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 misrepresentation is:

  1. AAn opinion that turns out to be wrong
  2. BA promise about future behaviour that is not kept, even if honestly made
  3. CA false statement of fact that induces someone to enter a contract
  4. DSilence about any fact at all
2.Contract lawHard

Liquidated damages clauses are enforceable in English law when:

  1. AThey protect a legitimate interest and are not out of all proportion to it
  2. BOnly the party in breach benefits from them
  3. CThey are agreed orally only
  4. DThey are set as high as possible, so that they deter either party from breaching
3.Tort lawMedium

Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:

  1. ANot liable, because the explosion was unforeseeable
  2. BLiable only for half of the damage
  3. CNot liable, because the boy was a trespasser
  4. DLiable, because burns were a foreseeable type of harm
4.Tort lawHard

In occupiers' liability, the duty owed to trespassers in English law is:

  1. AExactly the same as to lawful visitors, under the common duty of care in the 1957 Act
  2. BHigher than to lawful visitors
  3. CLower than to visitors, arising only in specific circumstances under the 1984 Act
  4. DNon-existent in all circumstances
5.Constitutional lawMedium

Under Article 94 of the Dutch Constitution, Dutch courts:

  1. ADo not apply statutes that conflict with treaty provisions binding on everyone
  2. BMust refer all treaty questions to the Council of State
  3. CCan strike down statutes that conflict with the Constitution or with general principles
  4. DApply statutes even if they conflict with treaties
6.Constitutional lawHard

Since the 2008 constitutional reform in France, the "question prioritaire de constitutionnalité" allows:

  1. AJudges in any court to strike down statutes themselves
  2. BAny citizen to challenge a bill before Parliament votes on it, by petition to the Conseil constitutionnel
  3. CThe President to suspend a statute for one year
  4. DA party in court to ask for a statute in force to be reviewed for breach of constitutional rights
7.Criminal lawMedium

D takes a college exam paper, reads it and returns it, planning to cheat. Following Oxford v Moss, D did not steal because:

  1. AConfidential information is not property under the Theft Act
  2. BExam papers have no economic value
  3. CD was a student at the college
  4. DThe paper itself was returned, so there was no intention to deprive
8.Criminal lawHard

In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:

  1. AThe defendants were guilty only of attempted murder
  2. BThere was no murder because the mens rea existed only before the act that actually caused death
  3. CThe series of acts formed one transaction, so actus reus and mens rea coincided
  4. DThe victim's death was not caused by the defendants
9.EU lawMedium

Van Gend en Loos (1963) established that:

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

In Grzelczyk (2001), a French student in Belgium was refused a minimum subsistence allowance. The Court held:

  1. AUnion citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
  2. BOnly workers may claim social benefits in a host state
  3. CThe allowance was outside EU law entirely
  4. DStudents have no rights under EU law in a host state

2Solutions

1.Contract law

Answer: C · A false statement of fact that induces someone to enter a contract

Why this is the answer

Jurisdiction: law of England and Wales. A false statement of fact inducing a contract allows rescission and sometimes damages. Opinions, future intentions and mere silence are usually not misrepresentations.

Answer

C · A false statement of fact that induces someone to enter a contract
2.Contract law

Answer: A · They protect a legitimate interest and are not out of all proportion to it

Why this is the answer

Jurisdiction: law of England and Wales. A clause is a penalty, and unenforceable, if it imposes a detriment out of all proportion to any legitimate interest of the innocent party in performance.

Answer

A · They protect a legitimate interest and are not out of all proportion to it
3.Tort law

Answer: D · Liable, because burns were a foreseeable type of harm

Why this is the answer

Jurisdiction: law of England and Wales. It is enough that the type of damage was foreseeable, even if the precise manner and extent were not. Burns from the lamp were foreseeable.

Answer

D · Liable, because burns were a foreseeable type of harm
4.Tort law

Answer: C · Lower than to visitors, arising only in specific circumstances under the 1984 Act

Why this is the answer

Jurisdiction: law of England and Wales. Under the Occupiers' Liability Act 1984, a duty arises when the occupier is aware of the danger, knows or should know a trespasser may come near it, and the risk is one they could reasonably be expected to guard against.

Answer

C · Lower than to visitors, arising only in specific circumstances under the 1984 Act
5.Constitutional law

Answer: A · Do not apply statutes that conflict with treaty provisions binding on everyone

Why this is the answer

Jurisdiction: Dutch law. Although courts may not review statutes against the Constitution, they can disapply them where they conflict with self-executing treaty provisions, such as many ECHR rights.

Answer

A · Do not apply statutes that conflict with treaty provisions binding on everyone
6.Constitutional law

Answer: D · A party in court to ask for a statute in force to be reviewed for breach of constitutional rights

Why this is the answer

Jurisdiction: French law. Before this reform, the Conseil constitutionnel reviewed laws only before promulgation. Now a question raised in litigation can be referred to it, and it can repeal an unconstitutional provision.

Answer

D · A party in court to ask for a statute in force to be reviewed for breach of constitutional rights
7.Criminal law

Answer: A · Confidential information is not property under the Theft Act

Why this is the answer

Jurisdiction: law of England and Wales. D kept only the information, which is not property capable of being stolen; the paper itself was not intended to be permanently taken.

Answer

A · Confidential information is not property under the Theft Act
8.Criminal law

Answer: C · The series of acts formed one transaction, so actus reus and mens rea coincided

Why this is the answer

Jurisdiction: law of England and Wales. The Privy Council treated the beating and disposal as one continuous plan, so the intent to kill coincided with the acts causing death.

Answer

C · The series of acts formed one transaction, so actus reus and mens rea coincided
9.EU law

Answer: B · 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

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

Answer: A · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality

Why this is the answer

Jurisdiction: EU law. Relying on citizenship and non-discrimination, the Court held that a lawfully resident student could not be denied a benefit available to nationals, though states may act if a person becomes an unreasonable burden.

Answer

A · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality

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