NOUN TMA Solutions: JIL513 - Conflicts of Laws I

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NOUN TMA Solutions: JIL513 - Conflicts of Laws I

Postby Jed » Fri Aug 17, 2018 8:26 am

NOUN TMA Solutions: JIL513 - Conflicts of Laws I


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Q1 The coinage of the phrase 􀳦??Conflict of Laws􀳦?􀳦 is associated with which of the following group of people?

The Du tch jurists

Q2 Which particular scholar is identified with the coinage of the phrase 􀳦??Conflict of Law􀳦?􀳦?

Redenb ury,

Q3 Who are the scholars who used the notion of 􀳦??comitas􀳦?? as the basis for the application of a foreign law?

Paul and J ohannes Voet

Q4 In which of the following publication was the notion of 􀳦??Comitas􀳦?􀳦 explained as intended to reflect a principle noted in enlightened self interest and convenience?

Justinian Digests

Q5 Which scholar made comity the basis of theory on conflict of laws?

Hubber

Q6 Which of the following Scholars is not in favour of the framework of Statutist tradition?

Hubber

Q7 Which of the following Scholars was known to be against the classification of laws as personal, real and mixed?

Hubber

Q8 Which scholar is associated with the idea that conflicts systems is characterized by two issues, sovereignty and comity?

Hubbe r

Q9 Huber􀳦??s contribution on the issue of conflict of Laws can be premised on how many district heads?

5

Q10 In which of the following cases was the modern legal theory concerning conflict of laws formulated?

In Robinson v Bland (1760)

Q11 What major factor aided the development of Private International Law in the United State of America?

The existence of a Federation

Q12 How many states is the United state of America made up of?

52

Q13 When did America gained its independence?

1776

Q14 In Which of the following geographical locations in America was the English Common Law not made applicable before their independence?

Louisiana

Q15 Which scholar work was regarded as conflicts classics which was published in 1848?

Friend ich Carl Van Savigay

Q16 Which scholar is known as an iconoclast and a legal positivist who in a German review debunked the views of the statutists?

Rebeng burg

Q17 Who interpreted the work of Friendich Carl Van Savigay into English?

William Guthrie

Q18 When was the work of Friendich Carl Van Savigay interpreted into English?

1869

Q19 The principle of 􀳦??connecting factors􀳦?? as proposed Friendich Carl Van Savigay includes which of the following?

Lex sites for the determination of location of things
Lex loci actus for the determination of legal transac tion􀳦??s like contract
Domicile for the resolution of issue like capacity􀳦?􀳦
***All of the above

Q20 Which scholar is known to have introduced the principle of the Lex Patriae?

Mancini





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Re: NOUN TMA Solutions: JIL513 - Conflicts of Laws I

Postby Jed » Fri Aug 17, 2018 8:30 am

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Q21 When was the English Laws and Equity introduced to the other parts of the protectorate of Nigeria?

1900

Q22 In which of the following cases did the full Court held that the Libel Act of 1843 is no longer applicable to Nigeria?

R v Coke

Q23 When the Libel Act was stopped from operation in Nigeria, it exempted a Section, which section is that?

Se ction 86

Q24 􀳦??No definition has been attempted of what is a statute of General application and each case has to be decided on the merits of the particular statute sought to be enforced􀳦?􀳦􀳦?􀳦. Who is credited with
the statement?

Osboen C.J.

Q25 The statement 􀳦??No definition has been attempted of what is a statute of General application and each case has to be decided on the merits of the particular statute sought to be enforced􀳦?􀳦􀳦?􀳦, was made in which of the following cases?

Att. Gen. V John Holt and Co.,

Q26 Which of the following situation must occur before a statute can be declared as a statute of General Application applicable in England?

Must apply to all parts of England
Must apply to all Civil and Cultura l Courts
Must apply to all classes of people in Engla nd
***All of the above

Q27 Based on the views of Jurists, the Common Law and Equity must consist of which of the following?

The rules of common law and the doctrines of equity in force in English from time to time.
The rules of common law and the doctrines of equity in force in England on January 1, 190 0.
The 􀳦??judicial technique􀳦?? evolved by English judges as opposed to specific rules of Eng lish common
law.
***A ll of the above

Q28 Which Nigeria Law made the common law: the doctrines of equity and the statutes of general application which were in force in England on the 1st January, 1900 applicable within the jurisdiction of the courts in Nigeria?

S14 Supreme Court Ordinance Cap 217 Law s of Nigeria 1923

Q29 When exactly did the Crown and the British Parliament Stopped legislating directly for Nigeria?

1960

Q30 When did the West African Court of Appeal stopped hearing appeal from Nigeria?

1954

Q31 Which chapter of the Nigeria Constitution contains the Nigeria Foreign Policy?

Chapter 2

Q32 For how many years did Baldus outlive Bartolus?

40 years


Q33 When did Italian Scorlarship started declining drastically?

After Baldus

Q34 Which of the following Jurists partook in refining the Statute Theory?

Dumoulin
D' Argentr e
Gui Coquill e
***All of the abo ve

Q35 The systtem of law called the " Coutume or Customs" is associated with which Country?

Franc e

Q36 When was the system of law called the " Coutume or Customs" developed and practised?

16th Century

Q37 What particular distinct contribution is Demoulin noted for?

His support of the party autonomy doctrine

Q38 Demouline is from which of the Following society?

French

Q39 Which of the following schorlars is noted for disagreeing with the custom of attacking the conflict of laws to the lex cuntos populas?

D􀳦??Argent re

Q40 Which of the following scholars tried to distinguish between the Italian 􀳦??statuta􀳦?? and the French 􀳦??centunes􀳦????

De Coquille






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Jed
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Re: NOUN TMA Solutions: JIL513 - Conflicts of Laws I

Postby Jed » Fri Aug 17, 2018 8:46 am

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Q41 Who is credited with this statement, 􀳦??Conflict of laws jurisprudence is concerned essentially with the just disposal of proceedings having a foreign element􀳦?􀳦􀳦?􀳦?

Lord Nichollas of Birkenheard

Q42 Which of the following authourities described Conflict of Laws as an alternative name to Privated International Law?

Osborn􀳦??s Concise Dictionary 1993

Q43 Which of the following authourities described conflict of laws as that part of Private Law of a country which deals with cases having a foreign element?

Osborn's Concise Dictionary

Q44 What does the phrase "Foreign Element" according to J.H.C. Morris Connotes?

A contract which involved systems of law other than the domestic or internal Law of th e country

Q45 How many aims of the "Conflict of Laws" were identified by Webb PRH and Brown DJL?

3

Q46 What is the main purpose of the conflict of laws or private international law?

To protect and ensure the peaceful interaction of private persons in different countries

Q47 Which of the following writer is credited with this statement􀳦??The realms of the conflict of laws is a dismal swamp filled with quaking quagmires and inhabitated by learned but eccentric professors who theorerise about mysterious matters in a strange and incomprehensive jargon􀳦?􀳦?

Dean Poser

Q48 How many basic issues are identified as those which were naturally usually involved in a given conflict problem in common law jurisdiction?

3

Q49 Which of the following writers added another factor to the already identified basic issues usually involved in a given conflict problem in common law jurisdiction?

Prof. Agbede

Q50 Which of the following is the Fourth factor newly identified as involved in a given conflict?

Time Factor

Q51 Which of the following is not a factor identified as usually involved in a given conflict?

Choice of Pers onel

Q52 According to the Nigeria Constitution, how many Local Council do we have in Nigeria?

774

Q53 Which of the following writer declared that Conflict of Laws is one of the most baffling subjects of legal science?

Justice Cardoso

Q54 How many ethnic Languages is Nigeria made up of?

250

Q55 Approximately how many dialects do we have in Nigeria?

Over 500

Q56 In which of the following cases was it stated that Conflict of Laws is 􀳦??one of the most theory and difficult fields to traverse.􀳦?􀳦?

North Western Mutual Co V Adams 155 WS 335/144 NW 1108,

Q57 Which of the following is a source of the rules of conflict of Laws?

English Law

Q58 How many sources of English Conflict of Laws are identified by Dicey and Morris?

3

Q59 Which of the following is not one of the sources of the English Conflict of Laws as Identified by Dicey and Morris?

Equities

Q60 When was the English Laws and Equity introduced to the Colony of Lagos?

1863



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Jed
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Re: NOUN TMA Solutions: JIL513 - Conflicts of Laws I

Postby Jed » Fri Aug 17, 2018 8:49 am

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Q61 Which of the following is not one of the three importance sources of English Conflict of Laws as identified by Dicey and Morris?

Orientation

Q62 Which of the following is not part of the Headings in which the Conflicts of Law was classified?

Equity


Q63 How many headings was the Conflict of Laws classified according to Agbede I. O. (Emeritus Professor)?

8

Q64 Which of the following Countries is not an example of countries possessing Federal Constitution?

Sweden

Q65 Which Jurist described Private International law as a branch of law which is 􀳦??one of the most baffling subjects of legal science􀳦???

Justice Card ogo

Q66 Which of the following is not one of the three basic issues identified in the common law jurisdiction on a given conflict problem?

Time Factor in the Spatial application of Law

Q67 Who is credited with the statement 􀳦??There is a sweep and range in private international law which is almost lyric in its completeness. It is the fugal music of law􀳦?􀳦?

Barty

Q68 Who argued that the term 􀳦??Private international Law􀳦?􀳦 is a misnomer as there is nothing international in its rules at least in the sense of being obligatory on all nations􀳦?􀳦.

Prof. Agbede

Q69 􀳦??Almost every country in the modern world has not only its own system of municipal Law differing materially from those of its neighbour but also its own system of conflict of laws􀳦?􀳦 is a statement credited to which writer?

Professor R. H Graveson

Q70 Which of the following Countries is not a Unitary State?

Russ ia

Q71 Who asserted that the conflict of laws is that particular part of the private law of a particular country which deals with cases having foreign element?

Moris

Q72 Which term is best described as 􀳦??a contact with some system of law other than that of the 􀳦?? forum􀳦?? that is the country where courts are seized of the case􀳦?􀳦.

Foreign Elements

Q73 How will you descrbe "Sanigay"?

An Italian Scholar

Q74 Who coined three maxims for a choice of law?

Huber

Q75 Who is De Moulin?

A French Jurist

Q76 The periods identified with the development of International Law consist of all of the following except one, identify it.

Local Constituency

Q77 The development of the Rules of international Law was identified with how many periods?

4

Q78 In England, the handling of matters dealing with High Seas up till 18th Century was handled by which Court?

The Admiralty Cour t

Q79 Which Court in England adjudicated on matters and disputes involving foreign merchants up till 18th Century?

The Courts of Staples and Pie Powder

Q80 In the early days of the World Powers --------- was used to identify different Countries and their people

Col ours





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