Law (9084) 考試技巧

常見錯誤

1. 1high涉及分數: 5Principles and sources of English law

   Believing that the Court of Appeal has the power to use the Practice Statement 1966 to depart from its own precedent.

   如何避免: Always state that the Practice Statement 1966 is exclusively reserved for the Supreme Court. The Court of Appeal must follow its own decisions subject to the narrow exceptions in Young v Bristol Aeroplane.
2. 2medium涉及分數: 4Elements of a crime

   Wasting valuable examination time by rewriting or paraphrasing detailed scenario facts in Paper 2 rather than directly analyzing them.

   如何避免: Get straight to the legal analysis by identifying the relevant statutory section, citing the provided case law authority, and directly applying it to the scenario characters.
3. 3high涉及分數: 6Offences against property

   Applying the outdated subjective-objective tests of the Ghosh standard when evaluating criminal dishonesty.

   如何避免: Apply the simplified objective test established in Ivey v Genting Casinos and confirmed in R v Barton and Booth: determine the defendant's actual state of mind/beliefs first, and then evaluate whether their conduct was dishonest by the standards of ordinary, decent people.
4. 4high涉及分數: 5Offences against property

   Failing to address the bipartite subjective test in Section 21(1) blackmail scenarios, specifically omitting the defendant's belief regarding proper means.

   如何避免: Always analyze both limbs of s21(1): whether the defendant believed they had reasonable grounds for making the demand AND whether they believed the use of menaces was a proper means of reinforcing it (applying R v Harvey).
5. 5medium涉及分數: 8Offences against property

   Conflating Section 9(1)(a) and Section 9(1)(b) burglary under the Theft Act 1968.

   如何避免: Distinguish them clearly: under s9(1)(a), the intent to commit theft, GBH, or criminal damage must exist at the time of entry; under s9(1)(b), the entry is a trespass and the intent or attempt to steal/inflict GBH is formed or committed once inside.
6. 6medium涉及分數: 7Principles and sources of English law

   Failing to evaluate parliamentary controls alongside judicial controls when asked to discuss controls over delegated legislation.

   如何避免: Ensure a balanced essay by addressing both Parliamentary controls (e.g., Joint Select Committee, affirmative/negative resolutions, Enabling Act limits) and Judicial controls (substantive and procedural ultra vires).
7. 7high涉及分數: 10Offences against property

   Failing to treat multiple co-defendants individually in scenario questions, leading to a combined or generic legal analysis.

   如何避免: Analyze each suspect or character separately under their own subheading, assessing their specific actus reus, mens rea, and any applicable individual defences or sentencing rules.