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

At an auction in England, the contract of sale is completed when:

  1. AThe bidder makes the highest bid
  2. BThe auctioneer brings down the hammer
  3. CThe auctioneer puts the item up for sale
  4. DThe buyer collects the goods
2.Contract lawHard

A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:

  1. AThe agreement was binding despite those words
  2. BThe agreement was void as illegal
  3. CThe agreement itself was not legally binding
  4. DThe agreement was a deed and binding
3.Tort lawMedium

A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:

  1. AMaterially contributed to the disease
  2. BWas easier to prevent than the other dust
  3. CWas the only cause of the disease
  4. DWas more than half of the total dust
4.Tort lawHard

Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:

  1. AA duty was owed, since the police caused harm by a positive act
  2. BNo duty was owed, as the Caparo test was not met for police operations
  3. CA duty arose only because she was a victim of crime
  4. DNo duty was owed, because the police are immune
5.Constitutional lawMedium

Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:

  1. AThe government can choose freely between the two
  2. BThe prerogative is put in abeyance and the government must act under the statute
  3. CThe government may still choose the prerogative if it offers more flexible powers
  4. DThe prerogative overrides the statute
6.Constitutional lawHard

Dicey argued that in England individual liberties were mainly protected by:

  1. AThe ordinary courts applying the common law
  2. BThe personal decisions of the monarch
  3. CA written bill of rights with higher status
  4. DA specialised constitutional court
7.Criminal lawMedium

D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:

  1. ASwitched the labels, assuming one of the owner's rights
  2. BPaid at the checkout
  3. CLeft the shop without paying
  4. DPut the item in the trolley
8.Criminal lawHard

Which statement about "noodweerexces" (excessive self-defence) in Dutch law (Article 41(2) Sr) is correct?

  1. AThe excess is excused if directly caused by a strong emotional disturbance resulting from the attack
  2. BAny excessive force is always justified
  3. CIt applies only to police officers
  4. DThe excess is justified whenever the defender reasonably feared further attacks from the same person later
9.EU lawMedium

The ordinary legislative procedure gives equal law-making roles to:

  1. ANational parliaments and the Commission
  2. BThe European Parliament and the Council
  3. CThe European Council and the Central Bank
  4. DThe Commission and the Court of Justice
10.EU lawHard

The "Melloni" judgment held that a member state may NOT:

  1. ARefer questions to the Court of Justice
  2. BApply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area
  3. CExecute any European Arrest Warrant
  4. DEver protect fundamental rights more than the EU

2Solutions

1.Contract law

Answer: B · The auctioneer brings down the hammer

Why this is the answer

Jurisdiction: law of England and Wales. Putting goods up for auction is an invitation to treat, each bid is an offer, and the fall of the hammer is acceptance. A bidder can withdraw a bid until then.

Answer

B · The auctioneer brings down the hammer
2.Contract law

Answer: C · The agreement itself was not legally binding

Why this is the answer

Jurisdiction: law of England and Wales. The express wording rebutted the commercial presumption of legal intention. Individual orders that were placed and accepted under the arrangement were, however, binding contracts.

Answer

C · The agreement itself was not legally binding
3.Tort law

Answer: A · Materially contributed to the disease

Why this is the answer

Jurisdiction: law of England and Wales. Where a disease is caused by a cumulative process, a claimant succeeds by proving that the tortious source made a material contribution to it, even if it was not the sole cause.

Answer

A · Materially contributed to the disease
4.Tort law

Answer: A · A duty was owed, since the police caused harm by a positive act

Why this is the answer

Jurisdiction: law of England and Wales. The police, like anyone, owe a duty to take care when their positive acts create a foreseeable risk of physical injury. The court also said Caparo is not a three-stage test for every case; established principles apply.

Answer

A · A duty was owed, since the police caused harm by a positive act
5.Constitutional law

Answer: B · The prerogative is put in abeyance and the government must act under the statute

Why this is the answer

Jurisdiction: law of England and Wales. Where Parliament has legislated in an area, the Crown cannot use a prerogative power to avoid the statute's conditions, such as a duty to pay compensation.

Answer

B · The prerogative is put in abeyance and the government must act under the statute
6.Constitutional law

Answer: A · The ordinary courts applying the common law

Why this is the answer

Jurisdiction: law of England and Wales. Dicey saw the constitution as the result of ordinary law, with rights arising from judicial decisions in individual cases, rather than from a written constitutional guarantee.

Answer

A · The ordinary courts applying the common law
7.Criminal law

Answer: A · Switched the labels, assuming one of the owner's rights

Why this is the answer

Jurisdiction: law of England and Wales. Morris held that assuming any one of the owner's rights, such as labelling goods, is an appropriation, even before leaving the shop.

Answer

A · Switched the labels, assuming one of the owner's rights
8.Criminal law

Answer: A · The excess is excused if directly caused by a strong emotional disturbance resulting from the attack

Why this is the answer

Jurisdiction: Dutch law. Article 41(2) Sr excuses exceeding the limits of self-defence when it is the direct result of a severe emotional disturbance caused by the attack.

Answer

A · The excess is excused if directly caused by a strong emotional disturbance resulting from the attack
9.EU law

Answer: B · The European Parliament and the Council

Why this is the answer

Jurisdiction: EU law. Under Article 294 TFEU, legislation is adopted jointly by Parliament and Council on a proposal from the Commission.

Answer

B · The European Parliament and the Council
10.EU law

Answer: B · Apply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area

Why this is the answer

Jurisdiction: EU law. Where EU law fully harmonises an area, national constitutional standards cannot be applied if they compromise the uniform application of EU law (Article 53 Charter).

Answer

B · Apply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area

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