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CAPE Law Unit 1 study materials
CAPE Law Unit 1 study resources

CAPE Law Unit 1 practice questions

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Question 1Module 1

In Caribbean legal systems, which source of law ranks highest in the hierarchy of norms and prevails over inconsistent legislation?

  1. An Act of Parliament
  2. Judicial precedent
  3. Customary practice
  4. The Constitution Correct answer.

Explanation

A written constitution is supreme law: any law inconsistent with it is void to the extent of the inconsistency. Ordinary statutes, precedent and custom all yield to constitutional provisions, which is why constitutional challenges are heard as a distinct type of action.

Question 2Module 1

Which characteristic distinguishes a criminal prosecution from a civil action?

  1. The purpose is to punish the offender for a wrong against the state Correct answer.
  2. The parties are always private individuals
  3. The remedy sought is usually damages
  4. The claimant must prove the case on a balance of probabilities

Explanation

Criminal proceedings are brought by the state against an accused to establish guilt and impose punishment, and the standard of proof is beyond reasonable doubt. Civil actions, by contrast, settle disputes between parties and typically result in compensation or other remedies.

Question 3Module 1

A statute states that it applies to "every person who operates a motor vehicle on a public road." A defendant argues the section does not apply to motorcycles. Which approach best reflects the literal rule of statutory interpretation?

  1. Apply the mischief the statute was designed to remedy rather than the words used
  2. Interpret the section to avoid any absurd result, even if the words are strained
  3. Give the words their ordinary dictionary meaning, so a motorcycle may fall within "motor vehicle" Correct answer.
  4. Consider extrinsic material such as Hansard as the primary aid to meaning

Explanation

The literal rule requires courts to apply the ordinary, natural meaning of the words used, even where the outcome seems harsh. Broader techniques such as the golden rule, the mischief rule and recourse to Hansard are alternatives that operate only in defined circumstances.

Question 4Module 1

Which statement correctly describes the operation of the doctrine of precedent in a common law jurisdiction?

  1. Obiter dicta bind courts of equal standing in all circumstances
  2. Every decision of a lower court binds all higher courts
  3. Only the ratio decidendi of a superior court binds courts below it in the hierarchy Correct answer.
  4. Precedent is persuasive only and never binding

Explanation

Stare decisis requires a court to follow the legal reasoning (ratio decidendi) of decisions of courts superior to it within the same hierarchy. Obiter dicta are persuasive rather than binding, and lower court decisions do not bind higher courts.

Question 5Module 1

A court must decide whether a minister's decision was lawful. Which body of rules governs the review of administrative action by the courts?

  1. Criminal procedure
  2. The law of contract
  3. Administrative law Correct answer.
  4. The law of tort

Explanation

Administrative law regulates the exercise of public power and provides the grounds on which courts review decisions of public bodies, such as illegality, irrationality and procedural impropriety. Tort, contract and criminal procedure address entirely different relationships and remedies.

Question 6Module 1

Which of the following best expresses the principle of separation of powers as it relates to the judiciary?

  1. Judges must implement government policy when interpreting statutes
  2. Parliament may direct judges how to decide individual cases
  3. The executive appoints and may dismiss judges at will
  4. The judiciary must be independent of the legislature and executive in deciding cases Correct answer.

Explanation

The separation of powers requires that the judicial function be exercised independently, free from direction by the legislature or the executive. Judicial independence is secured by safeguards such as security of tenure and immunity from suit for judicial acts.

Question 7Module 1

Which court is generally the final appellate court for Commonwealth Caribbean states that retain appeals to the Privy Council?

  1. The Magistrates' Court
  2. The Court of Appeal
  3. The High Court
  4. The Judicial Committee of the Privy Council Correct answer.

Explanation

Where a state retains the appeal, the Judicial Committee of the Privy Council sits as the highest appellate tribunal above the Court of Appeal. The High Court and Magistrates' Court are trial courts, and the Court of Appeal is an intermediate appellate court.

Question 8Module 1

In a civil trial, the party bearing the burden of proof must satisfy which standard?

  1. To an absolute certainty
  2. On a prima facie showing only
  3. Beyond reasonable doubt
  4. On a balance of probabilities Correct answer.

Explanation

The civil standard requires the party to show that its version is more probable than not. The criminal standard of beyond reasonable doubt is higher and applies to the prosecution in criminal cases.

Question 9Module 1

A judge decides a case where no statute and no earlier decision directly cover the point. Which description best fits the judge's role in that situation?

  1. The judge refers the matter to Parliament and takes no decision
  2. The judge must apply the nearest foreign statute
  3. The judge must decline jurisdiction because no rule exists
  4. The judge applies existing principles by analogy and develops the common law Correct answer.

Explanation

Where authority is absent, judges reason from established principles and analogous cases, thereby developing the common law incrementally. Courts cannot simply refuse to decide a justiciable dispute for want of an existing rule.

Question 10Module 1

Which feature is most characteristic of equity as a body of law?

  1. It awards damages as of right whenever a wrong is proved
  2. It replaces the common law entirely
  3. It operates through discretionary remedies such as injunctions and specific performance Correct answer.
  4. It applies only in criminal proceedings

Explanation

Equity developed to temper the rigidity of the common law and provides discretionary remedies, notably injunctions and specific performance, granted where damages would be inadequate. It supplements rather than replaces the common law.

Question 11Module 1

A statute creates a new offence and prescribes a penalty but is silent on the mental element. Which principle guides the court in deciding whether mens rea is required?

  1. Mens rea is never required for statutory offences
  2. There is a presumption that mens rea is required unless the statute clearly excludes it Correct answer.
  3. The court must always imply strict liability for regulatory offences
  4. The prosecution must prove the accused knew the statute existed

Explanation

The common law presumes that a guilty mind is required before criminal liability attaches, and clear words are needed to displace that presumption. Whether the presumption is rebutted depends on the subject matter and the seriousness of the penalty.

Question 12Module 1

Which of the following is an essential element of a valid contract?

  1. Registration with a government office
  2. A written document signed by both parties
  3. Witnesses to the agreement
  4. Consideration moving from the promisee Correct answer.

Explanation

A simple contract requires offer, acceptance, consideration and an intention to create legal relations. Writing, registration and witnesses are formalities required only for particular categories of contract.

Question 13Module 1

An offeree posts a letter of acceptance, and the offeror never receives it. Under the postal rule, when is the contract generally formed?

  1. When the letter is posted Correct answer.
  2. When the offeree proves delivery
  3. When the offeror reads the letter
  4. When the letter is received by the offeror

Explanation

Where it is reasonable to use the post, acceptance is complete as soon as a properly addressed letter is posted, even if it is lost or delayed. The rule is an exception to the general requirement that acceptance be communicated.

Question 14Module 1

A statement made during negotiations turns out to be false. Which factor is most important in deciding whether it is a term of the contract or a mere representation?

  1. The length of the negotiations
  2. Whether the parties used lawyers
  3. The relative knowledge and expertise of the parties and the importance attached to the statement Correct answer.
  4. Whether the statement was made orally or in writing

Explanation

Courts weigh factors such as the importance the parties attached to the statement, the timing of the statement relative to formation, and the maker's knowledge compared with the other party's. Oral statements can be terms, so the mode of expression is not decisive.

Question 15Module 1

Which remedy is available for breach of contract where the innocent party wishes to be placed in the position it would have occupied had the contract been performed?

  1. Rescission
  2. An injunction
  3. Specific performance
  4. Damages Correct answer.

Explanation

Damages for breach of contract are compensatory and aim to put the claimant in the position it would have been in had the contract been performed. Specific performance and injunctions are equitable remedies granted where damages are inadequate.

Question 16Module 1

In the tort of negligence, what must a claimant establish to recover damages?

  1. Strict liability and a statutory duty
  2. An intention to injure and actual loss
  3. A contractual relationship and a breach
  4. A duty of care, breach of that duty, and damage caused by the breach Correct answer.

Explanation

Negligence requires proof of a duty of care owed by the defendant, a breach of the standard of care, and loss caused by that breach that is not too remote. Intention belongs to intentional torts, and contract is a separate source of obligation.

Question 17Module 1

Which statement best reflects the neighbour principle as formulated by Lord Atkin?

  1. A duty is owed only to persons with whom the defendant has a contract
  2. A duty is owed only to persons on the defendant's premises
  3. A duty arises only where a statute imposes it
  4. A defendant owes a duty to anyone who might foreseeably be harmed by the defendant's conduct Correct answer.

Explanation

The neighbour principle asks whether a reasonable person would foresee that carelessness could injure the claimant, establishing a general duty of care. Later cases refined it with tests of proximity and fairness, but foreseeability remains central.

Question 18Module 1

A defendant publishes a false statement about the claimant that lowers the claimant in the estimation of right-thinking members of society. Which tort is most clearly engaged?

  1. Defamation Correct answer.
  2. Trespass to the person
  3. Conversion
  4. Nuisance

Explanation

Defamation protects reputation against false statements that tend to lower a person in the estimation of others or expose the person to hatred, ridicule or contempt. Trespass, nuisance and conversion protect different interests, namely the person, land and goods.

Question 19Module 1

Which of the following is a key distinction between the criminal and civil burdens of proof?

  1. The civil standard requires proof beyond reasonable doubt
  2. The criminal standard is higher because liberty is at stake Correct answer.
  3. The civil standard is higher because money is involved
  4. Both standards are identical in practice

Explanation

Because a criminal conviction may deprive a person of liberty and carries stigma, the prosecution must prove guilt beyond reasonable doubt. Civil liability, which usually involves money, is proved on the balance of probabilities.

Question 20Module 1

Which body of law governs the relationship between the individual and the state, including the legality of official action?

  1. Private law
  2. The law merchant
  3. The conflict of laws
  4. Public law Correct answer.

Explanation

Public law covers constitutional and administrative law and regulates the exercise of state power. Private law governs relations between individuals, such as contract and tort.

Question 21Module 1

A written constitution entrenches fundamental rights and provides that legislation inconsistent with those rights is void. This provision is best described as which type of constitutional feature?

  1. A prerogative power
  2. A convention
  3. A delegated legislation
  4. A supreme-law clause Correct answer.

Explanation

A supreme-law clause makes the constitution paramount and renders inconsistent legislation invalid to the extent of the inconsistency. Conventions are non-legal political rules, prerogative powers belong to the executive, and delegated legislation is made under statutory authority.

Question 22Module 1

Which of the following best explains why judges are said to make law even under a doctrine of precedent?

  1. They legislate whenever Parliament is not sitting
  2. They develop and refine legal principles in the course of deciding cases Correct answer.
  3. They may ignore statutes they consider unwise
  4. They issue binding codes of criminal procedure

Explanation

Because courts must decide novel disputes, their reasoned decisions create principles that later courts follow, so judge-made law develops incrementally. Judges cannot disapply statutes or legislate at large, since that would breach the separation of powers.

Question 23Module 1

A statute is ambiguous and applying its words literally would produce an absurd result. Which approach allows the court to modify the ordinary meaning to avoid that absurdity?

  1. The presumption against retrospectivity
  2. The literal rule
  3. The golden rule Correct answer.
  4. The ejusdem generis rule

Explanation

The golden rule permits a departure from the ordinary meaning where it would lead to absurdity or repugnancy, while generally respecting the statutory language. The literal rule insists on ordinary meaning, ejusdem generis limits general words following a list, and the presumption against retrospectivity concerns temporal application.

Question 24Module 1

Which statement about the ratio decidendi of a case is accurate?

  1. It is the legal rule on which the decision is based and binds later courts Correct answer.
  2. It is any observation made by the judge in passing
  3. It is the dissenting judgment of the minority
  4. It is the summary of the facts prepared by counsel

Explanation

The ratio decidendi is the legal principle necessary to the decision, and it is this that carries binding authority under stare decisis. Passing observations are obiter dicta, and dissenting judgments do not bind.

Question 25Module 1

In a Commonwealth Caribbean jurisdiction, which court typically exercises original jurisdiction in serious criminal matters such as murder?

  1. The High Court Correct answer.
  2. The Privy Council
  3. The Court of Appeal
  4. The Magistrates' Court

Explanation

The High Court, usually sitting with a judge and jury, hears indictable offences such as murder. Magistrates' Courts handle summary matters, while the Court of Appeal and Privy Council exercise appellate jurisdiction.

Question 26Module 1

In the Commonwealth Caribbean legal systems, which source of law takes precedence over all others when there is a conflict?

  1. A written constitution containing an entrenched supremacy clause Correct answer.
  2. A long-standing rule of the common law applied by the courts
  3. An Act of the regional legislature passed in the current session
  4. A doctrine of equity developed by the Court of Chancery

Explanation

Where a constitution is written and supreme, any law inconsistent with it is void to the extent of the inconsistency, so the constitution ranks above ordinary legislation, common law and equity. Ordinary statutes, however recent or popular, cannot displace entrenched constitutional provisions. Common law and equity are subordinate bodies of judge-made law.

Question 27Module 1

A magistrate is asked to apply a decision of the High Court of the same jurisdiction. What is the status of that decision for the magistrate?

  1. It is binding only if the magistrate personally agrees with the reasoning
  2. It is persuasive only because magistrates are not part of the court hierarchy
  3. It has no effect because magistrates hear only statutory offences
  4. It is binding because the High Court is superior to the magistrates' court in the hierarchy Correct answer.

Explanation

Precedent operates vertically: decisions of superior courts bind inferior courts within the same hierarchy, regardless of whether the inferior judge agrees with them. Persuasive authority applies to courts outside the hierarchy, for example foreign decisions. A magistrate therefore must follow a High Court ruling on the same point.

Question 28Module 1

Which characteristic distinguishes equity from the common law as it historically developed in England?

  1. Equity was administered only by lay magistrates rather than judges
  2. Equity offered remedies where the common law gave none, guided by conscience Correct answer.
  3. Equity depended on a written code enacted by Parliament
  4. Equity replaced the common law entirely after the Judicature Acts

Explanation

Equity grew from petitions to the Chancellor and supplied remedies such as specific performance and injunction where damages at common law were inadequate, applying conscience-based standards. It never abolished the common law; the two systems were fused in administration, not in substance. Equity is judge-made, not codified.

Question 29Module 1

Which phrase best captures the doctrine of stare decisis?

  1. The king can do no wrong
  2. To hear the other side before judgment is given
  3. No one should be judge in his own cause
  4. To stand by things decided, so that like cases are treated alike Correct answer.

Explanation

Stare decisis means standing by decided matters; courts follow earlier rulings of superior courts in the same hierarchy to ensure consistency and predictability. The other phrases express the audi alteram partem rule, the nemo iudex rule and the historical Crown immunity respectively. These are distinct principles.

Question 30Module 1

A statute creates an offence and states that it is the duty of the accused to prove a particular fact. How does this affect the usual burden of proof?

  1. It transfers the entire burden so that the accused must prove innocence on the balance of probabilities
  2. It may impose an evidential or legal burden on the accused, but the prosecution still proves guilt beyond reasonable doubt Correct answer.
  3. It has no effect because burdens of proof cannot be altered by statute
  4. It removes the presumption of innocence for that offence entirely

Explanation

Statutes may place an evidential burden, or in limited cases a legal burden, on the defence, but the prosecution retains the overall burden of proving guilt beyond reasonable doubt. Reverse-onus clauses must be read consistently with the constitutional presumption of innocence where one exists. Statutory allocation of burdens is therefore possible but constrained.

Question 31Module 1

A court is considering a statute that is silent on whether a mental element is required for an offence. Which common law presumption applies?

  1. Mens rea is presumed necessary unless the statute clearly excludes it Correct answer.
  2. Strict liability is presumed because the statute is silent
  3. The accused must prove absence of fault on the balance of probabilities
  4. The offence is void because the mental element is unstated

Explanation

There is a strong presumption that mens rea is required for a criminal offence, so silence is read as requiring at least basic intent unless the wording or subject matter clearly indicates strict liability. The presumption can be displaced, for example for regulatory offences. It does not render the provision void.

Question 32Module 1

A claimant in a civil action proves that the defendant's conduct more likely than not caused the loss. Which standard of proof has been satisfied?

  1. Proof sufficient to rebut a presumption of law
  2. The balance of probabilities Correct answer.
  3. Proof to a moral certainty
  4. Beyond reasonable doubt

Explanation

In civil proceedings the party bearing the burden must persuade the court that its case is more probable than not, known as the balance of probabilities. Beyond reasonable doubt is the criminal standard. Moral certainty and rebuttal of presumptions are different concepts and do not define the civil standard.

Question 33Module 1

Which court in a typical Commonwealth Caribbean state hears indictable matters such as murder and robbery at first instance?

  1. The magistrates' court
  2. The Court of Appeal
  3. The Privy Council
  4. The High Court Correct answer.

Explanation

Serious indictable offences are tried on indictment in the High Court, usually before a judge and jury. Magistrates' courts deal with summary matters and committal proceedings. The Court of Appeal and the Privy Council are appellate bodies.

Question 34Module 1

Which statement about the ratio decidendi of a judgment is correct?

  1. It is the summary of the facts prepared by the court reporter
  2. It is any observation of the judge that is not necessary to the decision
  3. It is the legal principle on which the decision rests and binds lower courts in later cases Correct answer.
  4. It is the dissenting opinion of the minority judge

Explanation

The ratio decidendi is the rule or principle of law necessary to the court's conclusion, and it is this element that carries binding authority. Remarks not necessary to the decision are obiter dicta and are only persuasive. Facts and dissents do not constitute the ratio.

Question 35Module 1

A High Court judge is bound by a decision of the Court of Appeal of the same jurisdiction but believes it was wrongly decided. What is the judge's proper course?

  1. Refer the matter to Parliament for immediate legislation
  2. Decline to follow it because the judge considers it wrong
  3. Follow the binding precedent and leave it to a higher court to overrule Correct answer.
  4. Distinguish it by inventing a factual difference that does not exist

Explanation

A court lower in the hierarchy must apply binding precedent even if it doubts the correctness of the earlier decision; the remedy is appeal to a higher court. Distinguishing is legitimate only where the material facts genuinely differ. Judges cannot disregard binding authority at will.

Question 36Module 1

Which maxim of equity is engaged where a party delays unreasonably in seeking an equitable remedy?

  1. Equity will not suffer a wrong to be without a remedy
  2. Delay defeats equity Correct answer.
  3. He who comes to equity must come with clean hands
  4. Equity looks to the intent rather than the form

Explanation

The maxim that delay defeats equity reflects the doctrine of laches, under which a court may refuse an equitable remedy where the claimant has slept on their rights. The clean hands maxim concerns the claimant's own misconduct. The other maxims concern form and the availability of relief generally.

Question 37Module 1

A statute is ambiguous and a literal reading would produce a manifestly absurd result. Which approach permits the court to depart from the literal meaning?

  1. The expressio unius rule, by excluding what is not expressly mentioned
  2. The mischief rule, by identifying the defect the statute was intended to remedy Correct answer.
  3. The golden rule, by reading the words in their ordinary sense regardless of outcome
  4. The ejusdem generis rule, by limiting general words to the class of specific words

Explanation

The mischief rule directs the court to consider the defect or mischief the statute was designed to remedy and to interpret the words to suppress that mischief and advance the remedy. The golden rule permits a departure from literal meaning only where the literal result is absurd or repugnant, but the mischief rule is the classic approach for identifying legislative purpose. Ejusdem generis and expressio unius are linguistic canons, not purposive approaches.

Question 38Module 1

Which of the following best describes the effect of the doctrine of parliamentary sovereignty on the courts?

  1. Courts must apply validly enacted legislation and cannot invalidate it on policy grounds Correct answer.
  2. Courts may suspend a statute pending a referendum
  3. Courts share legislative power equally with the legislature
  4. Courts may strike down statutes they consider unjust

Explanation

Under parliamentary sovereignty the legislature is the supreme law-making body, and courts must give effect to validly enacted statutes rather than substituting their own views of policy. This is subject to any written constitutional limits. Courts do not share legislative power or hold referenda.

Question 39Module 1

A written constitution provides that legislation inconsistent with its fundamental rights provisions is void to the extent of the inconsistency. What is this provision commonly called?

  1. An ouster clause excluding judicial review
  2. A savings clause preserving pre-existing law
  3. An entrenched bill of rights with a supremacy clause Correct answer.
  4. A derogation clause permitting temporary suspension

Explanation

A bill of rights entrenched in a supreme constitution typically renders inconsistent legislation void to the extent of inconsistency, which is the supremacy clause. Savings clauses preserve existing law, derogation clauses allow limited suspension, and ouster clauses attempt to exclude review. These are distinct devices.

Question 40Module 1

Which principle requires a public authority to act within the powers conferred on it by law?

  1. The principle of natural justice
  2. The principle of legitimate expectation
  3. The principle of legality or ultra vires Correct answer.
  4. The principle of proportionality

Explanation

The ultra vires principle holds that a public body may act only within the powers granted by statute or the constitution, and action beyond those powers is unlawful. Legitimate expectation and proportionality are grounds of review, and natural justice concerns fair procedure. Legality is the foundational constraint.

Question 41Module 1

A tribunal hears a case in which one member has a financial interest in the outcome. Which rule of natural justice is engaged?

  1. Audi alteram partem, the right to a fair hearing
  2. Res judicata, the rule against relitigating decided matters
  3. Nemo iudex in causa sua, the rule against bias Correct answer.
  4. Ratio decidendi, the binding principle of the decision

Explanation

The rule against bias, nemo iudex in causa sua, prohibits a decision-maker from adjudicating where they have an interest in the outcome. Audi alteram partem concerns the opportunity to be heard. Res judicata and ratio decidendi belong to precedent and finality, not to procedural fairness.

Question 42Module 1

Which statement correctly describes the relationship between common law and equity after the Judicature Acts?

  1. The rules of equity prevail where there is a conflict between the two Correct answer.
  2. The common law prevails where there is a conflict between the two
  3. The two systems are administered in entirely separate courts
  4. Equity was abolished and its remedies discontinued

Explanation

The Judicature Acts fused the administration of common law and equity in the same courts and provided that equity prevails in cases of conflict. Equity was not abolished; its remedies continue to be available. The separate Chancery and common law courts were merged.

Question 43Module 1

A judge decides a novel point of law where no statute and no directly applicable precedent exist. Which description best fits the process?

  1. A purely mechanical application of an existing rule
  2. An exercise of legislative power beyond judicial authority
  3. An invalid exercise of jurisdiction requiring a new statute
  4. Judicial law-making through the development of principle, subject to appeal Correct answer.

Explanation

Where no rule directly covers the point, judges develop the law by reasoning from principle and analogy, which is a form of judicial law-making subject to review on appeal. It is not mechanical application, and it does not amount to usurping legislative power. The decision remains within the judicial function.

Question 44Module 1

Which of the following is a distinction between a civil wrong and a crime in terms of the proceedings brought?

  1. A civil claim requires proof beyond reasonable doubt, while a crime requires the balance of probabilities
  2. A civil claim always results in imprisonment, while a crime results in damages
  3. A civil claim is heard only in the High Court, while a crime is heard only in the magistrates' court
  4. A civil claim is brought by the injured party, while a crime is prosecuted by the state Correct answer.

Explanation

Civil proceedings are generally initiated by the party who has suffered loss seeking compensation or another remedy, whereas criminal proceedings are brought by the state in the public interest. The civil standard is the balance of probabilities and the criminal standard is beyond reasonable doubt. Imprisonment is a criminal sanction, and both types of case may be heard at different levels.

Question 45Module 1

A statute uses the words 'cats, dogs, and other animals'. Applying ejusdem generis, which interpretation is most appropriate?

  1. Only cats and dogs, excluding all other animals
  2. Other animals of the same kind as cats and dogs, such as domestic pets Correct answer.
  3. Any living creature, including wild birds and fish
  4. Any object, animate or inanimate, mentioned in the list

Explanation

Ejusdem generis limits general words following a list of specific items to things of the same class as those items. Cats and dogs are domestic animals, so 'other animals' would be read as similar domestic animals rather than every living creature. The rule narrows rather than expands the general term.

Question 46Module 1

Which feature is most characteristic of a federal constitution as compared with a unitary one?

  1. Legislative power is divided between a central government and regional units Correct answer.
  2. The judiciary has no power to interpret the constitution
  3. All legislative power is concentrated in a single national parliament
  4. The constitution is always unwritten and based on convention

Explanation

A federal constitution distributes legislative competence between a central legislature and constituent regional legislatures, each with defined spheres. A unitary constitution concentrates power in one national legislature, though it may devolve functions. Federal constitutions are typically written and justiciable.

Question 47Module 1

A government minister makes a decision without giving the affected person any opportunity to respond to adverse material. Which ground of judicial review is most directly engaged?

  1. Abuse of power through improper purpose
  2. Irrationality in the Wednesbury sense
  3. Procedural impropriety for breach of the right to a fair hearing Correct answer.
  4. Error of law on the face of the record

Explanation

Failure to allow an affected person to answer adverse material breaches audi alteram partem and constitutes procedural impropriety. Irrationality concerns the reasonableness of the decision, error of law concerns the legal basis, and improper purpose concerns the motive behind the power. The complaint here is about procedure.

Question 48Module 1

Which statement best explains the relationship between the literal rule and the golden rule of statutory interpretation?

  1. The golden rule requires the court to ignore the words of the statute entirely
  2. The golden rule applies only to penal statutes and never to civil ones
  3. The literal rule permits the court to rewrite the statute to achieve fairness
  4. The golden rule allows a departure from literal meaning where the literal result would be absurd or repugnant Correct answer.

Explanation

The literal rule gives words their ordinary dictionary meaning, while the golden rule operates as a modification, allowing the court to avoid an absurd or repugnant result by adopting a secondary meaning. The golden rule does not license wholesale rewriting. It applies generally, not only to penal statutes.

Question 49Module 1

A court is asked to decide whether a decision-maker's error about a jurisdictional fact invalidates the decision. Which approach best reflects orthodox judicial review?

  1. Factual findings are always conclusive and cannot be reviewed
  2. An error going to a fact on which jurisdiction depends may render the decision void Correct answer.
  3. A jurisdictional error can only be corrected by the legislature
  4. Any error of fact is automatically immune from review

Explanation

Where the existence of a fact is a precondition to the exercise of a power, a mistake about that jurisdictional fact can render the decision a nullity. Not every factual error is reviewable, but jurisdictional facts are a recognised category. Parliament and the decision-maker do not have the final word on legality.

Question 50Module 1

Which of the following best states the effect of the presumption that legislation does not operate retrospectively?

  1. A statute cannot be amended once passed
  2. A statute may only be applied by the court that enacted it
  3. A statute always applies to events before its enactment
  4. A statute generally regulates future conduct and does not alter vested rights already acquired Correct answer.

Explanation

The presumption against retrospectivity means statutes ordinarily govern future conduct and do not disturb rights already vested, unless the wording clearly indicates retrospective effect. Parliament can legislate retrospectively in express terms, subject to constitutional limits. The presumption does not restrict amendment.