Uts Criminal Law Problem Solving Part 2
This is a quiz designed for first-year criminal law students in common law jurisdictions in Australia.
- 1.
Which of the following should not be included in an introduction to your answer of a criminal law problem solving question?
- A.
An in-depth analysis of the key issues which the question raises
- B.
Citation of legal authorities for all legal propositions
- C.
Outline the charges which the defendant will be charged with
- D.
Outline the defences which the defendant will raise in relation to the charges
- E.
Outline the applicable burdens and standards of proof for offences and defences
Correct Answer
A. An in-depth analysis of the key issues which the question raisesExplanation
In an introduction to a criminal law problem question, you should:
- Outline the relevant charges
- Outline the applicable criminal law defences to these charges (e.g. self defence under s 418 of the Crimes Act 1900 (NSW))
- Provide the burdens and standards of proof in relation to each charge and defence…. unless you do this in the body of your answer.
- Cite a legal authority for the charges, and the burdens and standards of proof (e.g. s 18(1)(a) of the Crimes Act 1900 (NSW))
- Keep introductions concise. Do not analyse the facts or apply the facts to the law at this stage.Rate this question:
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- 2.
Generally, the prosecution must prove elements of criminal offences to the legal standard of:
Correct Answer
beyond reasonable doubt, beyond all reasonable doubt, beyond a reasonable doubt, beyond a reasonable doubt., beyond reasonable doubt, beyond reasonable doubt.,Explanation
The prosecution must prove all offences beyond reasonable doubt (Woolmington v DPP [1935] AC 462).Rate this question:
- 3.
True or false:All criminal law defences must be raised to the legal standard of the balance of probabilities (Woolmington).
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Generally, the defence bears the evidential burden to raise defences (to suggest a reasonable possibility), and then the burden SHIFTS to the prosecution to disprove defences to the standard of beyond reasonable doubt.Rate this question:
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- 4.
When addressing an element of an offence (for example, voluntariness), what should you include?
- A.
Outline the applicable law
- B.
Apply the law to the facts
- C.
Draw factual analogies to relevant cases
- D.
Outline the relevant charges and defences
- E.
Draw a mini conclusion as to whether the element is satisfied or not
Correct Answer(s)
A. Outline the applicable law
B. Apply the law to the facts
C. Draw factual analogies to relevant cases
E. Draw a mini conclusion as to whether the element is satisfied or notExplanation
You might want to adopt a typical RAIC structure when structuring your paragraphs:
- Rule / Relevant law (Outline the applicable law in relation to the criminal law element).
- Application of Law to Facts
- Resolve any Issues that arise from your application of the law to the facts. This may involve drawing factual analogies to relevant cases. Only do this step for more complex or controversial elements.
- Conclusion (Draw a strong mini conclusion as to whether the element is satisfied or not).
Do not use the headings ‘Issue’, ‘Relevant Law’ etc., These headings should be implicit in your answer; not explicitly written down.Rate this question:
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- 5.
Which of the following things should you do when answering a criminal law problem question (tick one or more options)?
- A.
Clearly apply the law to the facts
- B.
Clearly outline the law
- C.
Integrate your analysis of fact and law
- D.
Address each element separately, using headings
- E.
Draw clear factual analogies
- F.
Copy other students works to previous past answers
Correct Answer(s)
A. Clearly apply the law to the facts
B. Clearly outline the law
C. Integrate your analysis of fact and law
D. Address each element separately, using headings
E. Draw clear factual analogiesExplanation
Make sure that you write your answer clearly, coherently and in a logical order. Do not plagiarise. There are serious consequences for doing so as a student and as a (future) lawyer.Rate this question:
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- 6.
True or false: A conclusion should summarise your ultimate findings of which offences the defendant will be guilty of and which defences they will be able to successfully raise. The conclusion should be consistent with the analysis in your answer.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Your overall conclusion should:
-Summarise your ultimate findings.
-Your conclusions and reasoning should be consistent with your analysis.
-Cite authorities for all legal propositions.
-You may also want to outline the applicable punishments.Rate this question:
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Current Version
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Mar 19, 2023Quiz Edited by
ProProfs Editorial Team -
Aug 01, 2017Quiz Created by
Elyse Methven
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