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 decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:

  1. AOnly payment for the materials used
  2. BThe price less the cost of putting the defects right
  3. CThe full price with no deduction
  4. DNothing, because performance was not exact
2.Contract lawHard

A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:

  1. AUnenforceable, because she gave no consideration
  2. BEnforceable only because it was made by deed
  3. CEnforceable, because separated spouses are presumed to intend legal relations
  4. DUnenforceable, because it was a domestic arrangement between husband and wife
3.Tort lawMedium

A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:

  1. ALiable for half of the damage
  2. BLiable, because the signs were ignored by many
  3. CLiable, because it did not destroy the beach
  4. DNot liable, because the risk was obvious and voluntarily taken
4.Tort lawHard

The defence of "illegality" (ex turpi causa) in tort means that:

  1. AA claimant may be barred from recovering where the claim arises from their own serious illegal conduct
  2. BOnly the state can bring the claim
  3. CEvery claimant with a criminal record loses
  4. DThe defendant cannot be sued if the defendant's own conduct towards the claimant was itself a criminal offence
5.Constitutional lawMedium

In Marbury v Madison (1803), the US Supreme Court established:

  1. AThe President's veto power
  2. BThe right to bear arms
  3. CThe power of courts to review the constitutionality of legislation
  4. DThe power of Congress to overrule decisions of the federal judiciary
6.Constitutional lawHard

In R (Miller) v Secretary of State for Exiting the EU (2017), the UK Supreme Court held that:

  1. AThe referendum result was legally binding
  2. BThe government could give notice using prerogative powers without any Act of Parliament
  3. CDevolved legislatures had a veto over Brexit
  4. DParliamentary legislation was required to give notice of withdrawal from the EU
7.Criminal lawMedium

"Dolus eventualis" (voorwaardelijk opzet) in Dutch criminal law means the defendant:

  1. AWanted the consequence as their main goal and acted in order to bring it about
  2. BKnowingly accepted the considerable chance that the consequence would occur
  3. CActed entirely by accident
  4. DDid not foresee the consequence at all
8.Criminal lawHard

R v Gomez (1993) held that an appropriation in theft:

  1. AOnly occurs when the defendant leaves the shop
  2. BCan occur even when the owner consents, if the consent was obtained by deception
  3. CRequires a physical taking of the property
  4. DRequires that the act was not authorised by the owner, even if consent was obtained by fraud
9.EU lawMedium

Environmental policy is an example of which type of EU competence?

  1. ANo EU competence at all
  2. BSupporting competence
  3. CExclusive competence
  4. DShared competence
10.EU lawHard

In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:

  1. AAn act addressed to a specific individual
  2. BAny act adopted by the Commission or the Council
  3. CAny regulation, whether legislative or not
  4. DAn act of general application other than a legislative act

2Solutions

1.Contract law

Answer: B · The price less the cost of putting the defects right

Why this is the answer

Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.

Answer

B · The price less the cost of putting the defects right
2.Contract law

Answer: C · Enforceable, because separated spouses are presumed to intend legal relations

Why this is the answer

Jurisdiction: law of England and Wales. When spouses have separated, or are about to, the presumption against legal intention does not apply. Paying off the mortgage was also good consideration.

Answer

C · Enforceable, because separated spouses are presumed to intend legal relations
3.Tort law

Answer: D · Not liable, because the risk was obvious and voluntarily taken

Why this is the answer

Jurisdiction: law of England and Wales. The danger came from the activity, not the state of the premises. There is no duty to protect people from obvious risks they freely choose to take, and doing so would have stopped many people enjoying the park.

Answer

D · Not liable, because the risk was obvious and voluntarily taken
4.Tort law

Answer: A · A claimant may be barred from recovering where the claim arises from their own serious illegal conduct

Why this is the answer

Jurisdiction: law of England and Wales. Courts may deny a claim when allowing it would harm the integrity of the legal system because it arises from the claimant's own illegality.

Answer

A · A claimant may be barred from recovering where the claim arises from their own serious illegal conduct
5.Constitutional law

Answer: C · The power of courts to review the constitutionality of legislation

Why this is the answer

Jurisdiction: United States law. Chief Justice Marshall held that courts can declare acts of Congress void if they conflict with the Constitution.

Answer

C · The power of courts to review the constitutionality of legislation
6.Constitutional law

Answer: D · Parliamentary legislation was required to give notice of withdrawal from the EU

Why this is the answer

Jurisdiction: law of England and Wales. Because withdrawal would change domestic law and remove rights, the prerogative could not be used; an Act of Parliament was required to trigger Article 50.

Answer

D · Parliamentary legislation was required to give notice of withdrawal from the EU
7.Criminal law

Answer: B · Knowingly accepted the considerable chance that the consequence would occur

Why this is the answer

Jurisdiction: Dutch law. Conditional intent exists when a person knowingly accepts a considerable chance of the consequence occurring; it is sufficient for many intent-based offences.

Answer

B · Knowingly accepted the considerable chance that the consequence would occur
8.Criminal law

Answer: B · Can occur even when the owner consents, if the consent was obtained by deception

Why this is the answer

Jurisdiction: law of England and Wales. Gomez held that any assumption of the rights of an owner is an appropriation, whether or not the owner consented, overruling the narrower view in Morris.

Answer

B · Can occur even when the owner consents, if the consent was obtained by deception
9.EU law

Answer: D · Shared competence

Why this is the answer

Jurisdiction: EU law. In shared areas such as the environment, consumer protection and the internal market, member states may legislate to the extent the EU has not exercised its competence.

Answer

D · Shared competence
10.EU law

Answer: D · An act of general application other than a legislative act

Why this is the answer

Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.

Answer

D · An act of general application other than a legislative act

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