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F4常见问题(FAQ)

1. What is the situation with case law and the need to quote cases?
We are not teaching the intricacies of law but a basic understanding – non-lawyers get hung up with cases and sections of Acts – we don’t expect students to know section numbers. Cases will get recognition and rewards but are not necessary – candidates should support their answers with analysis referring to cases – they can give examples and refer to cases without writing out the details of the case. Candidates should substantiate their points with references or examples.

2. Discrimination ahs now gone form the syllabus is the knowledge that certain types of
    discrimination are unfair still in the syllabus?

Yes it is still there.

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3. If an EU directive was enacted into English law could it be examinable?
Yes – anything that becomes substantive English law will be examinable.

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4. In relation to the Human Rights Act is interpretation examinable?
Candidates need to know section 3 in relation to interpretation. There would not be a question about the declaration of incompatibility but it may arise on other questions in relation to substantive areas of law. It would be part of the general area of law – it would not be examined separately.

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5. In contract law do candidates need to know about anticipatory breach?
Yes as this is part of breach.

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7. In the Global paper if you had different jurisdictions how would you specify which jurisdiction governs a contract?
 I wouldn’t do this – we would assume there is no jurisdiction problem.

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6. In the Global paper could you clarify the level of detail required of Sharia law?
We have shifted the content of Sharia law – it is used as an exemplar along with common law and civil law and we have reduced them in the new syllabus. Previously candidates were required to explain the operation of the systems but now they are only required to know an outline – this is more a general background and an understanding of the syllabus. Now there is more focus on the international institutions that generate international codes.

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10. If a candidate knows lots of cases for time allocation is it sufficient to just quote one case?
One case is enough per issue. If they state the principle and cite the name the facts of the case aren’t necessary. Cases should be cited to support the law but they are not necessary – examples are fine too. They can be used to show the candidate understands the point of law.

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8. What level of knowledge and appreciation of the new Companies Act is required?
The new Companies Act will be examinable form June 2008. All of it will be examinable then.

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9. Would candidates be given credit for knowing the new Companies Act contains lots more legislation on the area of corporate governance?
Candidates are always rewarded if they know more detail than the basics that are expected.

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