Sekayi Watson

SECTION A
MODULE 1: CARIBBEAN LEGAL SYSTEMS
Answer ALL questions in this section.
CAPE 2001

1. (a) Describe the main divisions into which law may be classified.
(b) Explain the practical importance of accurately classifying law.

[5 marks]
[5 marks]

2. (a) Explain the doctrine of binding precedents.

(b) Define and explain the differences between the following terms:
(i) Ratio decidendi
(ii) Obiter dictum.

[5 marks]
[5 marks]

3. Mrs. Galore Singh sues her mechanic for failure to complete the repairs to her Lexus
jeep. The High Court finds against her and she now wishes to appeal.
(a) Explain to Mrs. Singh the procedure for the appealing
[7 marks]
(b) If she does not wish to have the matter heard in Court, what other process is
available to Mrs. Singh in resolving her dispute?
[3
marks]

CAPE 2002

Sekayi Watson

1. Discuss the extent to which the constitutional provisions of any Commonwealth

Caribbean
state reflect natural law principles.
[25 marks]

2. Assess the arguments advanced in favour of the establishment of a Caribbean Court of

Justice
and the Caribbeans final Court of Appeal in place of the Judicial Committee of the Privy
Council.
[25 marks]

3. Tom Bones is in the habit of jogging every morning at about 5:00 a.m. along the
seawalls. On October 1, at about 5:10 a.m., Policeman Bob arrests Tom in the vicinity of
the seawalls for loitering and suspicious behaviour. Tom protests loudly and demands to
know why he is being arrested. Bob refuses to do so, telling Tom, It is none of your
business, you will know when you are in Court. Bob then handcuffs Tom, hauls him off
to the station and thrusts him on the lockups. Tom is not allowed to call his lawyer during
the four days he is in detention. On October 5, Bob institutes a single charge of resisting
arrest against Tom and places him before the Court.
Advise Tom as to
(a) Which of his fundamental constitutional rights have been breached by the Police
and what remedies are available to him
[18 marks]
(b) Whether he may obtain adequate redress from seeking the assistance of the
Ombudsman
instead of the Court.rks
[7 marks]

CAPE 2006

Sekayi Watson

1. (a) Distinguish between positive law and natural law.

[6 marks]

(b) Give TWO examples of how natural law affects the system of law which operates in a
Commonwealth Caribbean country of your choice.
[4 marks]

2. (a) Citing relevant examples, explain what is meant by the term sources of law.
[6
marks]
(b) Explain how equity functions as a source of law.

[4 marks]

3. (a) Distinguish between precedents which are binding and precedents which are highly
persuasive.
[6 marks]
(b) Describe the circumstances under which a court will distinguish a precedent.
[4 marks]

CAPE 2007
1.

(a) (i)

Rules of statutory interpretation have been created to aid the Courts in

application of the law. Name ONE of these rules.
[1 mark]

Sekayi Watson

(i)

Outline ONE decided case that illustrates the rule that you have named
above. The answer should include the name of the case, a brief statement
of the facts of the case, and the principle of law established. [5 marks]

(b)

(i)

State TWO reasons why the constitution of a named Commonwealth

Caribbean country is considered to be a source of law.
[2 marks]

(i)

Identify ONE decided case in which the Courts upheld the principles
of the constitution of a named Commonwealth Caribbean country.
[2 marks]

(ii)

State the ratio decidendi of the case identified at (b) (ii) above.

[1 mark]

Total 10 marks

2. (a) State TWO differences between the Magistrates Court and the High Court
(or Supreme Court).
[2 marks]
(b) State TWO benefits to Caribbean people arising from the establishment of the
Caribbean Court of Justice.
[2 marks]
(c) Briefly explain the jurisdiction of the Caribbean Court of Justice. [6 marks]
3. (a) (i)

(b)

CAPE 2008

Define the term mediation as it applies to conflict resolution.

[ 2 marks]

(ii)

State TWO similarities between mediation and arbitration. [2 marks]

(iii)

State TWO differences between mediation and arbitration. [2 marks]

Outline TWO reasons that you would give to convince someone that mediation
is better than going to court as a way of resolving a dispute.
[4 marks]
Total 10
marks

Section A
Module 1: Caribbean legal systems
Answer all questions in this section.

Sekayi Watson

1. (A) (i) Define the term source of law.

(2marks)
(ii) Name two sources of commonwealth Caribbean law.
(2marks)
(B) Describe briefly one of the sources you have named and outline ONE decided case to
illustrate your answer.
(6marks)
Total 10 marks
2. Mr. Jankie is a businessman whose sister is a judge in a commonwealth Caribbean court.
Mr. Jankie has been selected for jury service. He believes that he should not have been
selected. With reference to a named commonwealth Caribbean country advise Mr. Jankie
(A) On the qualifications for jury service.
(3marks)
(B) On the categories of persons who are exempt from serving on a jury.
(3marks)
(C) Whether or not his belief is justified.
(4marks)
Total 10marks
3. (A) with reference to a named commonwealth Caribbean country, describe the functions
(i)
The director of public prosecution (DPP)
(2marks)
(ii)
The attorney general
(2marks)
(B) Mr. smartman is an attorney-at-law representing Mrs. Chan in a transaction for the
purchase of land. Mrs. Chan gives him a cheque for $300 000.00 to be paid to the vendor
for the land. Mr. smartman deposits the cheque in hisown account and fails to pay for the
land on time. One month later he issues the a cheque to the vendor, but the cheque is
dishonored and Mrs. Chan loses the land deal.
Advise Mrs. Chan on what action she can take against Mr. smartman. Refer to at least
ONE decided case to support your answer.
(6marks)
Total 10marks

CAPE 2010

Section A
Module 1: Caribbean legal system
Answer ONE question
1. (A) Describe the court structure in a NAMED commonwealth Caribbean country,
state how it facilitates the doctrine of judicial precedent.
(15marks)
(B) Discuss TWO advantages and TWO disadvantages of the use of judicial
precedent judges in deciding cases that come before them in the courts in a NAMED
commonwealth Caribbean country.
(10marks)
Total 25marks

Sekayi Watson

2. (A) With reference to relevant case law, explain why the development of equity is
necessary.

(13marks)

(B) Assess the effectiveness of equity in meeting the needs indicated in (A) above.
(12 marks)
Total 25marks

CAPE 2011

Section A
Module 1: Caribbean legal system
Answer ONE question
1. (A) State three differences between public law and private law
(6marks)
(B)Mr. Cheapskate bought a pair of shoes from the Low Valu Bargain Centre.
After the shoes for two weeks, the sole of one of them dropped off. He returned
them to the store, but the manager refused to exchange them or give him a refund.
In an argument Cheapskate slapped the store manager who fell to the ground and
broke his hand. The store manager reported the matter to the police who charged
Mr. Cheapskate. Mr. Cheapskate retains you as his attorney. Explain how the

Sekayi Watson

knowledge of classification of the law will be an advantage to you in representing

Mr. Cheapskate.
(19marks)
Total 25marks
2. (A) (i) Define FULLY the term sources of law.
(3marks)
(ii)With reference to TWO named examples in EACH case, outline the
importance of the following sources of law:
(a) Literary
(b) Historical
(8marks)
(B)With reference to THREE decided cases, evaluate the importance of the
constitution the development of law in the commonwealth Caribbean.
(14marks)
Total 25marks

CAPE 2012

Section A
Module 1: Caribbean legal systems
Answer one question
1. Equity does not destroy the common law but assists it. Explain this
statement with reference to decided cases.
Total 25marks
2. On 3rd January Mr. Wood enters into a contract to provide 120 bar stools for
Cashew Company before the 15th march at the price of $25,000.00. Cashew
Company makes a down payment of $12,000.00. It is now December and
Cashew Company has not received any of the stools from Mr. Wood. Several

Sekayi Watson

calls to Mr. Woods cell phone remain unanswered. Cashew Company seeks
your advice on how they may seek redress against Mr. Wood.
(a) Advise cashew company on:
(i)
Two areas of law in which they may seek redress against Mr.
(ii)

Wood.
(4marks)
The courts in which they may seek redress and explain any TWO
remedies that they may obtain in these courts.
(8marks)
(b)Advise Cashew Company on any alternative means available
for resolving this dispute pointing out any advantages that such
means may have over a court hearing.
13marks
(Total 25marks)

CAPE 2015
1. (a) Explain briefly THREE features of EACH of the following:
(i)

The Caribbean Court of Justice

(ii)

The Judicial Committee of the Privy Council

[12 marks]

(b) Castin, a commonwealth Caribbean State, is considering serving all ties with the
Judicial Committee of the Privy Council. Advise the Attorney General considering:
(i)

THREE benefits to be gained

(ii)

THREE disadvantages of submitting to the Caribbean Court of Justice.

[13 marks]
Total 25 marks

OR
2. (a) Explain the meaning of the following terms:
(i) Primary Legislation

[6 marks]

Sekayi Watson

(ii) Secondary Legislation

[6 marks]

(b) In Qatar, there is an upsurge of unacceptable behavior including the playing of loud
music on minibuses. The minister of transport seeks your advice on whether he should
introduce a new Act or whether he should introduce regulations under section 3 of the
Transportation Act to regulate the playing of loud music on minibuses.
Advice the minister on the most suitable option, giving reasons for your answer.
[13 marks]
Total 25 marks