Uts Criminal Law Problem-solving Quiz Part 1
This quiz assesses your knowledge of the basic components of answers to criminal law problem-solving questions for common law jurisdictions.
It involves multiple choice, multiple answer, fill-in-the-blanks, true or false and matching exercises.
- 1.
Select all the main components of criminal responsibility.
- A.
Bail
- B.
Temporal coincidence
- C.
No defences
- D.
Mens rea
- E.
Capacity
- F.
Claim of right
- G.
Actus reus
Correct Answer(s)
B. Temporal coincidence
C. No defences
D. Mens rea
E. Capacity
G. Actus reusExplanation
The components of criminal responsibility are:
- Capacity
- Actus Reus (Act or Omission/ Voluntariness/ Causation – for some offences)
- Mens rea (Fault/ mental element)
- Temporal coincidence (AR and MR at the same time)
- No DefencesRate this question:
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- 2.
Which of the following should not be included in an introduction to a criminal law problem-solving question?
- A.
An in-depth analysis of the key issues that 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 that 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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- 3.
When of the following is not considered a 'primary source' when citing an authority for a legal proposition?
- A.
Student seminar materials
- B.
Crimes Act 1900 (NSW)
- C.
A Supreme Court of NSW judgment
- D.
Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW)
Correct Answer
A. Student seminar materialsExplanation
You should generally refer to primary sources as authorities for legal propositions, including cases and legislation.Rate this question:
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- 4.
True or false: You should never refer to secondary sources like your textbook when citing authorities for criminal law problem questions.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
There are limited occasions where it is necessary to cite reputable secondary sources like a legal journal article or a criminal law textbook. These include where there is a new area of law (such as a recently amended defence), so there is limited or no case law available in relation to the legal proposition. You may also refer to a secondary source where the law is unsettled/unclear, in which case academic commentary may help resolve a legal issue.Rate this question:
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- 5.
You should not use IRAC to structure answers to criminal law problem-solving questions.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
While many areas of law use IRAC to structure answers to problem-solving questions, in criminal law, your answer is structured by the components of criminal responsibility.Rate this question:
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- 6.
Which of the following propositions are true when organising 'the facts' in relation to criminal law problem-solving questions?
- A.
Unlike in criminal law practice, the facts in a legal problem question are frozen.
- B.
In your answer, you should not dispute unequivocal facts.
- C.
There may be ambiguous facts in a problem question. Ambiguities in the facts should be identified and resolved.
- D.
You may need to re-order the facts by drafting a chronology.
- E.
There may be irrelevant facts in a problem question. Facts are irrelevant when they do not affect the defendant's legal position and they do not give rise to any criminal law issue.
Correct Answer(s)
A. Unlike in criminal law practice, the facts in a legal problem question are frozen.
B. In your answer, you should not dispute unequivocal facts.
C. There may be ambiguous facts in a problem question. Ambiguities in the facts should be identified and resolved.
D. You may need to re-order the facts by drafting a chronology.
E. There may be irrelevant facts in a problem question. Facts are irrelevant when they do not affect the defendant's legal position and they do not give rise to any criminal law issue.Explanation
When presented with a set of facts, you should:
- Take the facts as established.
- Underline all relevant facts.
Consider:
- Are there any irrelevant facts?
- Are there any gaps in the facts: what more do you need to know?
- Are there any ambiguous facts? What do these ambiguous facts imply?
- You may need to re-order the facts, by drafting a chronology.Rate this question:
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Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.
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Current Version
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Mar 22, 2023Quiz Edited by
ProProfs Editorial Team -
Jul 11, 2017Quiz Created by
Elyse Methven
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