JURISPRUDENCE  LA 332                                                               Examination

Summer 2006                                                                                  Ian Fraser

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1.                                                                                             value: 15 marks

 

Choose one of the following situations and give legal analyses of it from each of the points of view indicated.

 

          A.

 

          The attempt by President Sokomanu of Vanuatu to replace the Prime Minister who had the support of Parliament with another man of his own choice, on the theory       that his choice would be better for the country, and the President's subsequent           acquittal of sedition charges on the defence that he did not realise his actions      violated the Constitution.

          Points of view – Positivist; Realist.

 

          OR

 

          B.

 

          The current trial of Saddam Hussein in Iraq, by an Iraqi court, on charges of   murder.

          Points of view – Natural-Law; Realist.

 

          OR

 

          C.

 

          The decisions in Prasad v A-G Fiji.

          Points of view – Natural-Law; Positivist.

 

 

 

 

2.      Choose one of the following questions.                                 value: 10 marks

 

 

A.      What is the most disadvantaged large class of citizens of your jurisdiction?

          If you could address them all, how would you persuade them to accept the current state of the law?

          How well do you think you would succeed?

 

OR

 

B.      Does litigation in your jurisdiction ever serve as a "forum of principle"?

          What legal reforms would promote that happening?

          Does your jurisdiction need something like this from its courts?

 

3.      Choose one of the following questions.                                 value: 10 marks

 

A.      "Even when the government loses in court, it gains, for the legitimacy of its   judicial system is demonstrated."

          Comment on the applicability of this dictum to your jurisdiction OR to the South      Pacific region.

 

OR

 

B.      What should the role(s) be of the School of Law, and of legal academics as    individuals, in political crises involving the law – in your jurisdiction OR in the     South Pacific region?

 

 

 

4.      Choose one of the following questions.                                 value: 10 marks

 

A.      "Political accountability is primarily a political issue, not a legal one; ballots will          always be more effective than writs."

          Comment on the applicability of this dictum to your jurisdiction.

 

OR

 

B.      Provide the outline, and some content, of a course in the jurisprudence of your       custom, as it exists today (in English!).

 

 

 

5.      Answer Q-A,  AND  Q-B or Q-C or Q-D.                             value: 5 marks each

 

A.      You have been taught a particular style in mooting, with a view to courtroom practice. Do you think the style manifests a cultural bias in favour of European ways, a sexist bias in favour of masculine ways, or simply the requirements of advocacy?

          If the latter, is that kind of advocacy necessary to a workable formal legal system in the region?

 

AND ONE OF:

 

B.      Would (or does) it change the nature of customary rights to compensation if they are exercised as individual rights? (that is, if the individual person whose act or experience is the 'cause of action' decides personally & alone how the claim will proceed)

 

 

C.      Describe the policies or principles you think are applicable to the Law School's rule concerning extensions of course-work due dates.

          As law, what are the 'sources' of these policies or principles?

 

 

D.      If we took the undertaking by Cmdr Bainimarama to PM Qarase – not to speak to the media without first consulting the government – to be a rule, what would you foresee to be the standards involved that could raise difficulties in the rule's application?