The University of the South Pacific          
Examinations
Semester 2 - 1999
Emalus Campus
 

 

 

SCHOOL OF LAW

 

 

COURSE NAME:                                   LEGAL SYSTEMS II

 

 

COURSE NO:                                        LA101

 

 

TIME ALLOWED:                                  Three (3) Hours

 

 

READING TIME:                                    Twenty Minutes

 

 

NUMBER OF PAGES:                            Four (4),  including the cover page

 

 

NUMBER OF QUESTIONS ON PAPER: Eight

 

 

NUMBER OF QUESTIONS TO BE ANSWERED: Five (5)

 

 

MARK ALLOCATED FOR EACH QUESTION:     

 

The questions in section A carry fifteen (15) marks and those in section B carry ten (10) marks each.

 

 

TOTAL MARKS:                                    Sixty (60)

 

 

 

MATERIALS PERMITTED IN EXAMINATION ROOM: Unannotated or unmarked copies of LA 101 Readers.

 

 

 

 

SPECIAL INSTRUCTIONS:

You are required  to do  five (5) questions altogether: the  two compulsory questions in section A  and any three 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 long.

 

QUESTION ONE. 

With reference to legislation, describe the structure and explain the functioning and the jurisdictions of the courts in any USP regional jurisdiction 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 “principles of common law and equity in England, including the doctrine of stare decisis… form part of the laws of Paradiso.”

 

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. In proceedings before 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.

 

 

Explain the two following doctrines and use the above fact scenario to show how  they would be practiced  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 long.

 

QUESTION THREE

Courts are established by states for the purpose of settling disputes through determinations of whether or not there have been breaches of the law. However, states also set up other bodies called ‘quasi-judicial’ bodies, such as commissions and tribunals, whose work also involve deciding whether or not the laws of a state have been broken.

 

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

(10 marks)

 

QUESTION FOUR

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

 

Discuss this requirement with references to constitutional provisions from regional states and cases.

 (10 marks)

 

 

QUESTION FIVE

Court proceedings are commonly classified as either “civil” or “criminal”.

You are required to :

1.      explain the meaning of “civil proceedings”; and

2.      outline the seven general steps which are taken in the conduct of civil proceedings.

 

 

 (10 marks)

QUESTION SIX

The principle of ‘res judicata” is one of the most basic principles which guides the functioning of the courts.

 

Explain the meaning of this principle and identify four (4) essential requirements for its application.

(10 marks)

QUESTION SEVEN

Statutes and principles of common law and equity frequently empower the courts “to exercise a discretion.” These allow the courts to have choices in their decision-making. At the same time, this discretion should not be exercised on the bases of various factors.

With references to cases, identify and explain five (5) such factors.

 (10 marks)

 

 

QUESTION EIGHT

 

You are a High Court judge.

 

The petitioner has just concluded its case in your court. The  trial is for a petition for dissolution of marriage on the grounds of cruelty under the Matrimonial Causes Act. The petitioner wife alleges cruelty in that the respondent husband beats her and makes excessive demands for sex from her. She alone gave evidence on her behalf and gave detailed accounts of both physical abuse and excessive demands for sex. You find her to be a truthful witness and her evidence is very compelling. The respondent husband denies the allegation of cruelty in both forms but refuses to give evidence.

 

You are now considering your decision. Can you decide in favor of the petitioner based on her evidence alone? If so, how should you deal with her evidence?

 

Answer these questions and in doing so, refer to cases to support your answers.

(10 marks)

 

 

 

 

 

 

 

 

 

End of Examinations