Uts Criminal Law Problem Solving Part 2

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| By Elyse Methven
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Elyse Methven
Community Contributor
Quizzes Created: 2 | Total Attempts: 1,478
| Attempts: 568
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  • 1/6 Questions

    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. 

    • True
    • False
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About This Quiz

This is a quiz designed for first-year criminal law students in common law jurisdictions in Australia.

Problem Solving Quizzes & Trivia

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  • 2. 

    Which of the following should not be included in an introduction to your answer of a criminal law problem solving question?

    • An in-depth analysis of the key issues which the question raises

    • Citation of legal authorities for all legal propositions

    • Outline the charges which the defendant will be charged with

    • Outline the defences which the defendant will raise in relation to the charges

    • 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 raises
    Explanation
    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.

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  • 3. 

    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).

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  • 4. 

    Which of the following things should you do when answering a criminal law problem question (tick one or more options)?

    • Clearly apply the law to the facts

    • Clearly outline the law

    • Integrate your analysis of fact and law

    • Address each element separately, using headings

    • Draw clear factual analogies

    • Copy other students works to previous past answers

    Correct Answer(s)
    A. Clearly apply the law to the facts
    A. Clearly outline the law
    A. Integrate your analysis of fact and law
    A. Address each element separately, using headings
    A. Draw clear factual analogies
    Explanation
    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.

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  • 5. 

    True or false:All criminal law defences must be raised to the legal standard of the balance of probabilities (Woolmington). 

    • True

    • False

    Correct Answer
    A. False
    Explanation
    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.

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  • 6. 

    When addressing an element of an offence (for example, voluntariness), what should you include?

    • Outline the applicable law

    • Apply the law to the facts

    • Draw factual analogies to relevant cases

    • Outline the relevant charges and defences

    • Draw a mini conclusion as to whether the element is satisfied or not

    Correct Answer(s)
    A. Outline the applicable law
    A. Apply the law to the facts
    A. Draw factual analogies to relevant cases
    A. Draw a mini conclusion as to whether the element is satisfied or not
    Explanation
    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.

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Quiz Review Timeline (Updated): Mar 19, 2023 +

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  • Current Version
  • Mar 19, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Aug 01, 2017
    Quiz Created by
    Elyse Methven
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