NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
MARCH/APRIL2014 EXAMINATION
Course Code: LAW515
Course Title: JURISPRUDENCE 1
Time Allowed: 3 Hours
Instruction: Answer question 1 and any other 3 questions. All questions carry equal marks
1. Examine the similarities and the dissimilarities between the Natural School of law and the Positivist school of law on the functions of Law. (17.5 marks)
2. After a careful study of the level of compliance of payment of PAYEE by the private Sector, the National Assembly passes a Law according to which every private employers of Labour must register all their employees with the State Revenue Board and all managing Directors must periodically take a course regarding the benefits of paying tax, failure to follow the Law will result in a fine. A case is brought to court, where the judge refuses to apply the law on the ground that the law is unjust and thus illegitimate.
a) What are your views of the judge’s refusal? Explain
b) Peter and Paul are both employers of labour and have refused to register with the State Revenue Board. Are they at liberty to disobey an unjust law.
c) Would your answer be different if the law was on the prohibition of smoking in public places and the judge refused to apply the law on the ground that the law is morally wrong?
3 A) Identify the various types of subordinate legislation in Nigeria. (10 marks)
B) Andrew is three years at the Bar, he has his chambers located at Mushin, Lagos. In front of the building in his office he has a bold signpost which reads” Andrew & Co Solicitors, best lawyers in Town for recovery of debt “ He was appearing for Bobby in a case involving a claim of N6.5Million for a debt owned by Charles to Bobby. Charles has agreed to settle out of court and to pay by 3 installments. Charles paid 2 installment of N5M to the personal account of Andrew. 2 months after the payment Andrew did not inform Bobby about the payment. Bobby has complained to you as a law student. Advise him (7marks).
4. The importance of Judicial Precedence as a source of Law can never be over emphasized. Expound this propositions with particular references to the concept of Ratio Decendi, Obiter Dictum and Stare Decisis . (17 marks)
5. With the aid of Rules of interpretation of Statutes answer the following question;
a) A statute made it an offence ‘to impersonate any person entitled to vote.’ During the last local Government election, Adamu a 17years old school leaver has been promised N20,000 cash if he votes for People’s Party” Adamu used the voter’s card of his late father . The statute relating to voting rights required a person to be living in order to be entitled to vote. (9 marks)
b) A Cybercrimes’ Act is passed by Parliament, which provides that all cybercafés must take photographs of persons who use their computers. Martins owns a cybercafé, and duly takes photographs of all his customers. However, when the police ask Martins to hand over the photographs of some of his users suspected of cybercrimes, Martins refuses, on the grounds that the Cybercrimes Act only requires him to take the photographs, but not to share them with the police. (8.5 Marks)
6. a) Define and give examples of various kinds of ownership.( 8.5 Marks)
b) What is the Hohfeldian analysis of rights and the relations are there any differences duties and liabilities. (9 Marks)
You can get the exam summary answers for this course from 08039407882
Check anoda sample below
