Annales d’anglais juridique : tous les sujets

💬  Dissertation

2021-2022

A constitution reflects a shared identity or civic vision of the state, expressing commonly- held values or foundational principles. Discuss (and compare) how the constitutions of the US and the UK reflect the above.

💬  Dissertation

2021-2022

Is UK criminal law still based on Common law?

💬  Dissertation

2021-2022

Discuss the role of judges in the English legal system, focusing on both criminal courts and civil courts

💬  Dissertation

2020-2021

Torts law is said to have many goals, mainly compensation and deterrence. Therefore, regarding Negligence and Trespass, does it mean that any person suffering a harm deserves to get damages or that a right balance must be reached between the claimant’s and the defendant’s rights ? Advice : build your essay with convincing arguments and cases. And do not cheat as the copies will be analysed with Compilatio. Length : 3 pages max.

💬  Cas pratique

2012-2013

Please answer to the questions raised by the two following facts.

Henrietta and Queen Victoria’s Pleasures Corp. Henrietta, a gentle retired lady, enjoys drinking tea with small ginger biscuits. Her cat likes licking crumbs as well. A fortnight ago, when reading the newspaper, Henrietta came across an advertisement stating « Tea- lovers! Queen Victoria’s Pleasures Corp. proposes you many varieties of teas. If you regularly drink such teas, you will develop Queen Victoria’s elegance and charisma. » She went to Queen Victoria’s Pleasures store and ordered 70 packets of Black Ceylon Tea (each packet weighs 4 ounces that is approximatively 113 grams) for a total price of 700 euros. But her order exhausted stocks and the store could only provide 20 packets to Henrietta, but it promised to order missing packets from the Indian producer the day after. Henrietta paid a part of the price (she had only 27 euros in her wallet). And as she was loaded with Christmas presents, she said to the seller that she would take away the 20 packets next time when the whole packets would be delivered. She was really happy ! At last she would be so close to her model character ! She stopped for the 5 o’clock tea at The White Rabbit, her favourite tea-room, run by Tanni. She told her all about her new purchase, but Tanni said to her that it was nonsense: to Tanni’s mind, no tea could convey Queen Victoria’s elegance and Henrietta had made a terrible mistake. Horrified by what she was hearing, Henrietta suddenly realized her impulsive purchase. Tanni tried to help her: « If it is any comfort to you, we both go the store and ask for the annulment of the order; they may not have already sent the order to the Indian producer ». Once at the store, Henrietta asked for the annulment of the order. But the director of the store, Thompson, said it was from then on impossible. Henrietta is desesperate.

💬  Commentaire de texte sur « P. S. Atiyah, Essay on contract (1986) »

2023-2024

Essay : PS Atiyah wrote, in Essay on contract (1986, reprinted Oxford, Clarendon Press, 2001, p. 150), that

« (…) bare consent (…) is a much less powerful source of obligation than (…) actual benefit rendered. Indeed, I have suggested there that it is far from clear to what degree bare consent (…) ought to be held binding at all »

Regarding English Contract law, what do you think of his statement ?

💬  Commentaire de texte sur « David Cameron, discours de novembre 2011 »

2020-2021

Answer the following essay topic. The quality of the argument, the use of supportive evidence, the accuracy of spelling and grammar will be taken into account in the marking.

« Leaving the EU is not in our national interest. Outside, we would end up like Norway, subject to every rule for the Single Market made in Brussels but unable to shape those rules. And believe me: if we weren’t in there helping write the rules, they would be written without us – the biggest supporter of open markets and free trade – and we wouldn’t like the outcome. For too long, the European Union has tried to make reality fit its institutions.

But you can only succeed in the long run if the institutions fit the reality. For years people who have suggested doing less at European level have been accused of not being committed to a successful European Union. But we sceptics have a vital point. We should look sceptically at grand plans and utopian visions. We’ve a right to ask what the European Union should and shouldn’t do… and change it accordingly. »

David Cameron, discours de novembre 2011

Analyse this quotation and explain David Cameron’s vision of EU integration in 2011. How far did his position evolve between 2011 and 2016 ? Justify your opinion.

💬  Commentaire de texte sur « Thorpe and Bailey, solicitors »

2020-2021

Essay.

« The purpose of the law of contract is not to dictate to people what contracts they enter into, but to enable a party who has made a contract to enforce it in accordance with the original intention of the parties. »

Thorpe and Bailey, solicitors

Do you share this point of view ?

Warning : 2 pages maximum (Times New Roman 12, line spacing 1,5) ; build your paper (2 ou 3 parts are welcome) and be sharp and accurate ; copy-paste and/or plagiarism (unless express quotations) are totally forbidden and will be sanctioned, no cheating !

💬  Questions de cours

2022-2023

Choose THREE among the following questions (min. 100 words / max. 200 words per question) :

1. What is a writ ? Give a definition, illustrate with an example from this semester’s course, and explain its importance at Common Law.
2. What are the key differences between Common Law and Equity ? Give one example of remedy in each case.
3. What are legal fictions ? What purpose did they serve ? Give an example taken from the course.
4. Origins and differences between « solicitors » and « barristers ».
5. What explains the popularity of royal courts in England ? Give an example taken from the course.

💬  Questions de cours

2022-2023

Private law – 30 mn – describe the different techniques of financing of a company Public law 30 mn – describe the different legal tools used by the French executive branch to cope with the Covid-19 outbreak starting March 2020

💬  Questions de cours

2021-2022

Choose THREE among the following questions (min. 100 words/ max. 300 words per

• «The invention of writs was really the making of the English Common Law » (Edward Jenks, English jurist, 1861-1939). Discuss in light of this year’s course.
• « Equity is according to the conscience of him that is Chancellor ; and, as that is larger or narrower, so is Equity » (John Selden, lawyer, 1584-1654). Discuss. What are legal fictions ? Give 3 examples in English law and explain their role. How did English law express the centrality of land ownership in England ? 5- Give the key features of the English legal professions and outline their evolution in history.

💬  Questions de cours

2020-2021

Answer the following questions. The quality of the argument, the use of supportive evidence, the accuracy of spelling and grammar will be taken into account in the marking.

Question 1 : What is the role and function of International Criminal Law? Why is it necessary to consider both a national and an international perspective? Justify your answer.

Question 2 : read the following situation, then :
a. Explain why the ICC heard the following cases.
b. Explain and justify the rationale for each of the rulings. You can draw comparisons with other ICL cases to justify your position.

Arcadia is a State party to the Rome Statute. It ratified the Statute on 1st August 1998. In August 2002 tensions in Arcadia increase, as there are increasing calls for autonomy by a province called Belovia, in which a large portion of the population is made up of the “Belovians”, a group considered by many to be more emotionally attached to Belatia, a neighbouring State that is not a party to the Rome Statute. Belovia makes up roughly 10% of Arcadia, and the population of Belovia is 75% Belovian.

Initially, this tension is dealt with by the issuance of a number of decrees signed, amongst others by Dr. Spuner, the Minister for Home Affairs. The first of these prohibits marriage between Belovians and non- Belovians. A few weeks later, on 5th September 2002, ten of the leaders of the “Belovian People’s party” miss an important party meeting. Many people think that the leaders have been taken into custody by the Arcadian government. Dr.

Spuner, who has overall authority for all prisons, denies that any of the Belovian leaders are in fact in prison on 5th October. On 1st January 2003, it is accepted that the leaders of the Belovian People’s party were indeed taken into custody, for alleged “subversion” on 5th September 2002. They are released, and claim that during their period of incarceration they were held in solitary confinement, refused access to lawyers, and repeatedly interrogated and deprived of sleep.

They also claim that the food given to them was deliberately laced with laxatives, so they did not eat it after the first week, as sanitary facilities in solitary confinement were all smashed. They appear to have lost some weight. The names of the Belovian leaders did not appear on the lists of prisoners which are submitted every month to Dr.

Spuner, however, two of the leaders taken in September say that one of the people who took them into custody said that “Spuner will give us a bonus for this” and on the 6th September 2002 a letter signed by Dr. Spuner that was passed to all prison governors stated that “all Belovian prisoners suspected of subversion are to be held in solitary confinement to prevent political activities that undermine the State”. On 2nd January 2003 the Prime Minister of Arcadia decides to send troops to Belovia.

General Gorp leads the forces into Belovia, saying that “it is time to deal with the ‘lice’, and send them back to Belatia. They’ll never spawn in Arcadia again”. “Lice” is a term which has traditionally been used as a term of abuse to refer to Belovians. Troops acting on Gorp’s orders destroy large numbers of homes belonging to Belovians, and destroy statutes of Belovian heroes in the towns. In the provincial capital of Belovia there is a museum containing many artifacts relating to the history of Belovia.

When troops arrive there, they are ordered to blow up the museum. Gorp asserts that this is as there might be ammunition there, and “anyway, its just full of old rubbish, that the lice like to crawl over”. A huge refugee outflow to Belatia starts to occur, as Belovians flee the oncoming Arcadian troops in fear. It is thought that 70% of Belovians become refugees in Belatia. All the fit men of military age (5,000) stay behind, to make a stand in the Belovian city of Margat on 30th May 2003.

They are outnumbered and surrender. They are then taken outside Margat, where they are put in a camp with the leaders of the Belovian People’s Party (who were found hiding in Margat when the Arcadian troops went into the town), the entire professoriat of the “Belovian University of Margat” and 10 famous Belovian folk singers. On 2nd June 2003 there is a disturbance at the camp, as the food is inadequate there. Five prison guards are killed as a result of the disturbance.

Gorp sends in two fighter jets “to react to the resumption of hostilities by the Belovian prisoners”. They bomb the camp, killing all the Belovians there. On 4 June 2003 bulldozers are brought in to raze the camp to the ground. This is done, and all the debris of the camp, along with the bodies are taken to a remote forest where the remains are buried at an unmarked site.

When news of the deaths of the men reaches the refugees, they are devastated. Belovians are known to marry only once, and never again. “We are left alone for life now” one is reported to say. Having children outside of marriage is unthinkable to Belovians. With the stated aim of “bringing to an end the intolerable repression of the Belovian people” Belatia attacks the Arcadian forces from the air on 15th June 2003. It also engages in airstrikes on a number of targets in the Arcadian capital.

Two particular attacks ordered by the head of the Belatian air force, General Yerl, are controversial. First, on 25th June 2003, at midnight, a blanket factory is attacked, killing 25 workers on a late shift. When questioned about this in the media, General Yerl said, “that’s the first I heard of it: one of our people on the ground told me that it was a munitions factory”. He admits he did not ask for further confirmation of this as “in war you don’t ask twice”.

Next, a car park in the centre of the Arcadian capital where ten tanks are parked is attacked. 1,000 civilians who are in the vicinity of the car park are killed. When told of the number of civilian casualties, Yerl comments to the international media that “that’s about what I expected, but what does the Arcadian government expect if they put tanks in town centres”. Dr. Spuner and General Gorp are transferred to the ICC, and charged with genocide, crimes against humanity and war crimes.

General Yerl is transferred to the ICC, and charged with war crimes and crimes against humanity.

💬  Questions de cours

2020-2021

Choose THREE among the following questions (min. 100 words / max. 200 words per question) :

1. Meaning and sources of the Common Law.
2. The writ system (give at least one example).
3. The origins and development of Equity until the Judicature Acts (1873-75).
4. The divisions of the Curia Regis.
5. The origins of today’s legal professions.

💬  Questions de cours

2020-2021 · Bairbre NI CHIOSAIN

Answer both questions

1. Outline the situations in which judges might avoid following a decision in an earlier case and discuss reasons why they might wish to do so. (12 points)
2. Discuss the role of a jury in the English legal system and compare this briefly to the French system. (8 points)

💬  Questions de cours

2020-2021

Chaque question doit être traitée en une page maximum.

1. What are the main principles governing the liability of the air carrier ?
2. The right to environment.

💬  Questions de cours

2018-2019 · Mc LELLAN

Answer all THREE questions :

1. What difficulties is the International Criminal Court currently facing ?
2. What are the main obstacles for including terrorism in the catalogue of core international crimes ?
3. Discuss the legal distinction between genocide and crimes against humanity.

💬  Questions de cours

2018-2019

1. Short-answer questions. Answer all THREE questions in around 50-60 words each :

a. Why did the UK hold an in/out referendum in 1975 ?

b. What was the original aim of the Common Agricultural Policy ? What is its main goal today ?

c. Briefly sum up the Factortame case of 1989.

2. Essay question

Discuss the arguments for and against a « hard brexit ».

💬  Questions de cours

2018-2019

Please answer the following questions :

1. First, what is Privity (notion and exceptions) ? (10 points)
2. Secondly, what are the four required conditions to have a valid consideration ? (10 points)

💬  Questions de cours

2016-2017 · Mc LELLAN

1. Answer all the following short-answer questions in around 40 to 60 words each :

a. What are the main goals of the Common Agricultural policy today ?

b. What were the consequences of the 1991 Factortame case ?

c. What is the « Norwegian model » ? In your view, would it be positive for the UK to follow this model ?

2. Essay

Discuss the way in which parliamentary sovereignty has impacted the UK’s membership of the EU from its accession in 1973 to the Brexit referendum in 2016.

💬  QCM

2024-2025

1. Aristotle’s theory of separation of powers proposes a division of powers based on:Avalue judgementBrationalityCpolitical liberalism
2. Why does John Locke not include the judiciary in his theory of the separation of powers?Abecause, according to him, it does not fall within the scope of the executive poweBbecause, according to him, it does not fall within the scope of the legislative poweCbecause, according to him, the judiciary is not a powe
3. According to Montesquieu, what is good government?AThat which guarantees the individual freedoms of the citizensBThat in which the powers are held by the government aloneCThat which has no powe
4. Nowadays, the separation of powers is carried out betweenAjudicial, legislative and executive powersBgovernmental, parliamentary and judicial powersCdecision-making, executive, advisory and supervisory powers.
5. What are the two aspects of Parliament’s deliberative power today?Athe power to legislate and oversee its applicationBthe power to scrutinise and refer to the courtsCthe power to limit government action and the power to demand information
6. The primary ideal of the European Community, created in 1957, was to:AGuarantee the fundamental rights of individualsBGuarantee peace between member statesCGuarantee a fruitful economic area for member states
7. What are the new rights introduced by the European Convention on Human Rights that were not included in the European Charter of Human Rights?Abioethics, protection of personal dataBdignity, equalityCsolidarity, citizenship
8. The cases of Matthews v. United Kingdom of 18 February 1999 and Bosphorus v. Ireland of 30 June 2005, decided by the ECHR, are an opportunity for the Court toAconsider itself competent to review primary and secondary law of the European CommunitiesBconsider itself not competent to review primary and secondary law because the European Union has not acceded to the ConventionCconsider itself competent to review primary law but refuse to review secondary law

9. How can national parliaments influence the European decision-making process to ensure that the democratic principles of the European Union are respected?
10. A. by exercising serious control over their government’s European activities
    B. by legislating differently from European policies
    C. by blocking the application of European law The European Court of Human Rights considers that
    A. there is a difference in the level of protection of rights between the EU and the Council of Europe
    B. that the protection of rights at EU level is not as effective as that of the Council of Europe.
    C. there is equivalent protection of rights at EU and Council of Europe level.

💬  Cas pratique

2023 · Pierre de BOISSIEU

Please write everything directly on this exam paper. Do not hand in a separate exam sheet.

1. Content questions

A. Briefly explain the difference between GDP and GNP. (2 points)
B. Explain why ‘full employment’ is a controversial concept in the US. (3 points)
C. Please define the CPI. (3 points)

2. Grammar

Please choose the correct tenses and indicate which tense you used in the brackets. You also have to choose the correct preposition when indicated. (Adapted from the Financial Times, September 2022) As Europe’s energy crisis and climate concerns swing momentum back behind nuclear power, the plans to build new reactor plants in France should have been a boost 2 (preposition) an industry emerging (preposition) two decades of political reproval and dried up order books.

Instead, France’s nuclear renaissance, one of the most ambitious of the revivals contemplated by a growing number of governments, (to be fraught) with concerns. Critics question whether constructors still have the knowhow to build reactors and deliver them on time, and whether they can find enough people to get the work done.

« We’d been told for years: please, prepare yourselves to shut reactors, » Jean- Bernard Lévy, the outgoing chief executive of state-controlled French nuclear site operator EDF, (to tell) a conference in Paris in August. He was flanked by a government minister as he (to deliver) his rebuke and warned (preposition) a lack of qualified construction staff. France (to be) Europe’s nuclear energy champion for some time.

A wave of plant construction between the 1970s and 90s (to give) the country its 56 reactors still standing today, before political and public sentiment (to begin) to waver. 3

3. Reading comprehension ( / Read the following passage. Answer the questions in your own words. Write clearly and in full sentences. 5 10 15 20 25 30 35 Financial Times Saturday, September 10, 2022 Does UK unemployment really have to rise? Hermione Taylor The UK labour market is running hot. Unemployment remains doggedly low at 3.8 per cent, and vacancies have dipped only slightly. This means there is now in effect almost one vacancy for every person currently registered as unemployed. Things have changed significantly. In early 2020, there were almost twice as many unemployed workers as vacancies. Wages are also rising, but not keeping pace with inflation: real regular pay has fallen by 3 per cent over the year. But today’s nominal pay growth is still causing disquiet. We know the Bank of England is disconcerted by the state of the labour market. In its August monetary policy report, it revealed that it expects nominal wage growth to intensify inflationary pressures over the near term. It also highlighted the UK’s high level of vacancies, stating « the ratio of vacancies to unemployment implies a greater degree of labour market tightness and more upward pressure on wage growth ». Rate increases should put the brakes on wage rises by cooling expectations of future inflation and reducing pay demands. But they will also put the brakes on the economy: the BoE expects to see unemployment of 6 per cent as the economy contracts over the next few years. Yet is it possible that the economy will cool to a sweet spot where vacancies and wage growth are reduced without unemployment having to rise? After all, these are not normal times. The debate about the possibility of a « jobful » recession has been rumbling on in the US, and at first glance, the case looks promising. US Federal Reserve economists say in a recent paper that a labour market « soft landing » is possible. Their research found the high vacancies to unemployment ratio means it should be possible to reduce vacancies with less of an effect on hiring than in the past. This could be good news for the UK, which has a particularly acute vacancies problem. Research from the Oxford University Migration Observatory found that Brexit has played a part: the rise in vacancies in the UK has been highest in jobs that relied most heavily on EU workers pre-pandemic. But there are other competing explanations too: 4 40 45 50 the paper argued that « higher inactivity among the over-50s has been the most important contributor to the decrease in the size of the workforce ». Some economists argue that vacancies and unemployment are driven by different factors. While vacancies are a function of how good the labour market is at « matching » workers to jobs, unemployment moves with economic activity. They argue that higher vacancies are not just « slack » that can be painlessly removed, but a more ominous sign. High vacancies suggest the matching efficiency of the labour market has worsened. Yet hope remains that this time, it might be different. Fed economists Andrew Figura and Chris Waller hope that « something unprecedented can occur because the labour market is in an unprecedented situation ». Let’s hope they are right: a surprise to the upside would certainly be welcome.AExplain in your own words what changed in the British labour market between early 2020 and September 2022. (2 points)BIn your own words, explain why the Bank of England was concerned about the UK’s labour market. (2 points) 5CIn your own words, please explain what interest-rate increases were expected to achieve. (2 points)DPlease give one key finding in the research carried out by the Oxford University Migration Observatory. (2 points)
4. Graph commentary ( / You will be awarded for the content of your commentary and for the quality of your English. Content: /8 English: /8 6 *The vertical line to the left is in percentages. Please write a short commentary of the graph above:

💬  Cas pratique

2023 · Patrice LECOCQ

I. COMPLETE THE FOLLOWING SENTENCES, ADDING 15-30 WORDS. DO NOT START A NEW SENTENCE.

1. One of the main purposes of punishment is….
2. Even though the freedom of expressive association…
3. On cross-examination…..
4. In order for a plea bargain to be accepted by a judge…
5. In Terry v. Ohio….

II. READ THE FOLLOWING DOCUMENT AND ANSWER EACH OF THE QUESTIONS BELOW (TEN LINES EACH/100 WORDS). USE YOUR OWN WORDS. DO NOT QUOTE DIRECTLY FROM THE TEXT “A landmark Supreme Court fight over social media now looks likely” By Robert Barnes and Ann E.

Marimow, The Washington Post, September 19, 2022 Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark Supreme Court decision on whether the First Amendment protects Big Tech’s editorial discretion or forbids its censorship of unpopular views. The stakes are high not just for the government and the companies, but because of the increasingly dominant role platforms such as Twitter and Facebook play in American democracy and elections.

Social media posts have the potential to amplify disinformation or hateful speech, but removal of controversial viewpoints can stifle public discourse about important political issues. Governments that say conservative voices are the ones most often eliminated by the decisions of tech companies scored a major victory Friday, when a divided panel of the U.S. Court of Appeals for the 5th Circuit upheld a Texas law barring companies from removing posts based on political ideology. (…) But a unanimous panel of the U.S.

Court of Appeals for the 11th Circuit went the other way earlier this year, saying that a similar Florida law violated constitutional protections for tech companies that do not want to host views on their platforms that they find hateful, divisive or false.

Judge Kevin Newsom criticized a depiction of social media platforms as “dumb pipes … reflexively transmitting data from point A to point B.” Instead, he wrote, their “content-moderation decisions constitute the same sort of editorial judgments” entitled to First Amendment protections when made by a newspaper.

All of the appeals court judges considering the Florida and Texas laws have noted the difficulty of applying some Supreme Court precedents regarding legacy media. (…) “We are in a new arena, a very extensive one, for speakers and for those who would moderate their speech,” wrote Judge Leslie Southwick, who has served on the 5th Circuit for 15 years and dissented from Friday’s decision. “None of the precedents fit seamlessly. … The closest match I see is case law establishing the right of newspapers to control what they do and do not print, and that is the law that guides me until the Supreme Court gives us more.” It is possible such guidance will come soon, perhaps in the term that begins next month.

Disagreements among lower courts about important legal issues is the most likely driver of the Supreme Court’s decision to take up a case, and Florida’s petition challenging the 11th Circuit ruling is due at the high court Wednesday. (…) Oldham’s opinion [in the 5th Circuit case] [held] that social media companies “offer a rather odd inversion of the First Amendment.” “That Amendment, of course, protects every person’s right to ‘the freedom of speech,’” Oldham wrote. “But the platforms argue that buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.” Generally, legal experts closely tracking the case said the 5th Circuit decision is at odds with long- standing court precedent and warned that the Texas law would force the companies to disseminate what they consider misinformation and harmful content on their platforms. (…) At its core, the First Amendment protects against government infringement on speech.

Courts have also held that the First Amendment protects the right of private companies, including newspapers and broadcasters, to control the speech they publish and disseminate.

That includes the right of editors not to publish something they don’t want to publish. (…) Oldham distinguished newspapers from social media platforms, which Oldham writes are more akin to “common carriers” like telephone companies. (…) Legal experts said the court was correct to note the difference, but that online platforms are distinct from phone companies, for instance, which do not cut off service based on the content of a conversation. (…) Some laws that would be unconstitutional as applied to news outlets and their publishing decisions may be permitted when it comes to social media platforms, Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University, suggested.

A social media company could be required, for instance, to explain its decision to remove someone from its platform or to be more transparent about how it moderates content. Both the Texas and Florida laws have such provisions, and the judges reviewing them were inclined to let them stand. Alan Z.

Rozenshtein, a professor at the University of Minnesota Law School, agreed with the 5th Circuit’s description of social media platforms as increasingly central to public discussion, and said there is potentially a role for some government regulation of content moderation.

But he said the Texas law goes too far, calling the 5th Circuit’s position that content moderation is censorship “extreme.” The companies, he said, are trying to create platforms that their users “want to hang out on.” “We can talk about whether or not Nazis and terrorists should have the right to speak, but it’s not straightforward censorship,” he said. “If you have an unmoderated cesspool, that’s great for the trolls, but that’s not conducive to other people’s speech

– especially to those who are going to be threatened and turned off. There has to be some balance.” (…) Questions:

1. What general constitutional issue does the article focus on? Why might the U.S. Supreme Court hear a case raising it soon?
2. What have the 5th and 11th Circuits held on this issue and why? What do experts think of those rulings?
3. Discuss and give your opinion on the underlined sentence.

III. CASE STUDY. ANSWER THE FOLLOWING PRACTICAL CASE IN APPROXIMATELY 300 WORDS. (+/- 10%) At 3:00 a.m. Saturday morning a homeowner called the Sunnydale Police Department to notify officers about a house party taking place next door. The caller was concerned as some of the party guests appeared to be under the legal age of drinking, seemed intoxicated, and looked to be preparing to drive away. Two officers on patrol drove towards the scene.

As the officers arrived, they saw one of the party guests, 17-year-old Mike, drive away from the house party. The officers made a U-turn, turned on their police sirens, and attempted to pull Mike’s car over. However, Mike began speeding above the speed limit and refused to stop his car. Mike drove through a red light and hit a pedestrian crossing the street. Mike then immediately stopped his car to help the pedestrian and was approached by the police while doing so.

As the police approached Mike he began to cry hysterically while exclaiming “I’m sorry. This was my first-time drinking. I was celebrating my birthday. I will turn 18 tomorrow.” One of the officers stated “thanks for the confession. You are now under arrest.” Unfortunately, the pedestrian was severely hurt and died in the hospital. Mike was later charged with Drinking Under the Influence (D.U.I.) and the death of the pedestrian.

Comment on the legal implications that this case raises and suggest the sentence that Mike could receive if he were convicted of the crimes that he was charged with.

💬  Cas pratique

2023 · Géraldine GADBIN-GEORGE

You are an English solicitor. Further to the legal advice you gave him on 1 December 2022, Mark Dollhouse, the manager of Luvmybike Ltd (a successful company which owns two bicycle shops, one in Manchester and the other in Bath), comes back to see you seeking further advice on the following four issues (4 questions, 25% each).

💬  Commentaire de texte sur « Jim Harper, « Remember the Common Law » (Cato Institute, 2016) »

2023

ESSAY QUESTION Comment this paragraph from Jim Harper (a senior lawyer whose main area of interest concern s adapting law and policy to the information age), extracted from a speech entitled ‘Remember the Common Law’ given at the Cato Institute, on March 11, 2016 : “Part of the genius of the common law is its mix of adaptability and consistency.

💬  Questions de cours

2023

I. Define each of the following words/terms in at least five sentences and in your own words. Half the grade will be for your English, the other half for your content (question I = 40% of the total grade).
a. Politicization.
b. Checks and Balances.
c. Judicial restraint and judicial activism.

II. Choose ONE of the following topics and write an essay of at least 300 words. It can be longer, and it must be in your own words. Half the grade will be for your English, the other half for your content (question II = 60% of the total grade).

To structure your essay be sure to include: – A short definition of the issue / definition of key terms related to this specific issue. – Mention key players involved (political actors, various organizations, etc.). – Outline a timeline of past events related to the issue to provide a contextualization. – Be sure to explain controversies/debates regarding this issue.
a. The 4th and 5th powers’ roles have been vividly discussed in the United States over the last few years.

Overall, would you say they play a positive or negative role in the democratic debate?
b. President Biden’s first two years of his presidency have been exceptional, both because of various events, a specific political climate, and the somewhat surprising results of the midterm elections. In your opinion, would you say that Biden managed to handle the situation?

💬  Questions de cours

2023

Exercises can be done in any order.

I. Complete the following sentences, adding between 10 and 25 words. Do not start a new sentence. The 10 th Amendment… Since the Articles of Confederation failed to… While each state has 2… For a bill to become a law… In addition to enumerated powers…

II. Read the following document and answer each of the questions below (approximately ten lines/ 100 words for each question). Use your own words. DO NOT QUOTE DIRECTLY FROM THE TEXT. “The Supreme Court Reform that Could Actually Win Bi partisan Support,” Jeffrey L. Fisher, Politico , 07/21/2022 (…) There is one idea, though, that has long-standing bipartisan support, a proven record of success, and practical wisdom behind it: term limits.

Imposing term limits on Supreme Court justices would be good for the country and the court. It would help eas e the bitterness of the confirmation process and make the court more representative of the public’s views. And while conservatives might currently balk in light of their 6-3 majority, it’s a change that would not necessarily advantage either side over the long run.

The most common version of this reform contemplates justices serving non-renewable 18-year terms, staggered so that one term ends every two years. This would mean that presidents would get to nominate new justices in the first and third years of their own administrations. Retirements and nominations would occur like clockwork.

The result would be a court whose membership, at any given time, would reflect the selections of the past 4 1/2 presidential administrations. (…) [A] ll signs suggest that o ur system of life tenure for Supreme Court justices is, at best, an outdated relic of bygone times. Throughout the first 200 years of our history, justices served an average of 15 years on the court. Since 1970, the average tenure has almost doubled.

Justi ces appointed today who are in their 40s or early 50s can be expected to serve between 30 and 40 years – maybe even longer. (..).) Such limits would also make Supreme Court appointments less random and more closely tied to electoral outcomes. (If we had te rm limits today, our court would consist of one Biden appointee, two Trump appointees, four Obama appointees and one Bush appointee.) There is no inherent good served when one president gets zero appointments and the next gets several.

Nor is there any dis cernible benefit of having justices serve more than two decades, ever more removed from the commercial and cultural vibrations of our nation. Eighteen years is plenty of time to become settled into the role and to exercise the power of a Supreme Court just ice. Indeed, term limits would enhance the odds of justices serving on the court during the time when we would expect peak performance from them – that is, the optimal mixture of experience, wisdom and mental acuity.

Why would we want to maintain a system that incentivizes presidents to put forth ever younger nominees? Under a system of term limits, the public would likely expect justices to be nominated in their late 50s or early 60s and to serve into their 70s. Finally, and perhaps most importantly, the re is good reason to think that term limits would reduce the political incentives (not to mention the rancor) surrounding retirements, appointments and the confirmation process. When justices are perceived – rightly or not

– as trying to time their retirem ents so that presidents of particular parties can replace them, the public cannot help but think that Supreme Court voting patterns must be tied to politics, not law. By establishing known endpoints to justices’ terms, we could reinvigorate an apolitical f eel to the comings and goings of justices. (…) To be sure, so long as the Senate retains its constitutional “advice and consent” role, it would seemingly retain the power simply to block any presidential nominee not to its liking.

One would hope that the p ublic, under a system of regularized term limits, would not stand for any exertion of such raw political authority. But if any such practice developed (or if there were sufficient reason in advance to think it would), a further constitutional tweak may be in order. Skeptics of term limits have raised a few other concerns. First, they argue that increased turnover on the court (compared to the past few decades) will lead to less stable law.

But the converse seems just as likely: A steady stream of justices who are fresh to the institution might generate more deference to the institution itself. Putting aside the conservative movement to overrule Roe v. Wade , new justices are historically more willing to accept precedent as they find it.

Moreover, if the refo rm indeed produces appointees that are somewhat older than those in recent years, the greater seasoning that often comes with age would likely produce justices in future years with more measured, and less revolutionary, views. (…) Lastly, one might reasona bly wonder why in the world we should favor a system that would result in more confirmation hearings. Have we learned nothing, one might ask, from recent history? In response, I will end where I began.

The whole point of term limits would be to regularize the appointment and confirmation process; to make the nominations of new justices more unremarkable; and generally to lower the temperature regarding the court and its personnel. The reform would not be a panacea. But it would curb our worst instincts and tendencies that have developed in this realm. And that can only benefit the American people and the rule of law. (…) Questions:

1. What plan does the journalist present in this article and why has it become a necessity?
2. What would be the pros and cons of such a reform?
3. Comment upon the underlined sentence.

III. Choose ONE of the following topics and write an essay in approximately 300 words (+/- 10%). Consider this quotation from 1835 in the context of the USA today: “The President of the United States enjoys almost royal prerogatives which he has no chance of exercising and those rights which he can at present use are very circumscribed.” (Alexis de To cqueville, Democracy in America , 1835)

Does the US electoral system guarantee enough democracy?

💬  Questions de cours

2023

In the months leading up to the collapse of OOMLT 2005-31 – and all the other pools of home loans he had bought credit default swaps on – Michael Burry noted several remarks from Ben Bernanke and Henry Paulson. Each said, repeatedly, that he saw no possibility of “contagion” in the financial markets from the losses in subprime mortgages. “When I first started shorting these mortgages in 2005,” Burry wrote in an email, “I knew full well that it was not likely to pay out within two years

– and for a very simple reason. The vast majority of mortgages originated the last few years had a rather ominously attractive feature called the ‘teaser rate period’. Those 2005 mortgages are only now reaching the end of their teaser periods, and it will be 2008 before the 2006 mortgages get there. What sane person on Earth would confidently conclude in early 2007, smack dab in the midst of the mother of all teaser rate scams, that the subprime fallout will not result in contagion?

The bill literally has not even come due.” Across Wall Street, subprime mortgage bond traders were long and wrong, and scrambling to sell their positions – or scrambling to buy insurance on them. Michael Burry’s credit default swaps were suddenly fashionable. What still shocked him, however, was that the market had been so slow to assimilate material. “You could see that all these deals were sucking wind2 leading up to the reset date,” he said. “[…] I was in a state of perpetual disbelief.

I would have thought that someone would have recognized what was coming before June 2007. If it really took that June remit data3 to cause a sudden realization, well it makes me wonder what a ‘Wall Street Analyst’ really does all day. ” 1. OOMLT 2005-3: a pool of subprime mortgages that Burry had bought (loans made between April and June of 2005, by a company called Option One).

2. to suck wind: in business, to perform very poorly.
3. remit data/remittance data: monthly information on the performance of underlying loans (delinquencies, foreclosures, bankruptcies…) Source: Michael LEWIS (2010), The Big Short: Inside the Doomsday Machine, Penguin, pp. 197-198 Answer the following questions using your knowledge of the subprime crisis. Use complete sentences for questions 2 to 1) Propose definitions or synonyms for the following words or expressions (underlined in bold in the text) Pay out _ Reset date _ _ 2
4. Who is the author? Comment on the register used in the text; provide examples.
5. Lines 5 to 11 quote an email from Michael Burry. Based on the information provided in the text, when would you say that email was written? (Provide a rough estimate)
6. L. 12-13: Explain what the author means when he says bond traders were “long and wrong, and scrambling to sell their positions”.
7. L.17-19: Explain the final comment: “If it really took that June remit data to cause a sudden realization, well it makes me wonder what a ‘Wall Street Analyst’ really does all day.” 3
8. Which scene from the movie best illustrates the events and concerns highlighted in this passage? Justify your answer. Extended writing exercise You are a chief economist at JP Morgan Chase. You have to explain why inflation expectations are particularly important for the Federal Reserve in the current context (December 2022-January 2023), and how the Federal Reserve’s policy statements and monetary decisions can influence these expectations. Use Doc 1, Doc 2 and Doc 3 to write a report (300-350 words) including: -A short introduction to the economic context in the USA (Doc 1) -A brief description of the key elements provided in Docs 2 and 3 -A personal commentary/discussion Your report has to be written in formal English and will be read by all the company members. Doc 1. Key figures about the US economy (October-November 2022) GDP growth rate (Q3 2022) 2.9% Unemployment rate (Q3 2022) 3.7% Fed Funds target range (November 2022) 3.75%-4% Inflation rate (October 2022) 7.7% 4 Doc
9. US Inflation Expectations Remain High As Inflation Surges, The Conference Board, May 02, 2022 Doc
10. Hall of mirrors: How consumers think about inflation, Carlo Pizzinelli, IMF, September 2022

OOMLT 2005-31 désigne un pool de crédits immobiliers subprime (Option One Mortgage Loan Trust, émission 2005-31). L’extrait est tiré de Michael Lewis, The Big Short.

💬  Questions de cours sur « Dark Lit Sweep »

2022-2023 · Pierre BERTRANDIAS

Vous pourrez répondre en anglais ou en français aux questions. Une attention toute particulière sera portée à la présentation, la rédaction et la manière de présenter vos divers arguments de réponse.

You can answer in English or French to the question asked below. We will take into consideration the overall presentation, your wording as well as your way of presenting your arguments when answering the questions.

1. You are an analyst working for an investment bank within ECM desk at Bearn & Cie , based in NY. You have a meeting with Gaby Barnes , a successful entrepreneur in the coming days. Her company, MBF, is a 5 years old FinTech unicorn generating $800mn of sales, $230mn net cash flow from operating activities and a total estimated REO (Return on Equity) of 35%. She is the sole owner of the company as of today. She is looking to raise money so she can expand MBF activities and reach new markets and is looking for an acquisition in EMEA. As of today, MBF is privately owned and your analysis shows that the valuation reaches $1.350bn. You know that Gaby, and her management team, has been pitched already by Litt & Pearson Specter (a massive private equity company), they are willing to invest $500mn, with a deal structured with the following characteristics: 50% equity and 25% of senior debt (7% interest rate for 10 years) and 25% junior debt (10% interest rate for 5 years). This deal would also cost MBF $150k but the valuation of the company is expected to reach $1.6bn. Your team just submitted to Gaby a pitchbook to be selected as bookrunner of MBF IPO where MBF could raise between $300mn to $800mn in equities. Should Gaby select Bearn & Cie for the IPO, it would cost MBF $300k. Describe to Gaby the steps of an IPO and explain to her the pro vs cons of such an operation with Bearn & Cie vs taking the private equity deal (think about liquidity, structure of the deal and ownership of the company, cost of capital, total money raise in the IPO vs Private Equity, liquidity, valuation in both scenarios, etc.)
2. You have recently been hired within a big brokerage firm working within the Cash Equity Execution Desk. Your client, a big Asset Manager, sends you an order to buy $100mn Total SA shares on its behalf and wants you to manage the entire execution. You know that your desk provides usually the following services when it comes to execution: usage of “Dark Lit Sweep” trading algorithm to find the liquidity available in the market. usage of Iceberg Order on Lit Venues. usage of at least 20% of the nominal executed within the closing auctions of the primary venue. usage of all european MTFs and alternative venues. usage of OTC trading (not more than 10% of the notional executed). Explain to your client the execution strategy you will use to execute the trades. Your explanation should be sales-oriented and will take into consideration what you have learnt when it comes to trading across different venues, how iceberg order works, why you will be using Dark Pool as well as Lit execution channel, information leakage, fees, spreads etc.
3. Please describe market making activities and their different business models.
4. Please draw a trading order book with sizes and prices showing an aggressive order which executes two sell orders.
5. Please explain what an ETF is.
6. What are the roles of a clearing house?

💬  Questions de cours

2022 · Elizabeth DODARD

N.B. : remember to write all your answers double spaced.

1. Complete the following sentences with at least 10 words in order to illustrate the meaning of the underlined notion s. (5 points)

In spite of dividends … …, whereas futures …

2. Translate the following paragraph into English (5 points)

Après une année noire sur les marchés obligataires, bon nombre de gérants se positionnent sur les titres de dette pour leur rendement à nouveau élevé, jamais observé depuis des années, avec une préférence marquée pour les maturités courtes et les titres les mieux notés.

3. Essay (10 points)

Briefly compare Eugene Fama’s approach of capital markets with Robert Shiller’s and use current developments in capital markets to illustrate their ideas. Write about 300 words double-spaced. Do not forget to indicate the number of words.

4. Comprehension (10 points)

Read the article, then answer the questions. Write 3 to 6 lines (double spaced) in full sentences for each answer. Use your own words
a. Explain the following sentence: “ New regulations are forcing many others to recast their wares in less virtuous colours. ”
b. Explain the terms “greenery” and “greenwashing”.
c. Explain the so-called ‘transatlantic divide’ mentioned in paragraph

Uncle Sham: dubious green funds are rampant in America The Economist , 1 st December, 2022 It is not easy being green. In November Amundi, Europe’s largest investment manager, downgraded most of its €45bn ($47bn) of funds ranked Article 9, the highest grade in the EU ’s sustainability disclosures, to Article 8, or “light green”. New regulations are forcing many others to recast their wares in less virtuous colours. Nearly one-tenth of all Article 9 funds have left the category since the European Commission tightened its criteria, in July. That has exposed European fund managers to accusations of greenwashing , and for some the label is deserved. But new research published this week in the Review of Finance, an academic journal, suggests American firms are doing worse. When it comes to sustainable investing, Wall Street stalwarts appear to run a fully fledged laundromat of exaggerated sales pitches and bogus claims. To gauge this the authors examined funds that have signed up to the un-sponsored Principles for Responsible Investment ( PRI ), a scheme that investment managers can sign up to certify they take account of environmental, social and governance ( ES G ) principles when making investment decisions. On the face of it, that is a promisingly large sample: 2,000 investors, overseeing $135trn of assets, now say they will obey the PRI. The problem is that such pledges can mean little. Looking at the period from 2003 to 2017, researchers found no sign that the portfolios of PRI signatories in America had higher ESG scores, across a range of metrics, than non-signatories. Their peers across the pond scored much higher. “There could be a couple of bad apples in Europe. But it’s not the entire cart that’s rotten,” points out Alex Edmans, a finance professor at London Business School and the editor of the study. American fund managers might argue, in their defence, that they are trying to help dirty companies get greener rather than simply dumping their shares as European funds might do, and are being penalised for this. But the researchers find little evidence of that. Instead they report that American PRI signatories were less likely to engage, as shareholders, with the companies they owned than their European counterparts. Three years after the initial investment, ESG scores at those investee firms were found to be no better. Higher grades may not be the answer anyway. ESG ratings are themselves often flaky and may be a poor proxy for emissions. The transatlantic divide , the paper suggests, may stem from a divergence in regulation. Europe’s rules are tedious and sometimes misguided. But at least they provide detailed guidance on what counts as sustainable and how green mandates should fit with fund managers’ fiduciary duties. By contrast American firms seem to be defining their own rules; some simply sign up to the PRI in the sole hope of attracting green-conscious investors, with little to show for their claims. Sometimes greenery is even used to keep assets under management growing even as managers post sub-par returns. The authors find that poorly performing American funds are more likely to join the PRI than higher-flying peers.

💬  QCM

2023 · Eliott BOULAIS-RIVIÈRE

ESSAY (50 %). You will discuss one of the following quotes in an argumentative essay of no less than 450 words and no more than 600 words.
1. “All the rights secured to citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.” – Andrew Jackson (1822)
2. “The presidency is the most visible thread that runs through the tapestry of the American government. More often than not, for good or for ill, it sets the tone for the other branches and spurs the expectations of the people.” – Mike Pence (2010)

MULTIPLE CHOICE QUESTIONS (50 %). You may choose only one answer per question. Points are not deducted for incorrect answers.

1. Who is the longest-serving Justice currently sitting on the bench of the Supreme Court?ASamuel Alito.BStephen Breyer.CClarence Thomas.DJohn Roberts.
2. The 1966 Miranda v. Arizona case was decided under the chief justiceship of:AFred M. Vinson.BEarl Warren.CWarren E. Burger.DWilliam Rehnquist.
3. As provided by Art. III, § 2, cl. 2 of the U.S. Constitution, the Supreme Court shall have original jurisdiction over all cases:A“Affecting ambassadors and consuls, and those involving citizens of different states”.B“Affecting ambassadors, other public ministers and consuls, and those in which a state shall be party”.C“Affecting ambassadors, other public ministers and consuls, and those in which the United States shall be a party”.DNone of the above.
4. Which Supreme Court Justice remains the only “recess-appointed” Justice not to be subsequently confirmed by the Senate?AJohn Jay.BJohn Rutledge.CJohn Marshall.DNone of the above.
5. Who is the first woman to serve as a Supreme Court Justice?ARuth Bader Ginsburg.BSandra Day O’Connor.CKetanji Brown Jackson.DElena Kagan.
6. In the 1989 Texas v. Johnson case, the Supreme Court held that burning an American flag is protected under:ASecond Amendment’s Free Speech Clause.BFourteenth Amendment’s Due Process Clause.CFourteenth Amendment’s Equal Protection Clause.DNone of the above.

7. When was the Bill of Rights ratified?A1788.B1789.C1790.D1791.
8. If the President dies, resigns, or is removed from office, and the office of Vice President is vacant, who is next in line to replace him/her?AThe Speaker of the House of Representatives.BThe President Pro Tempore of the Senate.CThe House Majority Leader.DThe Secretary of State.
9. Who sits last in the U.S Presidential line of succession?AThe Secretary of State.BThe Administrator of the Environmental Protection Agency.CThe Secretary of Health and Human Services.DThe Secretary of Homeland Security.
10. The President of the United States is explicitly empowered by the U.S. Constitution to:ASign or veto legislation.BGrant reprieves and pardons.CConvene or adjourn Congress.DAll the above.
11. Which American President also served as Chief Justice of the United States?AJohn Marshall.BThomas Jefferson.CWilliam H. Taft.DAnthony Kennedy.
12. When sitting for the impeachment of the President of the United States, the Senate is presided over by:
    A. The President Pro Tempore of the Senate.

13. The Vice President of the United States. The Chief Justice of the United States. The Speaker of the House of Representatives. 13. Which judicial philosophy is most often associated with the Republican Party?ALoose constructivism.BJudicial activism.CLiving constitutionalism.DOriginalism.
14. Which Supreme Court decision established the principle of judicial review?AMarbury v. Madison.BMiranda v. Arizona.CDobbs v. Jackson.DGideon v.

15. Wainwright. 15. A litigant who loses in the highest court of a state may file a petition for a “writ of certiorari”, asking for the Supreme Court to review the case:AOnly when there is a question dealing with federal law.BOnly when there is a question dealing with constitutional interpretation.CIn all cases.DNone of the above.
16. In the 2010 Citizens United v. Federal Electoral Commission case, the Supreme Court held that:AThe First Amendment’s Free Speech Clause prohibits the government from restricting independent expenditures for political campaigns by corporations.BSection 4(b) of the Voting Rights Act of 1965 was unconstitutional because the coverage formula it contained was based on data over 40 years old.CFederal courts cannot review allegations of partisan gerrymandering as they present nonjusticiable questions outside the remit of these courts.DThe Fifth Amendment’s protection against self-incrimination extends to the police interrogation of a suspect.
17. The landmark Act of the United States Congress known as the “USA PATRIOT Act” was signed into law by:AGeorge W. Bush.BGeorge H.W. Bush.CRichard Nixon.DBill Clinton.
18. Amendments to the United States Constitution may be proposed:ABy a two-thirds vote in both Houses of Congress.BBy a constitutional convention called by Congress on the application of three-fourths of the several states.CBy the President of the United States.DAll the above.
19. Which Amendment to the U.S. Constitution underwent the longest ratification process in American history?AThe Twenty-Third Amendment, which extends the right to participate in presidential elections to the District of Columbia.BThe Twenty-Fifth Amendment, which deals with presidential succession and disability.CThe Twenty-Sixth Amendment, which lowered the voting age from 21 to 18.DThe Twenty-Seventh Amendment, which has to do with the salaries paid to members of the U.S. Congress.

The United States Department of the Interior is responsible for:
A. The management and conservation of most federal lands and natural resources.
B. Public security (anti-terrorism, border security, immigration, and customs etc.).
C. Implementing policies relating to the broad range of consular services and immigration.
D. All the above.

💬  Dissertation

Does the United Kingdom need a codified constitution ?

💬  Dissertation

Are Acts of the Scottish Parliament immune from judicial review ?

💬  Cas pratique

Problem question.

Eastmouth Tennis Club hosts an international Tennis Championship in April each year, at which all the leadig players regularly play. Bernard owns a house five minutes’ walk from the Club, which he regularly lets out to people wishing to attend the championship. In january 2014 Bernard agreed to let out the house to Sarah for the week of the championship, at the price of £1,500. Sarah paid the full sum in February, when Bernard confirmed the booking.

Consider the following circumstance : On the second day of the Championship, one of the payer is killed in a terrorist incident at the Club. As a result the organisers decide that the Championship cannot continue, and the event is cancelled. Sarah wishes to know if she can recover all or any of the £1,500 she has paid to Bernard. Document autorisé : NEANT.

💬  Cas pratique

Traitez les deux questions suivantes :

Question 1 (15 points)

Evans agrees to ride Racing Ltd’s bike in the Tour de France in return for a sponsorship fee of £10,000 to be paid in advance. Racing spent £5,000 designing and building Larry’s bike. The Tour is cancelled when yet another cyclist tests positive for performance enhancing drugs and Evans has only been paid £5,000 of the sponsorship fee.

1. Advise both parties.
2. Would your advice be any different if Evans had been the cyclist who had tested positive for

Question 2 (5 points)

1. What are the basic requirements for misrepresentation ? (citez-les sans développer)
2. What is « a benefit to one party or a burden to the other party » ?

💬  Cas pratique

You have one hour to discuss the following hypothetical case. Your analysis should contain the following elements: (1) identify the issue(s), (2) state the general rule of law along with possible exceptions, (3) apply the rule of law previously presented to the fact pattern below, and (4) conclude by indicating how a court would rule. The only document you are allowed to look at is the Unfair Contract Terms Act 1977 (enclosed in Annex).

advertisement reads « Come discover the fun of skydiving at The Kings of the Skies, Ltd. For only £100, you will experience the thrill of jumping from an airplane, overseeing our beautiful Earth. Should you be unhappy with your experience, we will refund you the £100, no questions asked. » Andrew always wanted to skydive and thus, the very next day, he went to make his dream come true. Bill, the owner of The Kings of the Skies, Ltd welcomes Andrew with a cup of coffee and a contract containing the terms of agreements.

The contract contains a clause stating « The Kings of the Skies, Ltd. shall not be responsible for harm resulting from negligence on the part of the Kings of the Skies, Ltd.’s employees and agents. By signing this document, you agree that skydiving is a high risk sport. » Seeing Andrew’s hesitation while he was reading the clause, Bill exclaims « Oh but do not worry! Nothing bad ever happens! » Andrew signs the contract and Bill leads him to a short training session before getting him ready for the big jump.

Because Andrew. is not a trained skydiver, Bill arranges to have him jump with John, an instructor employed by The Kings of the Skies, Ltd. John will be on Andrew’s back and will handle all of the technical aspects of the jump, including opening up the parachute. Andrew and John get on the airplane and after reaching the proper altitude, the men jump. Andrew is suddenly startled by screams from John. Andrew quickly realizes that John is unable to open the parachute.

As they are losing altitude, Andrew is starting to panic. As they reach a dangerously low altitude, John finally manages to open the parachute. The landing is harsh, brutal, and as a result, Andrew suffers some bruises. It turns out that the inability to open the parachute was due to a problem that would have been noticed had the team of The Kings of the Skies, Ltd. performed a proper inspection of their material before the jump. The crew had however failed to perform such an inspection.

Andrew is extremely shaken and shocked. He swears never to skydive again and asks Bill for his money back. Bill refuses saying the advertisement was just puffing. Andrew thus comes to see you to see whether he can recover the £100 that was promised in the advertisement and whether he can sue The Kings of the Skies, Ltd. for negligence and recover damages for emotional distress. If/when applicable, explain what The Kings of the Skies, Ltd. might assert and whether these assertions would be successful.

Your entire analysis should be made according to Common Law and to the Unfair Contract Terms Act 1977 (see document in Annex). Jane, Andrew’s wife, is also encountering some challenges. Jane befriended a neighbor, Sally. De to an illness, Sally needs someone to drive her to the hospital on a regular basis. Jane agrees to help her and in exchange, Sally promises Jane she would give Jane her original Picasso painting. Jane then drives Sally several times to the hospital.

When Sally unfortunately passes away, Sally’s estate representatives refuse to give Jane the painting and try to revoke the arrangement. The representatives would like to keep the painting and give Jane some money instead. Jane comes to you to see what she could do. Is she entitled to the Picasso painting?

💬  Questions de cours

I. Treat the following problem

1. B. Co. orders goods to S. Co. by a purchase order which describes the goods and indicates the quantities ordered on its face, and states « subject to the terms on the back of the form », one of which is that all contracts are fixed price. S. Co. sends back an acknowledgement « accepting your order subject to our terms on the back of this form », one of which is a price variation clause. At the time of delivery costs have increased so much that the sellers claim an additional sum due under the price variation clause. Is there a contract ? Justify your
2. Supposing that the goods were delivered by S. Co. and accepted by B. Co. before the difference in the terms was noticed, whose terms are to be applied ?
3. Suppose that B. Co. and S. Co. concluded the contract by a telephone conversation and that each submitted to the other its standard form conditions after the making of the contract. S. Co.’s conditions contain an exclusion clause. Advise B. Co. Il. In case of breach of contract when is the injured party justified in treating the contract as at an end ? What is the main characteristic of that rescission de futuro?

💬  QCM

2013-2014 · PORCHERON

Réponse juste : 1 point. Réponse fausse : 0 point.

1. Which of the following types of statement clearly cannot give rise to a claim for misrepresentation?AA promiseBA statement of intentionCA statement of opinion
2. In the leading case in the area of intention to create legal relation, Balfour v. Balfour [1919] 2 KB 571, Atkin LJ suggested that the basis for the presumption that the parties to a domestic agreement do not intend to create legal relations is mainly derived from: (One correct answer)AA principle of public policyBThe intentions of the parties involvedCThe lack of evidence in domestic agreements
3. The doctrine of consideration can be outlined in the form of three rules. Which one of the following is the one out?AConsideration must be sufficientBConsideration must be adequateCConsideration must not be pastDConsideration must move from the promise
4. All three judges in Williams v. Roffey Bros mention Stilk v Myrick in their judgments. What do they do with the case?AStilk v. Myrick is appliedBStilk v. Myrick is refinedCStilk v. Myrick is overruled
5. One of the rationales behind the use of consideration in the pre-existing duty cases is the desire to protect the promisor from duress by the party promising to perform his pre-existing duty. The adoption of a duress-based approach can entail a number of (sometimes incompatible) propositions. Which one of the following propositions does not follow from the adoption of a duress-based approach?
   A. The scope of the doctrine of consideration is too narrow
   B. The scope of the doctrine of consideration is too broad
6. In Combe v. Combe, Denning LJ stated « The doctrine of consideration is too firmly fixed to be overthrown by a side-wind ». To which of the following propositions was he referring in this quotation?ADuress-based approaches are satisfactory in cases of contract modification but not contract formationBThe doctrine of estoppel can only be invoked by litigants able to establish that the promise on which they base their claim is supported by considerationCThe doctrine of estoppel can never stand alone as a cause of action in itself
7. With reference to the formation of a contract, what is an ‘invitation to treat’?AAn offer by one party that results in a contract upon acceptance by a second party.BA statement welcoming the submission of offers without any legal guarantee that a contract will result.CA counter-offer made in response to an offer and suggesting a contract on modified terms.
8. A ‘battle of the forms’ occurs where both buyer and seller use standard forms and both appear to enter into the contract on the basis of their own general conditions. In these circumstances, two main approaches have been applied. One is to deny the existence of a contract on the basis that there is no true agreement between the parties. The other is to consider the last set of forms sent to be decisive, the terms of which will govern the contract. Which of these approaches was adopted in Butler Machine Tool Co v. Ex-Cell-O Corporation [1979] 1 WLR 401?
   A. The first – no contract was found.
   B. The second – the parties were said to have agreed on a set of terms.
9. Rescission is a self-help remedy in that a party can choose to rescind a contract without the need for a court order.
   A. T
   B. F
10. Fraudulent misrepresentation is established when a person makes a false statement that he knows or believes is not true, or makes recklessly, not caring whether it is true or not.
    A. T
    B. F
11. Fiona and Paul negotiate over the sale of a computer. Paul tells Pauline, Fiona’s friend, who is a computer expert and who Paul knows has been advising Fiona on the sale, that the computer has never crashed and never needed repair. Pauline tells Fiona, and Fiona relies on this information and buys the computer. It crashes on first use and Fiona calls out a technician who discovers that the hard drive has already been replaced once; the diagnostic history reveals that the computer has a fault that causes it to crash on a regular basis.AFiona can rescind the contract and claim damages for fraudulent misrepresentation on the basis of Paul’s statement.BFiona was not entitled to rely on the information from her friend, and so she cannot rescind the contract or claim damages for misrepresentation.CFiona cannot rescind the contract because the principle ‘buyer beware’ applies and Fiona should have sought a promise from Paul if she wanted the computer’s performance guaranteed.
12. Harbour Heights (estate agents) advertise for sale a large warehouse on the harbour. Mario hopes to buy the warehouse and make extensive changes so as to convert it into his own studio cum architectural exhibition centre. In an attempt to clinch the deal, an HH representative tells him that there are no planning restrictions preventing a change of use or design of the warehouse. Mario buys the warehouse on the faith of this representation, and soon discovers that all changes to the present interior architectural features are forbidden. Mario wishes to bring a claim for misrepresentation but finds the following statement under clause 8 of the concluded contract: « No servant or agent of HH & Co has the authority to make any representation or warranty on behalf of HH & Co ». Advise Mario as to the effect of HH’s attempt to exclude liability for misrepresentation.AHH’s attempt to exclude liability for misrepresentation is unlikely to be effective as under section 3 of the Misrepresentation Act 1967 it is unreasonableBHH’s attempt to exclude liability for misrepresentation is likely to be effective because it does not fall within the scope of section 3 of the Misrepresentation Act 1967CHH’s attempt to exclude liability for misrepresentation is likely to be effective because it is not unreasonable in the manner envisaged by section 3 of the Misrepresentation Act 1967
13. John is promised £500 to work as a waiter for a New Year’s Eve Gala dinner from 6p.m. to 4a.m. At 1a.m., John falls ill and has to go home without completing his shift.AJohn can claim 70% of his £500 pay in an action for the price, because he worked 70% of his shift.BJohn cannot claim any of his pay because he failed to perform fully his obligation to work the ten-hour shift, which is not severable.CJohn can rely on the equitable rule that a worker can claim part of his total pay for each hour worked.DJohn’ pay was too high for a job of this nature and so he cannot claim back any of his pay.
14. What did Denning LJ mean when he said, in Combe v Combe (1951), that the doctrine of consideration was ‘too firmly fixed to be overthrown by a side wind’?AThat the doctrine was too rigid and should therefore be abolished.BThat it was impossible to get rid of the long-established doctrine of consideration by allowing promissory estoppel to create rights of action on its own; estoppel can only act defensively to prevent a promisor from going back on his promise not to exercise his existing contractual rights.CHe was not in favour of promissory estoppel and saw it only as an annoying side wind.DThat promissory estoppel is a weak doctrine and should not replace the stronger and more effective doctrine of consideration.
15. The presumption that domestic parties do not intend to create legal relations between themselves is limited to agreements between husband and wife.
    A. T
    B. F
16. With reference to the formation of a contract, what is an ‘invitation to treat’?AAn offer by one party that results in a contract upon acceptance by a second party.BA statement welcoming the submission of offers without any legal guarantee that a contract will result.CA counter-offer made in response to an offer and suggesting a contract on modified terms.
17. A party is not bound by a contract if he entered it under a mistake.
    A. T
    B. F
18. A void contract has never been a contract and never will be.
    A. T
    B. F
19. Which of the following form part of Lord Phillips’ five principles in The Great Peace (2002) in relation to common mistake? (select all that apply)AThere must be a common assumption as to the existence of the state of affairs.BThe non-existence of the state of affairs must render the performance of the contract impossible.CThe non-existence of the state of affairs must not be attributable to the fault of either party.DThe common assumption must be communicated orally by one party to the other.
20. The £50,000 compensation payment in Bell v Lever Bros (1932) was:Arecoverable, because the two employees did not realize that their employment contracts could be terminated without compensation by reason of their speculation activity in breach of contract.Bvalid, but the employment contract was void because the two employees did not realize that their employment contracts could be terminated without compensation by reason of their speculation activity.Cvalid, because the employer’s mistake in relation to its ability to terminate the employees’ employment contract was not fundamental.
21. Which of the following may give rise to a « statement of fact »?A‘The roof of the barn does not leak.’B‘I intend to fix the roof of the barn this summer.’C‘The roof of the barn complies with all local planning laws.’D‘This barn roof is probably the best roof around this area.’
22. Which of the following are bars to rescission? (select all that apply)ARestitution is impossible.BThe representation is true.CSection 2(2) of the Misrepresentation Act 1967.DAffirmation of the contract.
23. Ben offered to sell his prize collection of football memorabilia to Sam for £500. Sam rejected the price and offered to pay £400. Ben refused this amount. Later when Sam found out that Ben was going to sell the memorabilia items to Ellie he tried to accept the original price of £500. Which of the following statements is correct?AA contract will be formed when Sam accepts Ben’s original offeBIf Sam accepts before Ellie, a contract will be formed between Ben and SamCThere will be no contract, Sam’s attempt to accept the original price of £500 is too late because a contract has been formed with EllieDThere will be no contract, Sam’s offer to pay £400 will be regarded as a rejection of Ben’s offe
24. Harvey lost his gold sovereign necklace whilst attending a local charity concert at the Town Hall. He advertised a reward of £30 for its return in the local paper, which Britney saw. Britney later found the necklace on the car park of the venue and returned it to Harvey. Harvey thanked Britney for the necklace but told her that he had purchased a new necklace and his offer was revoked. Britney wishes to claim the reward. Which one of the following statements is correct?ABritney cannot claim the reward because she did not communicate her acceptance of his offer of reward.BBritney can claim the reward because by returning the necklace she has accepted the offer of the reward.CThe advertisement in the local paper is an invitation to treat and not an offer.DBritney cannot claim the reward as Harvey has now purchased a new necklace, and this act amounted to revocation of the offer.
25. On Tuesday, Julian offered to sell his motorbike to Ben for £200, telling Ben he must have a reply by Sunday. On Thursday, Julian offered to sell the motorbike to Ellen for £250 and she accepted. Later that day, Ben learnt of the sale from Ellen’s boyfriend, Sam. On Friday, Ben accepted Julian’s offer. Which one of following statements is correct?AJulian is bound to sell, to Ben because he did not personally notify David of his intention to revoke the offer.BJulian is bound to sell to Ben because he did not revoke his offer and an offer can be accepted at any time before revocation.CJulian is bound to sell to Ben because an offer can only be made to one person at a time and therefore the offer to Ellen is invalid.DJulian is not legally bound to sell to Ben because when Sam told Ben of the sale, the offer had been effectively revoked.
26. Angela wrote a letter to Chris saying, ‘I will sell you my blue Saab convertible for the bargain price of £12000. If I hear nothing from you by the end of the week I will take it that we have a deal’. Chris did not reply to this letter. When Chris went to Angela’s house to collect the car, he was told the car had been sold on the previous day to Boris for £11500. Which one of the following statements is correct?AAngela has made a unilateral offer, which Chris has accepted by turning up at the house to buy the car.BChris has accepted Angela’s offer and can sue for breach of contract.CThere is no contract between Angela and Chris, as Angela cannot impose silence as acceptance upon Chris.DAngela is in breach of contract because by his silence, Chris did accept the offer.
27. On 10 January Ruby offered to sell her caravan to Amber for £3,500. Ruby gave Amber 3 weeks to consider the offer but told her that she must have notice in writing if she wanted to buy the caravan. Ten days later Amber sent a letter of acceptance to Ruby by recorded delivery. The letter is lost and hearing nothing from Amber, Ruby decided not to sell the caravan. Amber wants the caravan. Which one of the following statements is correct?AThe offer has been revoked because Ruby has decided not to sell the caravan after all.BThere is no contract because Ruby did not receive the letter.CThere is a contract between Amber and Ruby because a contract came into existence when the letter of acceptance was posted.DThere is a contract between Amber and Ruby because although the letter was never received by Ruby it was sent by recorded delivery and Amber can prove that she posted it.

💬  Questions de cours

2010 · Paris 1 Panthéon-Sorbonne

PART I.

1. What problems did Funke Abimbola encounter when she went back to work after having her first child?
2. What explanation can be given for the very small number of women reaching high positions in the legal professions?
3. What advantages does flexible working bring to the legal professions?

PART II. Select the correct term for the blank.

Uber ordered to pay drivers minimum wage in landmark case Uber drivers are entitled to receive the National Minimum Wage and holiday pay because they are workers, not self-employed, a London employment tribunal 1)_ _. In a landmark case that has implications for millions of workers, the tribunal rejected Uber’s argument that the drivers do not work for Uber, but merely use its technology. As workers they are entitled to essential rights, such as sick pay and holiday pay. The case will affect 40,000 Uber drivers.

The ruling is a « green light for others in the gig economy to come

2) _ and make similar claims », Frank Ryan an employment lawyer at Vardags said. The scathing judgment said Uber resorted to « fictions, twisted language, and even brand new terminology, » in its contracts. Judges said the « notion that Uber in London is a mosaic of 30,000 small businesses linked by a common ‘platform’ is in our minds faintly ridiculous », adding that Uber’s arguments were « absurd ».

« We are satisfied that the supposed driver/ passenger contract is a pure fiction which bears no relation to the real dealings and relationships between the parties, » the judgment read. It is the first time Uber

3) legal action in the UK over whether its drivers are workers or self- employed. The GMB union, which

4) the case, described the ruling as a « monumental victory ». Nigel Mackay of law firm Leigh Day, which represents the drivers, said he was « delighted » with the verdict. « This judgment acknowledges the central contribution that Uber’s drivers have made to Uber’s success by confirming that its drivers are not self-employed but that they work for Uber as part of the company’s business,  » Mr Mackay said. « This is a

5) decision. It will impact not just on the thousands of Uber drivers working in this country, but on all workers in the so-called gig economy whose employers wrongly classify them as self-employed and deny them the rights to which they are entitled. » Uber will now have to fund costly

6) and may look to offset these by increasing its commission, or the

7) _ _it charges to customers, experts said. The company can appeal the decision and experts say that this is almost a certainty. Black-cab drivers will welcome the news. They have struggled to compete with the San-Francisco-based firm, which they say is subject to far less

8) regulation. Aye Limbin Glassey, employment partner at Shakespeare Martineau, said other industries would also be affected: « The ruling will not only impact Uber but a whole number of other industries and businesses which use self-employed workers. It is by no means the end of the issue – continued pressure from trade unions calling 9)

– tighter regulations means that the Uber ruling will likely be a catalyst for further scrutiny. » Jo Bertram of Uber said: « Tens of thousands of people in London drive with Uber precisely because they want to be self-employed and their own boss. overwhelming majority of drivers who use the Uber app want to keep the freedom and flexibility

10) to drive when and where they want.

While the decision of this preliminary hearing only affects two people, we ill be appealing it. » The drivers, James Farrar and Yaseem Aslam, had said their actions were controlled b 1. a) ruled 2. a) over 3. a facing 4. a) brings 5. a) earth-shattering 6. a) profits 7. a) fares 8. a) stringy 9. a) up 10. a) be able b) has ruled b) out b) is faced b) has brought b) ground-breaking b strenuous b) out b) of being able c) rules c) has faced c) is bringins c) hair-raisin c) benefits c) stringent c) over c) can d) brought A) capering d) bill d) staunch d) for d) could

PART III. Conjugate the verbs correctly.

Lord Chief Justice: judges face increasing torrent of threats and abuse The new Lord Chief Justice, Lord Burnett of Maldon,

1) (BE) in office for two months. Appearing at his first annual press conference in the Royal Courts of Justice in London, he accepted that judges should not be above criticism. « But fair criticism is different from abuse, » he explained. There were cases « where judges (FACE) a torrent of personal abuse for decisions they have made – increasingly online and in social media – and a growing number of cases where judges

3) _ (THREATEN) and physically abused. Some is calculated to intimidate judges individually or collectively. Such abuse is capable of undermining the rule of law. Judicial independence and impartiality is at the heart of the rule of law. » Last week an aggrieved litigant in a divorce case who rugby-tackled a family court judge, Robin Tolson QC, in London

4) (SENTENCE) to 20 weeks in prison. Family court judges, who have to deal with unrepresented litigants in acrimonious custody hearings, have been exposed to attack in court. Last year the Ministry of Justice revealed that around 100 judges and magistrates

5) _ _ (RECEIVE) threats connected to cases over which they had presided in the previous five years. Burnett did not refer to last year’s media storm over the Daily Mail headline that condemned the three judges in the article 50 Brexit case as « enemies of the people » To counter such problems and increase respect for the judiciary, Burnett said he wanted to improve public understanding of, and sympathy for, the dedicated work carried out by judges. More work with schools is planned.

« We have hundreds of judges visiting schools and working in the local communities and supporting school visits to the courts, » he said. « This is unsung work of great value. » Burnett said a new counselling programme

6) _ (DEVELOP) to support to judges who had to deal with the most difficult cases in court. « Nobody should underestimate how difficult or harrowing it can be to deal regularly with family cases concerning child protection, or criminal cases involving serious violence or sexual abuse. « For those who have a fairly relentless diet of [violence or] serious sex cases, it can have an impact so we are making professional support available to judges who feel that it

7) (ASSIST) them. Judges are very self-contained individuals but no one is invulnerable to the effects and materials that they see in the course of their professional lives. » Burnett’s other main priority involves

8) (OVERSEE) development and delivery of a £ 1bn court modernisation programme phased in over six years. It is aimed at improving access to justice and efficiency in the courts as well as upgrading court buildings. « It is quite remarkable that towards the end of the second decade of the 21st century many of our courts still operate on paper-based systems, » he said. A digital case (INTRODUCE) in the criminal courts over the past two years which has already saved the seed to print 33 million pages of paper.

A similar system wilcome into farce in the civil couts. Online justice, which currently covers such minor crimes as fare evasion and traffic offences,

10) (EXPAND) in the near future. Burnett, who heads the judiciary in England and Wales, said: « This is really just the beginning. » Pilot programmes dealing with divorce and probate online were working well, he said.

« When we reach our goal, it should be possible for a very large number of civil disputes to be resolved using online facilities with appropriate judicial input when it is needed but rarely requiring parties to attend court. » Asked what other types of offences or claims would be transferred online, Burnett said it was more a question of whole categories of hearings being conducted remotely, such as bail applications and taking pleas. The transition w as not so revolutionary, Burnett pointed out.

Telephone hearings have been common in some parts of the justice system for 20 years.

💬  Dissertation

2021-2022 · Toulouse Capitole · Dominika LAWNICKA

Assessment and enforcement of anti-competitive agreements in EU competition law (from the perspective of an in-house lawyer)

💬  Commentaire d’arrêt

2020-2021 · Toulouse Capitole · Sandrine TISSEYRE

ECJ Case of 2020 « Directive 93/13, in particular Article 4(2) and Article 5 thereof, must be interpreted as meaning that, with a view to complying with the transparency requirement of a contractual term setting a variable interest rate under a mortgage loan agreement, that term not only must be formally and grammatically intelligible but also enable an average consumer, who is reasonably well-informed and reasonably observant and circumspect, to be in a position to understand the specific functioning of the method used for calculating that rate and thus evaluate, on the basis of clear, intelligible criteria, the potentially significant economic consequences of such a term on his or her financial obligations.

💬  Questions de cours

2020-2021 · Toulouse Capitole · RASS-MASSON

Choose one of the two following exercises (introduce both theoretical and practical considerations in your answer):

1. Discuss whether and to what extent European private international law efficiently contributes to organising international insolvencies.
2. The articulation of private international law methods in the context of European insolvencies.