Nature, purpose and classification of law – Questions and Answers

Subject Title: Introduction to Law and Governance Revision Kit

TOPIC: Nature, purpose and classification of law

QUESTION
April 2023 Question One B
List FIVE types of substantive law. (5 marks)

QUESTION
April 2023 Question Two A
Summarise FOUR differences between “civil” and “criminal cases”. (8 marks)

QUESTION
April 2023 Question Five B and C
b) Describe the procedure of making laws in parliament. (8 marks)
(c) Identify SIX challenges of common law that equity sought to mitigate. (6 marks)

QUESTION
December 2022 Question Two B and C
(b) Distinguish between “law” and “morality”. (4 marks)
(c) Subordinate courts are bound to apply the decisions of superior courts in subsequent similar cases where they have been pleaded as law.

Describe FIVE exceptions to this rule. (10 marks)

QUESTION
December 2022 Question Three C
Discuss FIVE types of precedents. (10 marks)

QUESTION
August 2022 Question One
(a) In relation to the classification of law, distinguish between:
(i) “Municipal law” and “international law”. (4 marks)
(ii) “Substantive law” and “procedural law”. (4 marks)
(b) Distinguish the remedies available in civil law and those available under criminal law.(4 marks)
(c) State eight sources of law identified by the Judicature Act. (8 marks)

QUESTION
August 2022 Question Six C
Discuss four advantages of the doctrine of “stare decisis”. (8 marks)

QUESTION
April 2022 Question Five B
(i) Examine four salient features that define the Supremacy of the Constitution of a country. (8 marks)
(ii) Highlight two ways in which a Kadhis Court might apply Islamic law. (2 marks)

QUESTION
December 2021 Question One A, B and C
(a) Describe two advantages that unwritten law has over written law. (4 marks)
(b) Identify five factors that are likely to undermine the rule of law. (5 marks)
(c) Explain six grounds for judicial review. (6 marks)

QUESTION
December 2021 Pilot Paper Question One A
Customary law is a source of law in many countries. However, it must fulfill the criteria set before it is accepted as a source of law.

With reference to the above statement, outline the criteria to be fulfilled. (10 marks)

QUESTION
August 2021 Question One A and B
a) Distinguish between “criminal law” and “civil law”. (6 marks)
(b) Explain four disadvantages of using African Customary Law as a source of law. (8 marks)

QUESTION
May 2021 Question one A
Explain four features of the civil law system. (8 marks)

QUESTION
May 2021 Question Three B and C
b) Identify four common characteristics of law. (4 marks)
c) Explain three types of delegated legislation. (6 marks)

QUESTION
November 2020 Question One C
In the context of sources of law:
(i) Explain two forms that a persuasive precedent might take. (2 marks)
(ii) Itemise six components of a judicial precedent (judgment). (6 marks)

QUESTION
November 2020 Question Two A
(i) Highlight six similarities between law and morality (6 marks)
(ii) Identify four ways in which law might be classified. (4 marks)

QUESTION
November 2020 Question Four A
Describe the requirements that an administrative body must meet in making an administrative decision in order to avoid a review of its decision by the courts.(6 marks)

QUESTION
November 2019 Question One A
i. Outline four ways through which the Supremacy of the Constitution is manifested.
(4 marks)
ii. Identify eight sources of law in your country. (8 marks)

QUESTION
November 2019 Question Four A
In the context of classification of law, state:
(i) Four modes of sentencing that a court might impose on an offender. (4 marks)
(ii) Four modes of judgement that a plaintiff might be awarded. (4 marks)

QUESTION
May 2019 Question Two B and C
b) Distinguish between “substantive” and “procedural” law. (4 marks)
c) Explain three reasons why Parliament delegates law making powers. (6 marks)

QUESTION
May 2019 Question Seven D
List four examples of law which fall under criminal law. (4 marks)

QUESTION
November 2018 Question One A and B
(a) Outline six properties of law. (6 marks)
(b) In relation to the sources of law:
(i) Distinguish between an “amendment” and a “repeal” of a law. (4 marks)
(ii) Identify four examples of persuasive precedents. (4 marks)

QUESTION
November 2018 Question Two A and B
(a) Explain the meaning of the term “written law”. (4 marks)
(b) The legislative power of parliament is exercisable through bills passed by the National Assembly.
With reference to the above statement, explain three types of bills that might be presented to parliament in your country. (6 marks)

QUESTION
May 2018 Question One A
With specific reference to sources of law:
(i) Explain three advantages of an unwritten constitution over a written one. (6 marks)
(ii) Distinguish between “obiter dicta” and “ratio decidendi”.(4 marks)

QUESTION
May 2018 Question Six D
Identify four branches of civil law. (4 marks)

QUESTION
November 2017 Question Five A
(i) List three functions of international treaties. (3 marks)
(ii) Outline five sources of international law. (5 marks)

QUESTION 26
November 2017 Question Seven C
Highlight six reasons why the law is important in commercial transactions. (6 marks)

QUESTION
May 2017 Question Three B
Describe four purposes of law. (4 marks)

QUESTION
May 2017 Question Five C and D
a) Highlight three disadvantages of case law as a source of law. (6 marks)
b) During legislation, a bill might either undergo assent or referral. Summarise the process of Presidential assent.(4 marks)

QUESTION
November 2016 Question Three B and C
b) Explain three advantages of statutes as a source of law. (6 marks)
c) Distinguish between “civil law” and “criminal law” on the basis of the following aspects:
(i) The parties. (4 marks)
(ii) The burden of proof. (2 marks)

QUESTION
November 2016 Question Five C
Describe four roles of the Attorney General in your country. (8 marks)

QUESTION
May 2016 Question One A
In relation to the sources of law:
(i) Explain the meaning of the term “common law”. (4 marks)
(ii) State four characteristics that a custom under African customary law should satisfy to be enforceable. (4 marks)
(iii) Describe two types of judicial precedents. (4 marks)

QUESTION
May 2016 Question Six A
Explain five rules that govern distribution of losses and assets upon dissolution of a partnership. (10 marks)

QUESTION
May 2016 Question Seven B
Explain the differences between “criminal law” and “civil law”. (6 marks)

QUESTION
November 2015 Question One A and B
a) Explain five main branches of civil law. (10 marks)
b) Justify the need for delegated legislation. (10 marks)

QUESTION
Pilot paper 2015 Question One A and B
a) Explain three branches of public law. (6 marks)
b) Describe the procedure to be followed when the President declines to assent to a bill passed by parliament. (8 marks)