The University of the South Pacific          
Examinations
Semester 1 2002
Emalus Campus
 

 

 

SCHOOL OF LAW

 

 

COURSE NAME:                                   LEGAL SYSTEMS I

 

 

COURSE NO:                                        LA 100 

 

 

TIME ALLOWED:                                  THREE (3) HOURS

 

 

READING TIME:                                    TEN (10) MINUTES

 

 

NUMBER OF PAGES:                             FOUR (4) (including cover page)

 

 

NUMBER OF QUESTIONS ON PAPER:        SEVEN (7)

 

 

NUMBER OF QUESTIONS TO BE ANSWERED: FIVE: THE TWO (2) COMPULSORY QUESTIONS IN SECTION “A” AND ANY THREE (3) FROM SECTION “B”.

 

 

MARK ALLOCATED FOR EACH QUESTION: THE TWO QUESTIONS IN SECTION “A” CARRY FIFTEEN (15) MARKS EACH AND THE THREE QUESTIONS IN SECTION “B” CARRY TEN (10) MARKS EACH.

 

 

TOTAL MARKS:                                                SIXTY (60) MARKS

 

 

MATERIALS PERMITTED IN EXAMINATION ROOM:  UNANNOTATED OR UNMARKED LA 100 READER VOLUME 1 & READER VOLUME 2

 

SPECIAL INSTRUCTIONS: You are to do five questions only: the two (2) compulsory questions in Section A and any three (3) questions in section B.

SECTION A

 

The two (2) questions in this section are compulsory. Each carries fifteen (15) marks so the total number of marks for this section is thirty (30). The recommended length of answers to these two questions should be between five to twelve paragraphs for each question.

 

 

QUESTION ONE

 

With reference to a USP country of your choice, you are required to do the following:

 

(a) Firstly, identify and describe the main forms or types of laws that exist in that country in the post-dependency or contemporary period. In your discussion, refer to Constitutional or statutory provisions or case laws that provide for the existence of each form or type of law; and

 

(b) Secondly, explain the order of importance or hierarchy of all the different forms or types of laws that you have identified. In your discussion, refer to constitutional or statutory provisions or case laws to support your arguments.      

 

                                                                                                            (15 marks)

           

           

QUESTION TWO

 

Identify and explain the following:

 

(a) Four features which the courts impose or recognise for the application or enforcement of local customs in England; and

 

(b) Four conditions which Constitutions, legislation or cases impose for the recognition and application of customary laws in countries of the USP region.

 

Then compare or contrast the four features recognised in England with those conditions which you’ve identified as being applicable in countries of the USP region.

 

(15 marks)

 

 

************************

SECTI0N B

 

This section contains five (5) questions. You are required to answer only three (3) questions from this section. Each question in this section carries ten (10) marks so the total number of marks for this section is thirty (30). The recommended length of your answers to these three questions should each be between three to nine paragraphs long.

 

 

QUESTION THREE

 

Draw a diagram to illustrate the classification of laws based on the “Extent or Scope of Application of Laws.” Then, identify and briefly describe the main features of that classification.   

(10 marks)

 

QUESTION FOUR

 

Explain in your own words the essence of the positivist view of law(s) and then relate the impact of that theory to legal developments in England and in USP countries.

 

 (10 marks)

QUESTION FIVE

 

The basic rule concerning the relationship between laws is expressed in the Latin maxim leges posteriores priores contrarias abrogant (‘later laws abrogate earlier laws to the contrary’). Explain how this rule operates and what exceptions apply in connection with abrogation of written Constitutions. Support your discussion of these by referring to provisions of Constitutions or of relevant cases which have been decided in Commonwealth countries.            

(10 marks)

 

 

QUESTION SIX

 

With reference to provisions of the Constitutions or legislation of a country of your choice and cases at common law, identify and explain five circumstances under which subsidiary legislation may be invalidated by the courts in countries of the USP region.   

(10 marks)

QUESTION SEVEN

 

Discuss any five of the following words or phrases listed below, as used in the context of the LA100 course. Where appropriate, illustrate your discussions by use of one or two examples.

a)    Substantive laws

b)    Procedural Laws

c)     Prerogative Laws

d)    Doctrine of Parliament Sovereignty/Supremacy

e)     Colonial Laws

f)       Declaratory Theory

g)    Rules of Common Law

h)     Principles of Equity

i)        Constituent Laws

j)        Statutes of General Application

k)      Incorporated Person

l)        Legal Capacity

m)  Legal Incapacity

 

 (10 marks)

 

 

 

 

 

 

 

 

 

 

 

End of Examination Paper

&

Good luck!