Section A

Question 1.Briefly explain the meaning of the following terms ‘rights and obligations’

Question 2. Explain the distinction between DAMAGES AND DAMAGE

Question 3. Explain the distinction between Civil Law and Common Law

Question 4. Briefly explain the difference between Bill and Statute?

Question 5. Briefly explain the meaning of the terms ‘assignor and assignee’

Question 6. Explain, with examples the concept of ‘human rights’

Question 7. Explain, with examples, why, in your view, some kinds of contract must be in writing to be fully enforceable

Question 8. Briefly explain the key differences between a contract for the supply of services and a contract for the supply of goods.

Question 9. Briefly outline the legal system of your country.

Question 10. Who makes the complaint?

Question 11. Who conducts direct examination?

Question 12. Who conducts cross examination?

Question 13. Who is the major source of evidence?

Question 14. What is the decision of jury?

Question 15. What are the sources of Kazakh Law?

Question 16. What is a law made by a legislative body?

Question 17. Proposed law is called…

Question 18. What is a contract between two or more nations?

Question 19. In the law of tort explain briefly what is meant by ‘negligence’

Question 20. In the law of contract, explain briefly what is meant by ‘assignment’

Question 21. In the law of contract, explain briefly what is meant by ‘Specific performance’

Question 22. In the law of contract, explain briefly what is meant by ‘the breaching party’

Question 23. In the law of contract, explain briefly what is meant by ‘the breaching party’

Question 24. In the law of contract, explain briefly what is meant by ‘bilateral and unilateral contracts’

Question 25. In the law of contract, explain briefly what is meant by ‘the injured party ’

Question 26. In the law of contract, explain briefly what is meant by ‘consideration’

Question 27. In the law of tort explain briefly what is meant by ‘defamation’

Question 28. What does ‘agreement’ mean in the context of contract?

Question 29. Is an advertisement an offer?

Question 30. In the law of tort explain briefly what is meant by ‘invasion of privacy’

Question 31. In the criminal procedure, explain briefly what is meant by ‘search and seizure’

Question 32. In the criminal procedure, explain briefly what is meant by ‘incriminating statements’

Question 33. In the criminal procedure, explain briefly what is meant by ‘confession’

Question 34. All contracts are agreements but all agreements are not contracts." Explain.

Question 35. "A contracts without consideration is void but there are some contracts, which

even though made without consideration, are valid." Discuss.

End of section A

End of Examination Paper

Section B

Case 1

Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill began buying and selling illegal drugs.

One day Bill asked Dawn to deliver a plastic bag containing a white powder to a house on Main Street. Dawn believed the bag contained cocaine and refused, saying, "I wish you would stop dealing cocaine. I want nothing to do with your dirty business."

Bill flew into a rage. He said, "I am sick and tired of your superior attitude. If you don't deliver this bag, then I am going to kill Fluffy." He then grabbed the dog and held a knife against its side until Fluffy began to squeal.

Afraid for Fluffy’s well-being, Dawn agreed to deliver the bag and its contents. She put the bag in her purse, got into her car, and drove towards Main Street. She drove very carefully and within the posted speed limit to avoid getting stopped by the police. As she approached Main Street, a two-year-old boy, Victor, darted out in front of Dawn's car. Her car struck Victor before she had a chance to apply her brakes. Victor was killed immediately by the impact.

While still at the accident scene, the police arrived and arrested Dawn. In searching her purse they discovered the white powder. Chemical analysis revealed that the white powder was cocaine.

With what crimes may Dawn be charged and what defenses could she raise? Discuss.

Case 2

Ann was owed $500 by Victor, a former boyfriend, who refused to pay her. She knew that he kept a large amount of cash at his house. She drove there late one night with a pistol tucked in her waistband to scare him into paying her.

When Ann arrived at Victor’s house and rang the bell, he refused to let her in. She went around to the back of the house, broke a window in the back door, and let herself in.She confronted him in the living room and demanded the $500.

Victor took $500 from a desk drawer and crossed the room to Ann. But instead of handing her the money, he grabbed the gun from her waistband and pushed her away from him. He pointed the gun at her and said, “I think I will just shoot you and get you out of my hair permanently.” He did not intend to shoot her, only to scare her.

Ann was frightened and lunged at Victor’s arm. In the ensuing struggle, the gun fired, killing Victor. Ann picked up the $500 and left. As she was speeding away, she struck and injured a bicyclist.

With what crimes, if any, can Ann reasonably be charged, and what defenses, if any, can she reasonably assert? Discuss.

Case 3

Paula has owned property in a relatively undeveloped area near the top of Black Mountain for many years.

Six years ago, Telephone Company erected a cell phone transmission tower on Black Mountain not far from Paula’s property.

Four years ago, Paula built a cabin on her property and began to spend most of her free time there engaging in bird watching and other outdoor activities.

Last year, Telephone Company leased space on the tower for an emergency alert siren and agreed to install the siren and to test it regularly. The site was chosen because it allows the siren’s warning to carry farther than from any other site.

Telephone Company promptly installed the siren. Since its installation, it has tested the siren for a five-minute period weekly. The resulting sound is so loud as to cause Paula to stop whatever she is doing and cover her ears. It also greatly reduces the local bird population.

Two months ago, Paula sent a letter to Telephone Company outlining the effects of the siren and demanding that it cease its activities. Telephone Company has not responded to Paula’s demand.

Does Paula have any claim against Telephone Company? Discuss.

Case 3

Buyer wished to upgrade its 5,000 lighting fixtures to meet new energy conservation standards, but had been unable to find compatible lighting elements.

Buyer wrote to Seller, explaining its needs.

On July 1, Seller e-mailed Buyer:

We believe we can manufacture the lighting elements that you require. We are prepared to supply 5,000 at $100 each. We understand that this is much more than you anticipated paying, but the redesign to meet your specifications will not be easy. We need to do this deal by September 1. If not, we will have to turn our attention elsewhere.

Buyer was relieved that it would not need to replace its existing lighting fixtures. Buyer felt sufficiently confident that it would be able to secure funding for the purchase so it terminated ongoing negotiations with manufacturers for replacement lighting fixtures.

On August 1, Buyer received notice that funds would be available. It immediately attempted to e-mail Seller: “We got the money. We have a done deal.” Seller did not, however, receive the message because Buyer sent it to the wrong e-mail address.

On August 10, Seller e-mailed Buyer:

We have reconsidered. Because of new commitments, we will not be able to supply the lighting elements as planned. Sorry.

Because its computer was down on August 10 and 11, Buyer was unaware of Seller’s August 10th e-mail message.

On August 12, Buyer telephoned Seller and the following exchange ensued:

Buyer: Our computers have been down for a couple of days, but we assume you got our message. Our people are real excited about this.

Seller: What message? And we told you two days ago we could not do the lighting elements.

Seller has refused to supply the lighting elements. It will be very difficult and expensive for Buyer to acquire replacement lighting fixtures.

Can Buyer prevail in a breach of contract action against Seller? Discuss.