Model answers for problem questions (1 Viewer)

[mr EaZy]

hey

does anyone know where to get them?

i looked up a book called " Problem solving: a guide for law students" but they only had one example for criminal law and it wasnt good as it only covered murder

if anyone can get me like sample solutions online that would be great!! (for crim that is or any other one for anyone else out there - seeking guidance)


i f i need more= ill be back@

 

[Frigid]

UNIVERSAL, MECHANICAL APPROACH TO SOLVING CRIMINAL LAW PROBLEM QUESTIONS

(NB: largely based on the handout by Mr Ben Fogarty).

Step 1 - Read the question twice. The first time, without prejudice, the second, underlining/highlighting points you find interesting. Jot down any preliminary remarks on some scrap paper. Identify what the question is asking. Is it "discuss liability?", "discuss the liability of X?", or "create a defence case?", "what are the possible charges for X?"?

Step 2 - Identify the principal offender.

Step 3 - Answer the problem by:-

- Identifying the conduct which is alleged to be the offence.

- Does the conduct satisfy all of the actus reus?

- Are there any issues of capacity? identify case/statute law as necessary

- Are there any issues as to voluntariness/volition? eg somnambulism, sane automatism etc. identify case law/tests.

- If the offence has to produce a consequence (ie act or omission causing death), is causation satisfied? refer to Royall and all the tests it outlines.

- Did the accuse have the requisite mental element for the offence? intent, negligence, recklessness etc

- Did the actus reus and mens rea coincide? remember Thabo Meli.

- Is there a defence available? What are the steps in proving that defence? Are they satisfied in the facts? Is it a complete or partial defence?

- Are there any areas of unsettled law that counsel may raise to prove or disprove the offence? overseas authority, law reform, policy arguments may be of use here.

Step 4 - Identify who else may be liable. Rinse and repeat Step 3.

 

[mr EaZy]

thnx- but our exams pretty short- we have like 2 hours for 3 questions- so - 1hr then 2X 0.5hr questions (choice of problems or essays)

our lecturer said : Dont waste time on the smaller issues though- just focus on the big stuff

hmm if i was given a sample solution it would prob be too long for me to implemment in the exam anyways

 

[mr EaZy]

thnx for the link frigid
i never knew unsw provides online access to their course notes= well only crim 1 gives it- but its irrelevant to my course