THE UNIVERSITY OF THE SOUTH PACIFIC

UNIVERSITY EXTENSION
 

EXAMINATION PAPER

SEMESTER 2 1999
 

 

 

 

 

COURSE TITLE:  LA 101  LEGAL  SYSTEMS  II

 

DURATION OF EXAM:

 

     3 Hours

 

TOTAL NUMBER OF PAGES:

 

      Three

 

MARK VALUE:

This examination carries a total of sixty (60) marks. Both sections A and B carry thirty (30) marks each.     

 

NUMBER OF SECTIONS:

 

      Two

 

NUMBER OF QUESTIONS:

 

       Eight (8)

 

NUMBER OF QUESTIONS TO BE

ANSWERED

 

Five: Two (2) compulsory questions from section A and three (3) from section B.

 

NOTES TO CANDIDATES

You are allowed to bring unannotated Readers for LA 101 into the Examination Room.

You are to do five questions altogether: the two (2) 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). Your answers to these two questions should be between six to twelve paragraphs.

 

QUESTION ONE.

The formal courts are classified as “appellate”, “principal”, or “subordinate”.

 

Explain the above terms and illustrate them by referring to the courts of any USP country of your choice. Your discussion should cover the structure, jurisdictions and functioning of the courts in the country of your choice.

(15 marks)

 

 

 QUESTION TWO.

Paradiso is a South Pacific country. It became independent from the United Kingdom on 1 January 1980.

 

The independence Constitution of Paradiso says that “principles of common law and equity in England, including the doctrine of stare decisis… form part of the laws of Paradiso”.  In the courts in Paradiso, lawyers commonly refer to the decisions of courts in England and other South Pacific countries, including Australia and New Zealand, and invite the Paradiso courts to follow such foreign judgments.

 

The structure and functioning of the court system in Paradiso is modeled on the English court system. The formal court system consists of a Court of Appeal, a High Court and a Magistrates Court.

 

Explain the two following doctrines and use the above fact scenario to show how  they would be practised  in the context of the court system of Paradiso:

 

1.      Stare decisis; and

2.      persuasive precedent.

(15 marks)

 

 

 

SECTI0N B

This section contains six  optional  questions. You are required to answer three (3) questions only from this section. Each question in this section carries ten (10) marks so the total number of marks for this section is thirty (30). Your answers to these questions should be between four to nine paragraphs.

 

QUESTION THREE

Courts are set up by states so that they may settle disputes by determining whether or not the law has been broken. States also set up other bodies called ‘quasi-judicial’ bodies, such as commissions and tribunals, whose work also involve deciding whether or not the law has been broken.

 

Identify and explain the factors that distinguish courts from ‘quasi-judicial’ bodies.

(10 marks)

 

QUESTION FOUR

“Establishment by law” is an important common law and constitutional requirement for the functioning of courts.

 

Discuss the meaning of this phrase. In your discussion, you must refer to cases and to provisions of legislation in order to show support for your arguments.

(10 marks)

 

 

QUESTION FIVE

Court proceedings are commonly classified into “civil” and “criminal” proceedings.

 

You are required to:

1.      explain what “criminal proceedings” are; and

2.      outline the seven basic procedures which are taken in the conduct of criminal proceedings.

(10 marks)

QUESTION SIX

The principle of “autrefois acquit” and “autrefois convict” is one of the most important principles which guide the way the courts work.

 

Explain the meaning of this principle and identify the essential requirements for its application.

(10 marks)

QUESTION SEVEN

Identify and explain five rules for statutory interpretation which are usually found in Interpretation Acts.

(10 marks)

 

 

QUESTION EIGHT

 

You are a magistrate.

 

The prosecution has just finished its case in your court. The  trial is for a charge of  unlawful sexual assault  contrary to the Penal Code. The only witness for the prosecution is the complainant herself. She is a fifteen –year old girl. She told  the court that last Friday she was alone and on her way home from school when she met the accused whom she knows well. He stopped her for a chat and while sharing a joke, he touched her “inappropriately in various places” and against her will. You find the complainant to be truthful and her evidence to be compelling. The accused denies the charge and refuses to give evidence.

 

You are now considering your decision. Can you convict the accused based on the complainant’s evidence alone? If so, how should you deal with such evidence?

 

Answer these questions. You must refer to cases to support your answers.

(10 marks)

 

 

 

 

 

 

 

 

 

End of Examinations