ENTRANCE SCHOLARSHIPS 2014

LAW

Answer TWO questions only

Time Permitted – 2 HOURS

1. It is an objective and well-documented fact that the majority of judges are`white, middle class, middle aged toelderly men`, but the question that has to be considered is whether this necessarily leads to the conclusion that judges reach inherently biased decisions. Discuss.

2. When faced with a piece of legislation, the courts are required to interpret its meaning so that they can apply it to the facts of the case before them. Outline the nature of these rules and comment on the manner in which they are applied.

3. Explain what is meant by devolution. How has it changed the way Scotland, Northern Ireland, and Wales are governed?

4. Outline the essential differences between criminal and civil law. How are the systems linked?

5. Either:

(a)The government in recent weeks has raised the prospect of a 75,000 cap on annual EU immigration as part of a radical change in Britain’s relationship with Europe. Comment on the legality or otherwise of the proposed change.

Or

(b)Discuss the impact of the United Kingdom’s membership of the European Union on English Law, paying particular attention to the effect on Parliamentary sovereignty.

6. Many direct attempts have been made in the recent past to reduce the operation of the Jury system within the legal system of England and Wales. Explain why Jury trials are less common and comment on whether you think they should be preserved?

7. The concept of stare decisis(binding precedent) establishes that one Court must follow the decision of a superior Court when dealing with similar cases. How rigid is the system and howthe law can adapt to new circumstances or changes in morality.

8. Rights are meaningless without the means to seek redress for their breach. Some suggest that access to justice is a fundamental right in itself.To what extent do you believe that our courts and legal procedures are open to everyone, regardless of their wealth or circumstances.

9. In 2011, magistrates’ courts dealt with around 19 out of every 20 defendants in criminal cases. Outline the role Magistrates play and comment on the wisdom of a tradition which requires lay people to play such a crucial role in our judicial system.

10. Either:

(a)In recent years British human rights legislation has been criticised by conservatives for excessive attention to the human rights of offenders at the expense of those of victims sparking calls for the review of the Human Rights Act1998 and other legislation. Do you think such calls are justified and would you be in favour of repealing the Act?

Or

(b)Comment and discuss the legal implications of the controversial ruling by Strasbourg judges that prisoners should be allowed to vote?