Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

A contract made under duress may be:

  1. AAvoided (set aside) by the pressured party
  2. BAutomatically valid with no remedy
  3. CEnforced against the pressured party in every case
  4. DTurned into a criminal offence only
2.Contract lawHard

An act done before a promise was made can still be good consideration if:

  1. AIt was requested, payment was understood, and the promise would otherwise be enforceable
  2. BIt was valuable to the promisor when it was done
  3. CThe later promise was made in writing
  4. DThe act was done within one year before the promise and was of some value to the promisor
3.Tort lawMedium

A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:

  1. ANot liable, because it could expect parents to supervise very young children
  2. BNot liable, because the child was a trespasser
  3. CLiable, because the trench was not fenced
  4. DLiable, because young children must be protected from every danger on the land
4.Tort lawHard

A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:

  1. AThere was no false imprisonment, because his freedom was not totally restricted
  2. BThere was false imprisonment, because he could not continue the way he wanted to go
  3. CThere was false imprisonment, because the bridge was public
  4. DThere was an assault, because he was blocked
5.Constitutional lawMedium

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

  1. AIllegality
  2. BLegitimate expectation only
  3. CNone, because courts never review considerations
  4. DProcedural impropriety only
6.Constitutional lawHard

The government introduces high fees for bringing claims to employment tribunals, and the number of claims falls sharply. In R (UNISON) v Lord Chancellor (2017), the Supreme Court held:

  1. AThe fees were unlawful because they prevented access to justice
  2. BThe fees breached only EU competition law
  3. CThe fees were lawful because Parliament authorised fees
  4. DThe fees were lawful because users of the courts must pay for them
7.Criminal lawMedium

Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:

  1. AWas present at the scene by chance
  2. BMerely foresaw as a real possibility that the principal might commit the crime
  3. CIntended to assist or encourage the principal to commit the crime
  4. DWas related to the principal
8.Criminal lawHard

Conspiracy in English law requires:

  1. AAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
  2. BAn agreement between two or more people to commit a crime, with intent that it be carried out
  3. CA written plan
  4. DThe crime to be actually committed
9.EU lawMedium

Van Gend en Loos (1963) established that:

  1. ATreaty provisions can have direct effect and create rights for individuals in national courts
  2. BTreaty provisions bind only the member states and never create rights for individuals before national courts
  3. CMember states can leave the EU at will
  4. DDirectives have horizontal direct effect
10.EU lawHard

In Baumbast (2002), a German national in the UK lacked sickness insurance covering emergency treatment. The Court held that:

  1. AResidence rights depend entirely on national immigration law once a person has stopped working in the host member state
  2. BHe had no right to reside because he was no longer working
  3. CArticle 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately
  4. DOnly EU institutions can enforce citizenship rights

2Solutions

1.Contract law

Answer: A · Avoided (set aside) by the pressured party

Why this is the answer

Jurisdiction: general principle, found in most legal systems. Duress (illegitimate pressure that induces the contract) makes the contract voidable at the option of the victim.

Answer

A · Avoided (set aside) by the pressured party
2.Contract law

Answer: A · It was requested, payment was understood, and the promise would otherwise be enforceable

Why this is the answer

Jurisdiction: law of England and Wales. Past consideration is good if the act was done at the promisor's request, both parties understood it was to be rewarded, and a promise of payment made in advance would have been enforceable.

Answer

A · It was requested, payment was understood, and the promise would otherwise be enforceable
3.Tort law

Answer: A · Not liable, because it could expect parents to supervise very young children

Why this is the answer

Jurisdiction: law of England and Wales. An occupier is entitled to assume that parents will not let very young children go unaccompanied to places that are obviously dangerous for them.

Answer

A · Not liable, because it could expect parents to supervise very young children
4.Tort law

Answer: A · There was no false imprisonment, because his freedom was not totally restricted

Why this is the answer

Jurisdiction: law of England and Wales. False imprisonment requires complete restraint within boundaries set by the defendant. Stopping someone going in one direction while they can leave another way is not enough.

Answer

A · There was no false imprisonment, because his freedom was not totally restricted
5.Constitutional law

Answer: A · Illegality

Why this is the answer

Jurisdiction: law of England and Wales. Lord Diplock's grounds are illegality, irrationality and procedural impropriety. Taking irrelevant considerations into account, or ignoring relevant ones, is a form of illegality.

Answer

A · Illegality
6.Constitutional law

Answer: A · The fees were unlawful because they prevented access to justice

Why this is the answer

Jurisdiction: law of England and Wales. The Fees Order was made under a statutory power, but it was ultra vires because it effectively prevented access to justice, which is protected by common law and the rule of law.

Answer

A · The fees were unlawful because they prevented access to justice
7.Criminal law

Answer: C · Intended to assist or encourage the principal to commit the crime

Why this is the answer

Jurisdiction: law of England and Wales. Jogee held that foresight is only evidence of intent; the accessory must intend to assist or encourage the commission of the offence.

Answer

C · Intended to assist or encourage the principal to commit the crime
8.Criminal law

Answer: B · An agreement between two or more people to commit a crime, with intent that it be carried out

Why this is the answer

Jurisdiction: law of England and Wales. Under the Criminal Law Act 1977, conspiracy is complete once the agreement is made with the necessary intent, even if no further step is taken.

Answer

B · An agreement between two or more people to commit a crime, with intent that it be carried out
9.EU law

Answer: A · Treaty provisions can have direct effect and create rights for individuals in national courts

Why this is the answer

Jurisdiction: EU law. The Court held that clear, precise and unconditional treaty provisions (here on customs duties) give individuals rights enforceable before national courts.

Answer

A · Treaty provisions can have direct effect and create rights for individuals in national courts
10.EU law

Answer: C · Article 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately

Why this is the answer

Jurisdiction: EU law. The right to move and reside is directly effective; conditions such as sufficient insurance must be applied in line with proportionality.

Answer

C · Article 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately

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