...The Cambridge Law Test: Specimen Questions All applicants who sit the test in Cambridge will be asked to answer one question in one hour. Individual Colleges will select, from a centrally-set bank of questions, the particular question or questions which appear on their test papers. Three types of questions will be made available to the Colleges, although most Colleges will use only one of the three types: Essay questions; Problem questions; Comprehension questions. Whichever type of question an applicant is asked to attempt, he or she will not be expected to have any prior knowledge of the law. Please note that the specimen questions provided on this website are intended to indicate, in broad terms, the kinds of question which will be asked; they should not, however, be taken as giving any specific indication of the precise topic areas which will be covered in the Cambridge Law Test. Essay Questions What is an essay question? Essay questions typically ask candidates to consider a statement of opinion and to discuss it, giving reasons for their answer. This may be done by (as in the first question below) asking for discussion of a quotation or (as in the second question) asking a direct question. What are we looking for? Although our essay questions refer to law-related matters, as can be seen from the examples below, that does not mean that we expect, or are looking for, knowledge of the law. Applicants who have studied or are studying law (for example...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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...Assignment Questions Introduction Students may be concerned that writing and referencing a law academic paper is ‘different’ to other types of academic papers. This is not correct except that perhaps the level of analysis required may be greater and more reliance on primary sources (e.g. precedent cases and legislation) and secondary sources (textbooks, articles) may be required. But the basic fundamentals are still the same: a well-structured piece of work that leads the reader through a discussion of a particular problem or issue. There should be an introduction, a body and a conclusion. Inevitably, either you will be required to put up arguments for hypothetical parties dealing with a hypothetical business problem or you may be asked for your view about a particular legal issue. It is essential that you base your arguments and views on legal principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different styles of legal questions: legal case studies and essays. Legal case studies These are questions based on a set of hypothetical facts. The purpose of legal case study questions is both...
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...Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 University of London External System This subject guide was prepared for the University of London External System by: u Catharine MacMillan BA (Victoria) , LLB (Queen’s, Canada), LLM (Cantab), Lecturer in Law, School of Law, Queen Mary, University of London and u Richard Stone LLB (Soton), LLM (Hull), Barrister, Professor and Head of Law, Lincoln Law School, University of Lincoln. In the 2004 edition of this guide Catharine MacMillan was primarily responsible for Chapters 1–2, 4–5, 7–8, 10–14 and 16–17. Richard Stone was primarily responsible for Chapters 3, 6, 9 and 15. Catharine MacMillan was responsible for the 2009 revision. This is one of a series of subject guides published by the University. We regret that owing to pressure of work the authors are unable to enter into any correspondence relating to, or arising from, the guide. If you have any comments on this subject guide, favourable or unfavourable, please use the form at the back of this guide. Acknowledgements Figure 15.1 has been reproduced by kind permission of: u Figure 15.1: © Illustrated London News Picture Library. Photographs © C. MacMillan, 2003 Publications Office The External System University of London Stewart House 32 Russell Square London WC1B 5DN United Kingdom www.londonexternal.ac.uk Published by the University of London Press ©...
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...Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2 10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This is required...
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...On ‘The Social Contract’ by Rousseau Hong Zhang In class I have discussed this book briefly. My previous discussion is based on how to frame and discuss possible problems like corruption based on Rousseau’s book. In this summary, I will analyze some of the key and interesting points either by this book or by the class discussion. This book is about political law, government and people. This book gives out bigger view of what a contract really means in different contents. It is one of the most powerful books in human history. Let me try to understand Rousseau's world as follows: • Legitimacy and Nature Law Rousseau starts this book by legitimacy. Unfortunately, we have very short life and no human being ever lives long enough to experience the historical changes of the society. Rousseau’s problem is a common problem to people who is born in a ready society with existing classes, governments and cultures. Back into the civilization history, there are too many examples of making power by force. Thus the first point Rousseau argue is that power is not right, unless it transfers obedience into duty, strength into right. Otherwise there is no need for a further discussion of the formation of the society: the strongest wins everything. Rather, Rousseau argues that right comes from social convention. But what types of social convention will prevent the strongest from being the absolute king of all others? Rousseau doesn’t answer this question directly. Instead...
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...Introduction Compendium to Scandinavian Private Law Martin Lilja, LLM, University of Salzburg Doctoral student and project assistant in the research groups, ‘Study Group on a European Civil Code’ and ‘Argumentation Analysis in the Field of the Transfer of Movables’ Foreword The purpose of this small compendium is to provide a basic understanding of some special features of Scandinavian1 private Law, in particular in the field of the transfer of movable property. It serves as a preparation to the lesson and should, therefore, preferably, be read beforehand. Since some of the Scandinavian features are completely unknown (and perhaps also considered strange) for an European lawyer, the aim is to discuss these chosen topics in a very simple manner. Suggested (introductory) literature for additional reading (if someone wants to learn more about it): Two articles from the volume Faber/Lurger, (eds.), Rules on the Transfer of Movables – A Candidate for European Harmonisation or National Reforms? (Sellier European Law Publishers 2008): • Martinson, C.: How Swedish Lawyers Think about “ownership” and “Transfer of Ownership” – Are we just peculiar or actually ahead? (pp 69-95) • Faber, W.: Skepticism about the Functional Approach from a Unitary Perspective (pp 97-122) The following article discusses the Scandinavian functional approach in contrast to a “unitary” approach, more from a philosophical angle. I can highly recommend reading it! 1 “Scandinavia” includes Finland...
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...TABL 1710, BUSINESS AND THE LAW SAMPLE LEGAL PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • The sample question and answer are based on a previous problem question. • The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. • Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. • Do not try to learn the content of the sample answer as a replacement for learning and understanding the lecture, tutorial and course reading materials. 1. SAMPLE QUESTION Annie (‘A’) runs a courier service, A Pty Ltd. She reads in a newspaper that a local business, KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service. She states that the company would be prepared to take on the work for KwikCo for a fee of between $12,000 and $20,000 per month. She further states in the letter that, rather than working exclusively for KwikCo, the company would prefer to also...
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...LEGT 1710, BUSINESS AND THE LAW SAMPLE PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • • • • The sample question and answer are based on a previous problem question. The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. Do not try to learn the content of the sample answer as a replacement for learning and understanding the lecture, tutorial and course reading materials. 1. SAMPLE QUESTION Annie (‘A’) runs a courier service, A Pty Ltd. She reads in a newspaper that a local business, KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier service. She states that the company would be prepared to take on the work for KwikCo for a fee of between $12,000 and $20,000 per month. She further states in the letter that, rather than working exclusively for KwikCo, the company would prefer to also take on other small jobs on the understanding...
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...LAW EXTENSION COMMITTEE WINTER SESSION 2012 CONTRACTS SAMPLE OF AN ANSWER TO A PROBLEM QUESTION QUESTION Alan is a tenant of a home unit owned by Bill. Ten days ago Alan received a letter from Bill in which Bill stated that he (Bill) was ‘interested in selling’ his flat and asking Alan to ‘let him know’ if he (Alan) was willing to buy the home unit for the price of $450,000. Three days later Alan posted a letter to Bill in which he agreed to buy the home unit for the price set out in Bill’s letter. After receiving Alan’s letter, Bill telephoned Alan and told him that he had decided that he did not want sell the home unit. Alan seeks your advice as to whether he has a contract with Bill for the sale of the home unit. ANSWER Introduction For a contract to arise in the circumstances of the question, one of the parties has to make and offer which is duly accepted by the other. If there is an offer followed by an acceptance there will be a contract between the parties. Issue The issue raised by the question is whether Bill’s letter constitutes an offer. If it does, Alan’s reply is an acceptance of the offer, with the consequence that a contract exists between the parties. However, if Bill’s letter is only an invitation to treat, no contract exists between the parties because Alan’s reply will not be the acceptance of an offer. In fact, Alan’s reply would constitute the making of an offer to purchase the unit from Bill, and it is clear that Bill rejected...
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...PART A Identify the essential issues in the Question Bill and Ben Reticulations Pty Ltd had entered into a contract with the Port Cricket Club worth $15,000. The contract was to replace the drainage system for the play ground of the Port Cricket Club. However, shortly after entering the contract, the Port Cricket Club had decided to sell its current play ground in order buy a new and better play ground with better facilities. Furthermore, the decision taken by the cricket club was before the company, Bill and Ben Reticulations Pty Ltd, had done any work under the contract. After negotiation both parties decided that the contract can be released only if Port Cricket Club pays $6,000 to Ben & Bill Reticulation Pty Ltd. The main issue that Bill and Ben Reticulation Pty Ltd face is that the amount of $6,000 they received from Port Cricket club is to be taxed or not? Whether the amount they received is assessable income or not? Identify the relevant law i.e. relevant legislation provision and cases Taxpayer usually receive compensation payments when they make any commercial or any other kinds of loses. The compensation payments are usually determined by what the payments are received for. There are two types of compensation payments, income nature and capital nature. Income nature is the payment received by a taxpayer to compensate their loss of amount or item that would have been received in revenue accounts. Whereas, capital nature are the payments received by a taxpayer...
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...unconscionability? | | It is an equitable remedy. | | | It is at law for contract damages. | | | It allows a judge to invalidate either a provision in a contract or the whole contract. | | | A and c | Question 2 The power of the federal government to control and punish monopolies derives from which of the following? | | The Commerce Clause | | | The Separation of Powers Doctrine | | | The Monroe Doctrine | | | The ruling in Marbury v Madison | Question 3 Paul, who is not a licensed electrician, did all the wiring for an extensive renovation Manny had done to his home. Manny refuses to pay the full contract price, claiming the work was not done properly. It is illegal in their state to do electrical work for compensation without a license. Is Manny liable to Paul for his services? | | No, The contract is illegal, and Manny need not pay for the services. | | | Yes, to prevent unjust enrichment Manny is liable for the market value of the services. | | | Yes, although the contract is illegal, Paul can recover under promissory estoppel. | | | Yes, Paul can enforce the contract, but Manny is entitled to compensatory damages for any inferior work. | Question 4 Parole evidence is evidence based on _______. | | oral statements | | | usage of the trade | | | provisions handwritten into a contract | | | waivers of liability | Question 5 Alice sold her accounting business to a nation wide accounting firm...
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...LAWYERING SKILLS Professor Rogelio Lasso Summer 2012 Handout 5 THE BASIC OFFICE MEMORANDUM I. INTRODUCTION We have discussed how to analyze and apply legal authority. We have also discussed how to write a case brief, which law students usually write for their own use. Most legal writing, however, is done to communicate with others. As a law student (and new lawyer), you will receive legal problems and will be asked to analyze the problem and write up the results of that analysis. The typical vehicle that lawyers use to do this is the legal memorandum. When you write a memorandum, you will make use of the several analytical skills you have been developing. This handout explains the form and content of a legal memorandum. II. PURPOSE OF A MEMORANDUM A legal memorandum is a document written to convey information within a law firm or other organization. It is a written analysis of a legal problem. The memorandum is usually prepared by a junior attorney or by a law clerk for a more senior attorney early in the firm's handling of a legal dispute. The writer analyzes the legal rules that govern the issues raised by that problem and applies those rules to the facts of the case. These memoranda prepare attorneys to advise clients how to proceed, if at all, with prospective business dealings or litigation. The memo must be complete and objective including both the rules and facts that help the client and those that do not. In concludes with a considered opinion of...
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...PRE-EXAM PRACTICE QUESTIONS The following problem questions are from previous exams. Note what is said about Common Errors to Avoid for each of the 4 questions. The first question is the least challenging (it was weighted accordingly). The questions are not in any particular order. SAMPLE 1 Krishnah wanted to purchase a motor cycle. She applied to Pino Motors Pty Ltd (“Pino’s”) who specialised in Forum motor cycles. Krishnah informed the dealer, Zvonko, that she wanted a motor cycle which was capable of high speed and suitable for regular use in motor cycle race meetings. Zvonko recommended a Mark IV Forum motor cycle to satisfy these requirements and showed Krishnah a demonstration model in the showroom. Before placing an order and signing a written contract for a "Mark IV Forum motor cycle”, Krishnah again asked Zvonko whether this particular bike was suited for racing. Zvonko assured her it was and many racing people used this type of bike. She also asked whether these particular bikes would “hold their value, relative to most other bikes”. Zvonko responded saying, “yes, I can almost guarantee they do, based on what I have read about them in some of the industry magazines”. The contract Krishnah signed contained the term, “The parties acknowledge that this contract contains the whole agreement and that no other statements whatever induced the sale.” When Krishnah took delivery of the motor cycle, she discovered that the acceleration was slow and after testing it before and...
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..."Regulatory techniques in consumer protection: A critique of European consumer contract law." by Bar-Gill, Oren, and Omri Ben-Shahar. Introduction This is an excellent analysis of the consumer protection techniques provided under The Draft of Common European Sales Law (CESL), (2013). The critique of these techniques is well done, as the techniques are properly criticized by the authors in the discussion. The responses by the authors are astute and serve a very well way to highlight creative ways of thinking. The article is well written, logically structured and pleasure to read. Synopsis The Common European Sales Law (CESL) contains four of the most important consumer protection techniques that have been used in European Contract Law. This...
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