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LPL4802 Assignment 1 (532535) Semester 1 2024 | Footnotes and Bibliography Included | Distinction Guaranteed! (Law of damages) $7.99   Add to cart

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LPL4802 Assignment 1 (532535) Semester 1 2024 | Footnotes and Bibliography Included | Distinction Guaranteed! (Law of damages)

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LPL4802 Assignment 1 (532535) Semester 1 2024 | Footnotes and Bibliography Included | Distinction Guaranteed! (Law of damages)

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  • August 16, 2024
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  • 2024/2025
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  • LPL4802 - Law Of Damages
  • LPL4802 - Law Of Damages
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LPL4802 Assignment 1
Question 1: Which of the following is a principle of the Rule of Law?
A. Government actions can be arbitrary.
B. Laws must be clear, publicized, and stable.
C. Laws should be kept secret from the public.
D. The Rule of Law does not apply to government officials.


Answer:


A) Incorrect. Government actions should not be arbitrary but should follow
established laws.
B) Correct. One principle of the Rule of Law is that laws must be clear, publicized,
and stable.
C) Incorrect. Laws should be publicized, not secret.
D) Incorrect. The Rule of Law applies to everyone, including government officials.
Question 2: In the context of constitutional law, which of the following best
describes the principle of separation of powers?
A. It concentrates power in the hands of a single branch of government.
B. It divides governmental powers among different branches to prevent abuse.
C. It allows the executive branch to have more power than the others.
D. It eliminates the judicial branch's role in government.


Answer:


A) Incorrect. The principle is about dividing power, not concentrating it.
B) Correct. Separation of powers divides government powers among different
branches to prevent any one branch from abusing power.
C) Incorrect. No branch is meant to have more power than the others.
D) Incorrect. The judicial branch is a key component of the separation of powers.
Question 3: Which of the following is a feature of a democratic legal system?
A. Laws are made and enforced by a single ruler.

,B. Citizens have the right to vote and participate in law-making processes.
C. Legal rights are determined by wealth and status.
D. The judiciary is controlled by the executive branch.


Answer:


A) Incorrect. This is characteristic of an autocratic system, not a democratic one.
B) Correct. In a democratic legal system, citizens have the right to vote and
participate in law-making processes.
C) Incorrect. Legal rights in a democracy are not determined by wealth or status.
D) Incorrect. In a democracy, the judiciary should be independent of the executive
branch.
Question 4: In the context of contract law, which of the following is necessary for a
contract to be considered legally binding?
A. Mutual agreement, consideration, and lawful purpose.
B. Written documentation regardless of agreement.
C. The contract must be made in the presence of a notary public.
D. A verbal agreement is always sufficient.


Answer:


A) Correct. For a contract to be legally binding, there must be mutual agreement,
consideration, and a lawful purpose.
B) Incorrect. While written documentation is important, mutual agreement and
other factors are crucial.
C) Incorrect. A notary public is not required for all contracts to be binding.
D) Incorrect. Verbal agreements can be binding, but not in all cases.
Question 5: Which of the following correctly defines stare decisis in legal practice?
A. The principle that previous court decisions should not influence future cases.
B. The doctrine that requires courts to follow precedents set by higher courts.
C. The idea that each case should be decided solely on its own facts, without
reference to previous decisions.

,D. The requirement for all courts to write their decisions in Latin.


Answer:


A) Incorrect. Stare decisis holds that past decisions do influence future cases.
B) Correct. Stare decisis is the doctrine that courts should follow the precedents
established by higher courts.
C) Incorrect. Stare decisis requires consideration of previous rulings, not
independent decision-making in each case.
D) Incorrect. Stare decisis does not concern the language of court decisions.Question
6: Which of the following is a key aspect of the principle of judicial review?
A. It allows the legislature to overrule judicial decisions without checks.
B. It empowers courts to assess the constitutionality of legislative and executive
actions.
C. It enables the executive branch to interpret laws.
D. It prohibits courts from reviewing actions of the government.


Answer:


A) Incorrect. Judicial review limits the power of the legislature by ensuring checks
and balances.
B) Correct. Judicial review allows courts to assess the constitutionality of laws and
government actions.
C) Incorrect. The judiciary, not the executive branch, interprets laws.
D) Incorrect. Judicial review is specifically about the courts’ role in reviewing
government actions.
Question 7: Which of the following accurately describes the concept of ultra vires in
administrative law?
A. Actions taken by a government official that are within their legal authority.
B. Actions taken by an entity that go beyond the powers conferred upon it by law.
C. Actions that are within the implied powers of a legal authority.
D. Actions that are specifically allowed under an existing statute.

, Answer:


A) Incorrect. Ultra vires refers to actions beyond legal authority.
B) Correct. Ultra vires refers to actions taken beyond the legal powers granted to an
entity or official.
C) Incorrect. Actions within implied powers are not considered ultra vires.
D) Incorrect. Actions that are specifically allowed are not ultra vires.
Question 8: In the context of human rights law, which of the following best describes
the principle of non-refoulement?
A. The right of a state to expel any non-citizen without due process.
B. The prohibition against returning individuals to a country where they may face
persecution.
C. The obligation of states to accept all refugees regardless of circumstances.
D. The principle allowing states to deny asylum to anyone without justification.


Answer:


A) Incorrect. Non-refoulement is the opposite of this, as it protects individuals from
expulsion to dangerous situations.
B) Correct. Non-refoulement prohibits sending individuals back to a country where
they could face persecution.
C) Incorrect. Non-refoulement does not obligate states to accept all refugees but
protects against returning them to danger.
D) Incorrect. Non-refoulement emphasizes protection against unjust expulsion.
Question 9: Which of the following doctrines is primarily concerned with the
distribution of legislative powers between national and regional governments in a
federal system?
A. Doctrine of proportionality
B. Doctrine of parliamentary sovereignty
C. Doctrine of subsidiarity
D. Doctrine of executive privilege

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