Criminal Law Exams

If you are revising for an undergraduate criminal law exam (such as the Open University's W201 exam), remind yourself that

1 No undergraduate course in Criminal Law requires you to know about every criminal offence in existence - your course is limited to a finite number of offences.

2 For each offence within that finite set of offences - you need to be able to describe and explain the Actus Reus; Mens Rea and any defences specific to that offence (Murder is the one that has some specific defences that you should know) - and briefly apply the leading cases.

3 A useful revision exercise - which produces a tool that you can use for further revision - is to go through your manual or text book and create a spreadsheet. For each offence [and these are described in the rows across] - you should fill in cells, set out in columns
- Name of the Offence
- Relevant source (section of the relevant Act of Parliament; or 'common law offence (you might want to state a leading case which illustrates that it is a common law offence)
- Actus Reus - in numbered or bullet point list (within that cell)
- Mens Rea - in numbered or bullet point list (within that cell)
- any specific defences
- any related sections (such as definitions of elements of the AR or MR)
- a couple of key cases

4 Cases are useful - but beware of trying to memorise too many, and concentrating mainly on describing the facts. Your focus in cases must be on how that case helps us understand the point of law at stake.

This is the last Washminster post that I will be writing for exams in 2017. So I finish with this IMPORTANT message

Cases

It can be very useful to look at old exam papers (OU Law Students can access these through 'Elite') - but even more useful to take a look at examiners reports. These often highlight common mistakes that have arisen. If you read a few reports you'll see that the same issues frequently turn up.

One comment I'd like to stress appeared one year (though it is a perennial) - "Some students in fact forgot to apply the law to the facts at all, and simply listed cases; although these were usually relevant ... it was very important...to apply the rules and principles as well as setting them out." 

Cases are important - especially in English Law where precedent plays a key role - but there can be a tendency to fixate on memorising case names and facts. I've known students who have sought to memorise over a hundred cases. (to which I say, how many cases can you discuss in a three hour exam in which up to an hour can profitably be spent choosing the best questions to answer; planning the answers; writing them; and reviewing them?)

Use cases to illustrate a point you are making; to support your argument; to demonstrate different approaches to the issue - but never just recite cases and their facts. 

How should you "revise" cases?

The first task is to select the cases that you plan to revise. As you revise each topic, think about which cases are most important. Clues can also be found elsewhere - what has the manual; textbook; tutor stressed most? (My students will be familiar with me banging on about ...)

[W201] Entick v Carrington; Ghaidan v Godin-Mendoza; Campbell v MGN; Carltona v Commissioner of Works; Associated Provincial Picture Houses Ltd v Wednesbury; The GCHQ case (Council of Civil Service Unions v Minister for the Civil Service); Porter v Magill; R v Ghosh; R v R (Marital Rape); R v Cunningham; R v G (Recklessness)...

Prepare brief notes. Students, almost since "time immemorial", have used revision cards to prepare for exams. The value of these cards are that they require you to condense the information. This is a (the?) key process in revision - (there are some professionally written cards on sale - some value, but you lose the process of condensing yourself - similarly, copying out from a text or revision book has the same value-deficit). There is some value in reviewing the finished cards frequently.

Consider the application of cases. Cases should not be used as decoration. They are a vital part of legal argument. Consider where and how you would deploy these cases. This is where using old exam papers can come in useful.

Exam Revision

Do you (or a friend) have exams coming up? Over the years Washminster has published a number of posts designed for exam preparation - with a particular (but not exclusive) emphasis on Undergraduate Law exams. For my (likely) final group of students on the Open University W201 Law - the Individual and the State course (Constitutional Law; Administrative Law; Human Rights Law; Criminal Law) - I will be re-publishing some of those posts. I will start with general principles and advice for revision - then move on to specific topics covered by the course.

Please do use yourself - (and) / or share this blog with students facing exams. The series starts next Wednesday.

Getting Revision Focused

A starting point in revision is to identify the key topics that need to be covered. 


For W200 Students (or students of English legal System and EU Law)

Below is a MindMap illustrating the key parts of the W200 Understanding Law course. Unit 8, on Scottish Law is not examinable - so I haven't incorporated it.

Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that. 

For Example - Units One and Two make up "Introduction to Law
1 Introduction and what is law
2 Terminology and sources of Law

Each unit is subdivided - Unit One -
A General Introduction to the course - no need to revise this
B What is Law?
C The Functions of Law

Note the key themes and further divisions - B1, B2, B3.....
You might want to draw your own MindMap for each Subject and/or Unit.
Briefly summarise the key points as you revise - this involves condensing the information.



(click on the mindmap for the full version)

For W201 Students (or students of UK Constitutional Law; Human Rights & Criminal Law)

Below is a MindMap illustrating the key parts of the W201 The Individual & the State course. 
Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that. 

For Example - Units One to Five cover "Constitutional Law"

1 Fundamental Values, constitutions and core constitutional principles
2 The sources of the UK Constitution
3&4 Parliamentary supremacy
5 The institutions of State in the UK

Each unit is subdivided - Unit One -
A Identifying fundamental values
B Constitutions: purpose and classification
C Core constitutional principles (1) Parliamentary supremacy (2) Responsible government
D Core constitutional principles (1) The Rule of Law (2) The Separation of Powers
Note the key themes and further divisions - B1, B2, B3.....




(click on the mindmap for the full version)

Revision

It's that time of year again. I have OU students on the W200 (Understanding Law) and W201 (Law: The Individual & the State). Washminster has, in the past, been a useful resource for those studying at University or for A-Levels in the subjects of Law and Politics. It is my intention to produce posts which may be of especial use to such students.

The subjects I will be focusing on include
# Principles of effective revision
# English Legal System
# UK Constitutional Law
# European Union Law
# Human Rights (with an emphasis on the European Convention on Human Rights)
# Principles of Obligations (Contract and Tort)
# Criminal Law

- but fear not, these subjects are not dry academic subjects. They will be at the forefront of debate across the world. In the UK, there will be a referendum on Britain remaining in the EU. Soon afterwards Michael Gove is expected to announce proposals for the replacement of the Human Rights Act (which gives effect to the ECHR in the UK - allowing its provisions to be raised and applied in English courts [Note - the OU courses concerned deal with English Law - although there is a unit on Scottish Law which is non-examinable]. The proper use of 'constitutions' lies at the heart of current debate in the USA - and concerns about respect for human rights is increasing across the world. So there will be in these posts, something for everyone. There's no need to switch just because you aren't facing an exam!

If you do have family; friends; neighbours or students who might value Washminster as an additional revision tool - please share this post (or our address - http://washminster.blogspot.co.uk/) with them.

Revising for Law Exams?

 

Washminster is written by an Associate Lecturer on the Open University's W200 and W201 Law courses. These cover what more traditional universities may describe as

• English Legal System
• EU Law
• Constitutional & Administrative Law
• Criminal Law

As a result there are a number of posts designed to assist with exam revision in these subjects (and revision techniques generally). Most of these were published in the August/September of each year (immediately preceding the OU exams).

If you are facing exams (Law Degree; Law A-Levels), do feel free either to use the search engine to the right of this post - or browse through the posts in date order (year & month).

A Bill of Rights for Britain

For as long as I can remember exams for both UK Constitutional Law & British Politics have often included questions inviting the student to discuss the merits and disadvantages of establishing a Bill of Rights specifically for the UK system. It's a super exam question - because it enables the student to demonstrate their understanding of "rights"; to discuss how far a piece of paper can actually protect them; the relationships between elected legislatures and governments and the Judiciary; and the problems caused for such a Bill due to the doctrine of Parliamentary Sovereignty.

The Political & Constitutional Reform Committee - one of the House of Common's Select Committee has been looking at the issue - and a debate has been held in Westminster Hall. It's worth having a look at the debate - It can be accessed directly here or the PDF of Hansard can be downloaded - You'll find the debate about a third of the way through, starting at Column 216 WH. That can be downloaded from here.

Cases

It can be very useful to look at old exam papers (OU Law Students can access these through 'Elite') - but even more useful to take a look at examiners reports. These often highlight common mistakes that have arisen. If you read a few reports you'll see that the same issues frequently turn up.

One comment I'd like to stress appeared one year (though it is a perennial) - "Some students in fact forgot to apply the law to the facts at all, and simply listed cases; although these were usually relevant ... it was very important...to apply the rules and principles as well as setting them out."

Cases are important - especially in English Law where precedent plays a key role - but there can be a tendency to fixate on memorising case names and facts. I've known students who have sought to memorise over a hundred cases. (to which I say, how many cases can you discuss in a three hour exam in which up to an hour can profitably be spent choosing the best questions to answer; planning the answers; writing them; and reviewing them?)

Use cases to illustrate a point you are making; to support your argument; to demonstrate different approaches to the issue - but never just recite cases and their facts.

How should you "revise" cases?

The first task is to select the cases that you plan to revise. As you revise each topic, think about which cases are most important. Clues can also be found elsewhere - what has the manual; textbook; tutor stressed most? (My students will be familiar with me banging on about ...)

[W200] - Pepper v Hart; The Practice Statement of 1966; Young v Bristol Aeroplane; R v R (Marital Rape); Donoghue v Stevenson; Costa v ENEL; Factortame (Numbers 1, 2, 5); Van Gend; Von Colson; Foster v British Gas; Marleasing; Francovich;  Dassonville; Cassis de Dijon; Keck;  Defrenne v SABENA; Marshall v Southampton & SW Hampshire AHA; United Brands v Commission...

[W201] Entick v Carrington; Ghaidan v Godin-Mendoza; Campbell v MGN; Carltona v Commissioner of Works; Associated Provincial Picture Houses Ltd v Wednesbury; The GCHQ case (Council of Civil Service Unions v Minister for the Civil Service); Porter v Magill; R v Ghosh; R v R (Marital Rape); R v Cunningham; R v G (Recklessness)...

Prepare brief notes. Students, almost since "time immemorial", have used revision cards to prepare for exams. The value of these cards are that they require you to condense the information. This is a (the?) key process in revision - (there are some professionally written cards on sale - some value, but you lose the process of condensing yourself - similarly, copying out from a text or revision book has the same value-deficit). There is some value in reviewing the finished cards frequently.

Consider the application of cases. Cases should not be used as decoration. They are a vital part of legal argument. Consider where and how you would deploy these cases. This is where using old exam papers can come in useful.

An ideal Law Exam Question?

'Discuss the view that "Parliamentary legislation is excessively complex and its confusions undermine the rule of the law"'

This isn't actually an exam question that has been set in a British university - but it would an excellent question - either for "English Legal System" (allowing an explanation of issues relating to 'statutory interpretation') or "Constitutional Law" (enabling a student to demonstrate their understanding of the concept of the Rule of Law)

If I were a student, I'd read the following article - from which the quote is taken - and reflect on what points I could make - even going as far as preparing an essay plan.

http://www.guardian.co.uk/law/2013/apr/16/parliamentary-legislation-too-complex-report

On the 'Rule of Law' (and other UK constitutional principles), it's difficult to beat Lord Bingham's short, readable and thought provoking book of the same name.

Revision for Exams?

Do you have exams coming up in the next few weeks? Washminster may have resources to help your revision.

There are posts specifically on revision
Revision video
Mind Maps
Other resources on Washminster
[These were written some time ago - the principles remain the same - but some comments are quaintly 'out of date']

The search engine can also be useful to find material on specific topics. So there's lots on

LAW
English Legal System (courts; legal personnel; statutory interpretation; precedent...)
UK Constitutional Law (separation of powers; rule of law; parliamentary sovereignty...)
EU Law (Institutions)

POLITICS
British Politics
US Politics
European Politics
French Politics

Have a go - the search engine is on the right, below "Share It". Let me know what you find useful - and anything else (within my area of knowledge!!!) that would be of use.

Send your comments to comments@washminster.com

Dicey and the Rule of Law

I've argued before that the great value for law and politics students of A V Dicey is that he has encapsulated central doctrines of the UK Constitution in lists of three pithy points. That makes it easier to see how different aspects of an idea are connected - useful when first learning a topic - but also great as a foundation for revision.

When writing essays, be it for term papers or TMAs, the list given by Dicey can provide a useful structure when describing; explaining; applying and discussing a doctrine.

On "Rule of Law" as a key doctrine in the British Constitution - Dicey pointed (as ever) to Three Key principles -

(1) "no man is punishable or can lawfully be made to suffer in body or goods except for a distinct breach of law" - a respect for the Rule of Law means that there will be no arbitrary punishments. Only when a breach of a PRE-EXISTING offence occurs - and the person is tried in a properly constituted and impartial Court - can a citizen be punished.

(2) There is "equality before the law." As Denning put it "Be you ever so high, the law is above you" - No one is above the law, whatever their background or status. Similarly - as Magna Carta promised in 1215 - "To no one will we sell, to no one will we refuse or delay, right or justice"

(3) "The constitution is the result of the ordinary law of the land." Parliament (a partly elected body) will be able to pass whatever laws it wishes. The people are free to elect representatives who are free to legislate without the constraints that a perhaps centuries-old Constitution - written by fallible men in very different circumstances - would impose.

Thoughts on Revision

A video made for students facing exams within the next month (if that's not you - do bookmark this post and come back to it when you are in the middle of exam revision).

Exam Thoughts

In school's, Colleges and University's across the UK, exams are underway. In the subjects of Law and politics what will examiners be looking for?

The first thing to remember that examiners don't mark for the pure entertainment of it! They have a job to do. Their task is like that of an auditor - they must look at what a student has written (in the way an auditor looks at the accounts the company has provided), and then must satisfy himself that the evidence is there to justify his conclusions. An auditor may conclude that the accounts are a true and fair record - or he may have to conclude that his report must be qualified in some way. The examiner must give the student's work a grade - he must do so on the evidence provided by the student in the exam script.

So help the examiner out! Put yourself in the examiner's shoes - ask what he needs to see in order to justify the grade YOU want? Examiners reports, your course (module) guide can help here. Your university, school or college is expected today to give you more information about the criteria for the different grades. Use that information.

Make sure that you answer the question set. If the examiner concludes that you have a general knowledge of the subject, but have not sufficiently applied the knowledge to the specific problem or issue asked for in the question - it is inevitable that you will get a lower Mark!

A well planned and structured answer will attract higher marks than a "stream of consciousness". Time spent planning and structuring your answer isn't a waste of valuable time - it enables you to present to the examiner a readable, well argued & logical piece of evidence. It shows that you've engaged with the subject matter and thought about the substance - and how best to communicate it.

In Law exams particularly, if you make an assertion, back it up with the appropriate authority - be it the relevant section of a Statute, a case or a distinguished academic opinion. (note to my students - AV Dicey is a powerful authority - "David Morgan said in lectures" is not.)

Definitions are useful - to describe and explain something, but don't waste your time trying to achieve word perfect quotes. Explaining in your own words show you have thought about the subject - being able to quote lots of sayings is a party trick.

It's good to describe; better to explain too. A reasoned discussion shows higher levels of thought. Critical evaluation - weighing up arguments is the best.

If you are facing exams - may I wish you all the best - but that's not going to help you pass. When the Prime Minister walks into the House of Commons he is prepared. He knows what his objectives are for his weekly ordeal. He anticipates and prepares for what MAY come up - but has prepared to be flexible in the face of the questions he is actually faced. Go and do likewise

The Legislative Process

Whether you are studying English Law or UK politics, it is useful to be able to describe and explain the legislative process. Even better, is having the knowledge to discuss the strengths and weaknesses of the current process.

The system is well explained on Parliament's website. This is an interactive guide, and it is worth watching the short videos. Use this as a tool to enable you to confidently explain what the various stages in the passage of a bill are - and what purpose each stage serves.

Criticisms of the legislative process have been considered in a number of reports - and some have been acted upon. I would recommend reading (at the very least, the introductions to)

The Modernisation Committee's 2006 Report on "The Legislative Process"
The Better Government Initiative - Report on Reforming Parliament and the Government
The Hansard Society's discussion paper on Law in the Making

In summary criticisms that are often made include
- the language used in bills is difficult to understand - and amendments can make it worse
- there is insufficient pre-legislative scrutiny
- changes are made in haste
- the process is dominated by the Executive
- there is a lack of meaningful debate
- insufficient scrutiny during the legislative process - and MPs may be reliant upon lobbying groups for
                    information
- the workings of particular pieces of legislation are not reviewed (lack of post-legislative scrutiny)