Separation of duties 29. What are fiduciary duties? Obligations of conductors Financial benefits granted to property owners by registration Wage payments in lieu They hold trustees (but now also many others) to certain standards of behaviour in the management of trust property

13 Page 13 of How did the Judicature Acts of 1873 and 1875 influence the relationship between equity and common law? They merged the two into one principle They separated the two principles They prevented double jeopardy situations in which remedies in common law could no longer be appealed in equity They brought equity and law into relation with each other by sharing the same court structure Tort Law 31. A person who has committed a tort is known as a what? Tortfoyer Tortfeasor Offender Tortwronger 32. To prove a private nuisance has occurred, or is occurring, which of these elements does not need to be present? Continuous interference Unlawful or unreasonable interference Lawful or Reasonable interference Interference of the use or enjoyment of land or some right over it

14 Page 14 of In which case can you find the definition of public nuisance? Attorney General v PYA Quarries [1957] Fagan v Metropolitan Police Commissioner [1968] Rylands v Fletcher (1868) Donoghue v Stevenson (1932) 34. Fagan v Metropolitan Police Commissioner (1969) 1QB 439 is an example of what offence? False Imprisonment Battery Trespass Public Nuisance 35. Which case laid down the Neighbour Principle? R v White [1910] Donoghue v Stevenson (1932) Barnett v Kensington & Chelsea Management Committee (1969) Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co ( The Wagon Mound No.1 ) [1961] END OF EXAM