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Test Answering Guide
Test Answering Guide
Test Answering Guide
FACULTY OF LAW
TAKE HOME TEST
ANSWERING GUIDE
EXAMPLE:
QUESTION: DETERMINE THE DEFENSE THAT MAY BE AVAILABLE TO ALI.
ISSUE: WHETHER ALI’S ACT OF KILLING THE WOMAN WHILE HE WAS UNDER THE INFLUENCE
OF ALCOHOL MAY RENDER HIM CRIMINALLY LIABLE.
ONCE YOU’VE DETERMINED THE PROBABLE AREA OF DEFENSE RELATED TO THE PROBLEM;
IDENTIFY ALL THE ELEMENTS NECESSARY IN ORDER TO APPLY THE DEFENSE; THE COMBINATION
OF THE ELEMENTS CONTAINED IN EACH ‘GENERAL DEFENSE’ PROVISION, NEGATES THE
ELEMENT OF MENS REA (THEREFORE IT BECOMES A DEFENSE);
NEXT, LOOK AT THE FACTS OF THE PROBLEM AND TRY TO IDENTIFY FACTS THAT CAN BE
‘MATCHED’ TO THE ELEMENTS OF THE DEFENSE (ABOVE). IF ALL OF THE ELEMENTS FOR THE
DEFENSE CAN BE FOUND IN THE FACTS, YOU MAY HAVE THE DEFENSE; OTHERWISE, THE
DEFENSE MAY NOT BE AVAILABLE TO YOU (WITH EXCEPTIONS TO SITUATIONS OF MALA IN SE –
MALA PROHIBITA).
GIVE AN EXPLANATION FOR EACH FACT THAT YOU HAVE MATCHED WITH THE ELEMENT OF THE
DEFENSE, AND ACCOMPANY THE EXPLANATION WITH AUTHORITY (STATUTORY
PROVISION/CASE LAW). REMEMBER: THE NUMBER OF CASES CITED IN AN ANSWER DOES NOT
NECESSARILY TRANSLATE INTO A ‘BETTER’ ANSWER; THE SUITABILITY AND THE APPLICATION OF
THE AUTHORITIES TO THE GIVEN SITUATION IS GIVEN PRIORITY.
ONCE YOU HAVE ADDRESSED ALL THE FACTS AND APPLIED THE LAW TO IT, PROCEED TO
CONCLUDE YOUR ANSWER. COUNTER CHECK YOUR CONCLUSION WITH THE QUESTION ASKED.
YOUR TAKE-HOME TEST MAY CONTAIN MORE THAN ONE ISSUE OR MAY COVER MORE THAN
ONE GENERAL DEFENSE.
THIS TEST ONLY COVERS TOPICS FROM ‘INTRODUCTION TO CRIME’ UNTIL ‘NECESSITY’.
GOOD LUCK ALL!!