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. BEnforced against the pressured party in every case
  3. CAutomatically valid with no remedy
  4. DTurned into a criminal offence only
2.Contract lawHard

An employment contract forbids the employee from working for any competitor anywhere in the world for 20 years after leaving. In English law this clause is most likely:

  1. AEnforceable for the first five years only
  2. BEnforceable if the employer is a large company
  3. CUnenforceable, as an unreasonable restraint of trade
  4. DEnforceable, because the employee agreed to it
3.Tort lawMedium

In Barnett v Chelsea and Kensington Hospital, why did the claim fail?

  1. AThe patient would have died even with proper treatment
  2. BThe claim was made too late
  3. CThe doctor met the standard of care
  4. DThe hospital owed no duty of care to a patient it had not admitted
4.Tort lawHard

Under section 3 of the Defamation Act 2013, the honest opinion defence requires that the statement:

  1. AWas made with no intention to harm
  2. BWas a statement of fact, indicated its source, and was shown to be substantially true by the defendant
  3. CWas published by a professional journalist
  4. DWas an opinion, indicated its basis, and an honest person could have held it on the facts
5.Constitutional lawMedium

Constitutional conventions are:

  1. AWritten rules found in statutes that courts enforce like any other law
  2. BNon-legal rules of political practice that are regarded as binding
  3. CMeetings held to write a new constitution
  4. DInternational treaties about the constitution
6.Constitutional lawHard

In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:

  1. AHeld that Article 8 was not engaged at all
  2. BMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
  3. CRead the ban down under section 3 to allow assisted dying
  4. DDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
7.Criminal lawMedium

D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:

  1. ARobbery, because force was used on the person to steal
  2. BBurglary, because the bag was V's property
  3. COnly battery, because the bag was not taken
  4. DOnly theft, because there was no direct contact with V's body
8.Criminal lawHard

Under the "transferred malice" doctrine, if A aims a blow at B but hits C:

  1. AA's intention towards B is transferred, so A can be liable for the harm to C
  2. BA is only liable for attempted harm to C
  3. CB becomes liable for the harm to C
  4. DA cannot be liable for harm to C because A had no mens rea at all in relation to C
9.EU lawMedium

Costa v ENEL (1964) established:

  1. AThe supremacy (primacy) of EU law over national law
  2. BThe direct effect of regulations
  3. CThe principle of subsidiarity
  4. DState liability for breaches of EU law
10.EU lawHard

Under Article 263 TFEU, a private applicant may challenge a regulatory act that does not need implementing measures if it is:

  1. AAdopted unanimously
  2. BOf direct concern to them
  3. CPublished in a national newspaper
  4. DOf interest to them in any way

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: C · Unenforceable, as an unreasonable restraint of trade

Why this is the answer

Jurisdiction: law of England and Wales. Restraints of trade are void unless reasonable to protect a legitimate interest, such as trade secrets or customer connections. A worldwide 20-year ban on an ordinary employee goes far beyond that.

Answer

C · Unenforceable, as an unreasonable restraint of trade
3.Tort law

Answer: A · The patient would have died even with proper treatment

Why this is the answer

Jurisdiction: law of England and Wales. Although the doctor breached the duty by not examining the patient, the arsenic poisoning would have been fatal anyway, so causation failed.

Answer

A · The patient would have died even with proper treatment
4.Tort law

Answer: D · Was an opinion, indicated its basis, and an honest person could have held it on the facts

Why this is the answer

Jurisdiction: law of England and Wales. The defence protects comment, not statements of fact. It is defeated if the claimant shows the defendant did not actually hold the opinion.

Answer

D · Was an opinion, indicated its basis, and an honest person could have held it on the facts
5.Constitutional law

Answer: B · Non-legal rules of political practice that are regarded as binding

Why this is the answer

Jurisdiction: law of England and Wales. Conventions, such as the monarch granting royal assent, guide behaviour but are not enforced by courts (as confirmed in the Miller case).

Answer

B · Non-legal rules of political practice that are regarded as binding
6.Constitutional law

Answer: D · Declined to make a declaration of incompatibility at that time, leaving it to Parliament

Why this is the answer

Jurisdiction: law of England and Wales. The court held it had power to make a declaration, but most judges considered it inappropriate then, as Parliament should first consider the issue.

Answer

D · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
7.Criminal law

Answer: A · Robbery, because force was used on the person to steal

Why this is the answer

Jurisdiction: law of England and Wales. Clouden held that wrenching a bag from someone's grasp can be force on the person; whether the force is enough is a question for the jury.

Answer

A · Robbery, because force was used on the person to steal
8.Criminal law

Answer: A · A's intention towards B is transferred, so A can be liable for the harm to C

Why this is the answer

Jurisdiction: law of England and Wales. Malice transfers where the actus reus and mens rea are of the same type of offence. It does not transfer between different kinds of offences (R v Pembliton).

Answer

A · A's intention towards B is transferred, so A can be liable for the harm to C
9.EU law

Answer: A · The supremacy (primacy) of EU law over national law

Why this is the answer

Jurisdiction: EU law. The Court held that member states had limited their sovereign rights and that national law, even later law, cannot override EU law.

Answer

A · The supremacy (primacy) of EU law over national law
10.EU law

Answer: B · Of direct concern to them

Why this is the answer

Jurisdiction: EU law. For regulatory acts not entailing implementing measures, direct concern suffices; for other acts addressed to others, the applicant also needs individual concern (Plaumann).

Answer

B · Of direct concern to them

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