THE UNIVERSITY OF THE SOUTH PACIFIC

UNIVERSITY EXTENSION

EXAMINATION PAPER

SEMESTER 2, 2002

COURSE TITLE: LA 101 LEGAL SYSTEMS II
DURATION OF EXAM:	3 Hours and 10 minutes reading time
TOTAL NUMBER OF PAGES:	Five (5)
MARK VALUE:	This examination carries sixty (60) marks. Sections A carries 20 marks and section B carries 40 marks.
NUMBER OF SECTIONS:	Two
NUMBER OF QUESTIONS:	EIGHT (8)
NUMBER OF QUESTIONS TO BE ANSWERED	Five: The compulsory question in section A and any four (4) in section B.
Special Instruction to Candidates You can bring unannotated or unmarked Readers for LA 101 into the Examination Room.

Signature: ________________________________ Date: _____________

(Senior Examiner/Course Coordinator)

Checked and endorsed by Department: ____________________________

(HOD’s Signature)
SECTION A

This section has only one question which is compulsory and it carries twenty (20) marks. The recommended length of answers to this question is around eight paragraphs or up to four pages of the examination answer book.

QUESTION ONE

Assume that the Republic of Solwota is a country in the USP region. It has a written Constitution, section 50 of which reads:

50. The administration of justice is vested in the judiciary, who are subject only to the Constitution and the law. The function of the judiciary is to resolve proceedings according to law.

The Courts Act Chapter 2 of the Republic of Solwota establishes the judicial system for the country, which consists of (in hierarchical order) the Court of Appeal, the High Court, the Magistrates’ Court and the Island Courts. The Courts Act also specifies the jurisdiction of these courts.

Of the Magistrates’ Court, the Act section 10 says:

Subject to the other provisions of this Act and of any other law for the time being in force, every Magistrates’ Court shall have and exercise jurisdiction in civil causes and matters for the time being set out in the schedule 1.

Schedule 1 of the Act includes “Petitions for Divorce, Custody and Maintenance. In cases concerning maintenance, the amount levied must take into account the ability of the defendant to pay and be sufficient to properly maintain the spouse and the children.”

As to the jurisdiction of the Island Courts, the Act section 20 says:

The civil jurisdiction of the Island Courts shall extend to matters which arise in connection with and are governed by the customs or customary laws of the people in the area where the court is situated.

Furthermore, section 21 of the same Act says:

Notwithstanding the provisions of any other law to the contrary, Island Courts shall have exclusive jurisdiction in all matters of a civil nature arising in connection with customary marriages, their dissolution, and the custody or maintenance of the children of such marriages.

In 1995 Abe married Bes, his island sweet heart, according to the customary laws of the Cao Islanders of the Republic of Solwota. They had two children. In 1999, Abe left the island to seek salaried employment in Dau, the capital of Solwota. In December 2001, Abe’s mother tearfully informed Bes that she heard that Abe intends to marry another woman in Dau so it would be best if Bes divorces Abe. Accordingly, Bes filed a petition for divorce at the Magistrates’ Court at Dao Island, on account of Abe’s adultery. Bes was unable to serve Abe the Summons for her petition because she had lost the duplicate copy of the Summons. On the date of the hearing of the matter, Abe fortuitously appeared on the island and when informed of the case rushed to the court house.

During the hearing, the only evidence of the alleged adultery was given by Abe’s mother. The crux of her evidence was that a friend of Abe had telephoned her to inform her that Abe intends to wed a girl he’d met at Dau. Thus, according to the mother’s story, Abe must be sleeping with this new girl. When Abe tried to respond to this allegation, the court told him to “shut up” because he shouldn’t question what his mother says. The court also said that because Abe had failed to file a Defence earlier, he would not be allowed to call any witnesses.

In the end, the court found that the allegation of adultery by Abe was proved and granted Bes her petition for divorce. It also awarded custody of the two children of the marriage to Bes and ordered Abe to pay child maintenance for the sum $200 monthly. The court remarked this amount was somewhat high but it reflected the court’s disapproval of adulterous relationships.

Abe is aggrieved by this decision. He comes to your legal practice at Dau and instructs you to lodge an appeal against this decision. Identify and explain four (4) possible grounds that you could raise in your appeal. In your discussion refer to relevant cases from common law countries to support your arguments.

(20 marks)

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SECTION B

This section contains seven (7) optional questions of which you are required to answer only four (4). Each question in this section carries ten (10) marks so the total number of marks for this section is forty (40).

QUESTION TWO

Briefly discuss three main features of courts and explain how these compare with quasi-judicial tribunals. In your discussion, cite an example of a quasi-judicial tribunal and explain how its functioning compares with those of the courts.

(10 marks)

QUESTION THREE

During the medieval times (1150-1700) in England, the Royal Courts underwent some changes in terms of their structure and functioning. Concerning the changes in their structure, identify and describe the three main common law courts which evolved in that period. Concerning their functioning, explain the four main facets of practice which these courts evolved.

(10 marks)

QUESTION FOUR

It is accepted that the courts in USP countries operate according to the “adversarial” model. Explain what this concept means. Also, explain how some of the main steps in courts proceedings serve to support or entrench the operation of this model.

(10 marks)

QUESTION FIVE

The courts at common law have developed two main rules concerning how they can assess the probative quality of the evidence which is placed before them by the parties. Identify and describe these rules. In your discussion refer to decided cases to illustrate these rules.

(10 marks)

QUESTION SIX

The courts at common law recognise that the words in a written Constitution must be interpreted having regard to its “textual and factual context.” Explain the meaning of this phrase and in doing so; refer to cases decided by the courts in Commonwealth countries which serve as illustrations.

(10 marks)

QUESTION SEVEN

The following three concepts embody the main forms of development of case laws, otherwise referred to as principles of common law and equity:

(a) extension

(b) reduction

(c) abolition

Explain the meaning of each and illustrate it with reference to one or two cases.

(10 marks)

QUESTION EIGHT

In one or two paragraphs, explain the meanings and, where appropriate, give an example of any five of the following words or phrases as used in the context of the LA101 course:

(a) Appellate jurisdiction

(b) Original Jurisdiction

(c) Statutory revisionary jurisdiction

(d) Res Judicata

(e) Abuse of court process

(f) Ratio decidendii

(g) Stare decis

(h) Persuasive precedent

(i) Obiter dicta

(j) Discretion

(10 marks)