Assist for Law Trainees: Common Law and Modern Law Distinctions
A typical concern from law trainees is whether they ought to go over both common law and contemporary law on law school examination essays. My answer to that concern is YES! Go over both on law school examination and bar test essays when there is a difference in between the guidelines.

When going over robbery on a criminal law essay, state the typical law guideline. Keep in mind: ensure you remember the guideline for robbery. If you have remembered the guideline, specifying the guideline ought to immediately activate your memory of the differences. After you mention the common-law guideline for break-in, point out the differences under contemporary law, i.e., it is not needed that an accused go into the residence of another, or that he goes into at nighttime. An offender might be held guilty of robbery if he goes into any structure with the intent to dedicate a criminal activity, despite the time of day he goes into.

When talking about rape on a law school or bar test essay, be sure to specify the typical law guideline. Keep in mind: remember the guideline for rape. Remembering the guideline will permit you too much better examine the concern and needs to activate your memory of the differences. After you mention the common-law guideline for rape, briefly discuss the differences under contemporary law, i.e., at common law, a male might not be held guilty of rape if he took part in sexual relations with his spouse. Under the contemporary law, a male might be held guilty of rape if he engages in sexual intercourse with his partner without her authorization.

Once again, keep your conversation quick. The point is to reveal bar test graders and your teachers that you understand the differences.

Comments are closed.