law: What's the best way to answer a criminal law question?

Sunday, April 12, 2009

What's the best way to answer a criminal law question?

I have previously taken a criminal law exam and failed but I got distincts in Tort and Civil litigation and Land law. Just do not understand where I'm going with this subject because I enjoy crime and understand it better.

I spent more time on criminal exam than the others.. I Just wondering if there any tips that will help me with this exam.. Thank you.

IRAC IRAC IRAC

And when that doesn't work.... IRAC

Seriously, unless your teacher wants something different, the process is the same. Define the rules element by element, apply the facts to the rules for each element, come to a conclusion for each element.

Criminal law is all about the elements of the crime. Know the elements for each common law crime, know the subtle lines (like blackening vs. charring for arson, etc.) and then apply the facts for each element. At the end, sum up whether all elements have been met, or which ones were not satisfied.

Good luck.

Here are some tips. If it is an essay with a fact pattern identify each party (you may want to do a chart first). Then for each person identify all of the crimes that person could be charged with, the elements of that crime, whether/what defenses/excuses/justifications are available and the likely conclusion a court would make. Do not forget to discuss the mens rea and whether the crime is specific intent or general intent. Keep an eye out for attempt and conspiracy and explain the result a convictin for those crimes entails. Also watch out for felony murder. At the end of the exam, make sure you have addressed every fact to make sure you've hit all of the issues.

I think that you should splash out on a text book which will teach you the techniques of writing answers of this kind. Go through the examples given and look at past papers, seeing how you could have applied those principles in answering. Once you are confident over technique, you will be able to sail through the paper. Normally one starts with an introductory paragraph setting out the general principles which are to be addressed and then considers the involvement of each person mentioned in the narrative, with a conclusion to tie the strings together. Not very different, in fact, from the other subjects which you find so straightforward.

http://www.us.oup.com/us/catalog/general/subject/Law/CriminalLawandProcedure/?view=usa&ci=9780199299546

http://stu.findlaw.com/outlines/criminal.html

Cliff's notes has a book out on Criminal Law

just check on BN.com

perhaps you should discuss this with your tutuor who can help you better.

90% of the action in a crime law exam is the mens rea not the actus rea.

In real lif actus rea is where the action is, but on an exam the issue is almost always on the mens rea.

Yes................or No

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