you will have to ANSWER 2 QUESTIONS Please note that 2000 words is the maximum word count for the completed the paper you will have around 1000 words to answer each question on the paper. Both questions are equally weighted so please Do not exceed the word count as this may result in a penalty being applied please use Use formal, clear language. • Good legal writing is concise and direct • Correct grammar and spelling – proof read! Make sure that your spell checker is set-up for English spelling (colour rather than color etc) and recognises legal terms e.g. tortious not tortuous, statute not statue etc • Presentation – avoid small font sizes and unusual type faces (Arial or Times New Roman, 12 point are the safest) • Case names should be in italics
Questions-
1. Critically consider whether the parameters of liability for criminal attempts are clearly
defined and consistently applied.
3. Amy and Lacey were students who shared a first floor flat in Brighton. Amy had been getting
increasingly annoyed with Lacey as she thought that Lacey was untidy and did not clean up
after herself sufficiently well when she had been cooking in the kitchen. When Amy mentioned
her frustration to Lacey, Lacey would routinely ignore her, which would incense Amy. When
Amy also complained about Lacey making too much noise when she sometimes came back
to flat late at night, Lacey would often tell her to ‘mind her own business.’ When this happened
three weeks ago, Amy had become very angry and had threatened to throw a teacup at
Lacey.
Last Saturday Lacey had an early dinner and left the kitchen in the flat in a complete mess
when she went out into town. Later, Lacey came back to the flat and woke Amy up by putting
her music on loudly in the shared living room. When Amy complained, Lacey told her to ‘get
a life’! Amy became furious at this, and it seemed that she was about to lose her temper.
Lacey believed that Amy was about to punch her in the face and so she decided to push Amy
very hard. Amy was standing by the stairs in the communal area at the entrance to the flat.
She had difficulties with balance due to an ear infection, and she stumbled backwards and
fell down an entire flight of stairs. Amy was taken to hospital where wounds to her face and
legs, which were not thought to be life-threatening, were treated. However, Amy had also
suffered internal bleeding to the brain as a result of the fall, which was missed by the doctor
treating her, and she later died as a result of this.
Discuss Lacey’s potential liability with regards to Amy’s death.
1) Read the set reading, attend seminars, and learn the law throughout the semester, not just in the run-up to the exam. The best tactic for a law exam is to go in prepared.
2) Be concise. You have a very small word count. Use short sentences, writing simply.
3) Start with a brief introduction telling us what crimes you will identify, and the order in which you will discuss them.
4) Use IRAC (Issue, Rule, Apply, Conclude) as a framework for your answers. Identify the facts which raise a potential crime. Start with the most serious (e.g. murder rather than assault). Tell us the rule for that crime (actus reus and mens rea) citing the relevant law. Establish if the AR is satisfied. Establish if the MR is satisfied. Determine if a defence may be applicable: if so, again use IRAC to discuss if it takes effect. Then, conclude as to guilt or innocence. If liability cannot be found, you can try for a lesser offence (e.g. manslaughter), or move on to another potential crime. Continue until you have concluded on all likely criminal events.
5) If the facts of the case, or law you are talking about, should prove ambiguous, tell us what that ambiguity is. Then, tell us which solution you think is most likely and why. You lose marks for being equivocal: be clear and give reasons for any decisions you make. This will get you very good marks.
6) If it is unlikely that a specific offence has occurred, or that a particular defence will apply, do not waste precious word count ruling it out. If the facts do not mention alcohol or mental illness, for example, there is no need to bring in intoxication or insanity pleas. Focus on what is most likely to be relevant, and work from there.
the sources should be only
Primary sources – cases and statutes (where relevant) but the basis for the argument
Quality Secondary sources –academic journal articles (check out
reading suggestions accompanying the seminars. You may also
want to check the electronic library, e.g. the journals search facility
on Westlaw).
Answer the questions set, not one that you would have liked to be
set. We will never ask you to ‘Write everything you know about…’,
but answers of this type are often produced – this is not a recipe
for a good mark
Use your knowledge and skill to interpret what is asked of you to
the best of your ability – as you would do in a traditional exam.
Structure your answer thoughtfully. At this level of study there is
usually no single set answer nor expected structure. We will credit
your content and structure on its merits.
Members of the Tort team (and other faculty) are not permitted to
advise on the interpretation of the questions, cannot read work
before submission etc.
Writing your Answers
When answering the essay question
• What is the question asking? What issue/s raised by the question?
• Make sure that you do what the question asks – critical evaluate/discuss etc
rather than purely descriptive
• Scope for interpretations to differ – convince marker regarding the relevance of
your approach
• Support your response with close analysis of the cases and other relevant
sources.
• You must go beyond merely naming cases to offer an informed analysis of the
relevant law within them.
• Do the thinking before the DEX, go broad first (READ KEY JUDGMENTS &
JOURNAL ARTICLES which will develop your understanding and analysis)
• Ensure that you have a clear introduction, middle and conclusion & proof read
thoroughly
layout
◦ Introduction
Briefly explain your interpretation of the question
Identify issues and broadly explain arguments
Outline of the structure
◦ Body
Present your arguments. Pay attention to how your
argument flows from one paragraph to the next
Support your arguments with relevant authority (cases,
articles, possibly statutory material)
◦ Conclusion
Draws together the main argument presented in the
body.
Your final chance to remind the reader what your essay
set out to do, and how you achieved this, although the
conclusion should not contain new material.
Essay questions
Problem question
• Accept the facts set down in the factual scenario. Do not go too far ‘off piste’
• It is unnecessary to have ‘general’ introduction at the beginning of a problem
question – seek to identify the issues early
• Presentation – you can make use of headings if you wish
• Issue, law and application – Identify the legal issue, state the relevant law (case
law/statutory material) and apply the law to the facts
• You will be given appropriate credit as long as your structure makes
sense and effectively conveys what you intend to say.
I Identify issues
R Identify the Relevant Law
A Apply the Relevant Law
C Conclude
Problem question
• Focus on the issues raised and what you are asked to do. Don’t write
everything you know about the area(s).
• Most credit is given for analysis and application of law in relation to the
facts of the problem
• No need to repeat the facts of the problem in your answer, other than as
necessary to make clear which part of the problem you are addressing.
• Apply the authorities (cases and/or statutes) to the facts appropriately
• The more detail in which you know the cases/statutes the more you will
be able to spot and engage with the likelihood that they will be applied or
distinguished.
• Unlike essay answers, journal articles are usually less important for
problem answers, although feel free to refer to them if they enhance your
arguments or help with your interpretation of points.
Problem question
