FINAL EXAMINATIONS JUNE 2007

________________________________________________________________________ COURSE CODE AND NAME: DATE AND TIME: LAW 120 CRIMINAL AND CIVIL LAW TUESDAY 26TH JUNE 2007 (9:00AM 12:00NOON)

DURATION OF EXAMINATION: THREE (3) HOURS ________________________________________________________________________ INSTRUCTION TO CANDIDATES: 1. Follow carefully all instructions in the Examination Booklet. 2. Read all questions carefully. 3. Answer ANY TWO (2) questions. 4. Each question is worth 25 marks. 5. DO NOT write your name on the Examination Booklet.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

Answer any TWO (2) questions. 1. Law is a relic of old traditions and it is not needed in todays society. Critically discuss this statement in light of the creation of the development of law and its role in todays society. Discuss the idea that contract law is a simple legal creation and it is not governed by legal formalities. Discuss the following essential feature of a contract: (a) Intention to Create Legal Relations (b) Offer (c) Acceptance (d) Privity. The elements of a crime are universal and must exist in all situations. Discuss. Discuss the following defences: (a) Intoxication (b) Automatism (c) Self-Defence (d) Infancy. Critically discuss the powers of arrest of police officers as compared to those of civilians. When one person commits a crime, it is clear who the accused is. However, there are situations where other persons may be culpable although they were not actively involved. Critically discuss this situation. The Criminal and Civil Court System deal with the same issues in the same way. Discuss. Discuss the law on the following legal issues: (a) Where consent is obtained by fraud (b) What is rape? (c) The difference between consent and submission. Discuss THREE (3) of the following cases: (a) R v. Blaue (b) Fagan v. Metropolitan Police Commissioner (c) R v. R (d) Alderson v. Booth (e) R v. G. Course Code: LAW 120 2

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Answer both of the following parts: Discuss the crime committed if any and identify the evidence upon which such crime was committed. (i) Allie was hired by Trinidad Railway Ltd., to operate a gate. Allie had to lower the gate when the trains were passing to ensure that no one got injured by trying to cross the railway in the path of oncoming trains. One day, Allie got bored and began to listen to music on her walkman. She did not see a training approaching. Mikey, a 12 year old boy crossed the railway track and he was killed by the on-coming train. (ii) Jane was married to Frank. Frank hit Jane in a fight one day. Frank thought he had killed Jane and he threw her into the river. Jane was in fact alive, but died from drowning.

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Cipriani College of Labour and Co-operative Studies

Course Code: LAW 120