People are asking from law students is whether or not they ought to discuss both common law and modern law on law school exam essays. My response to that real question is YES! Discuss both on law school exam and bar exam essays when there’s a among the guidelines.
For example, when discussing burglary on the criminal law essay, condition the most popular law rule. Note: make certain you commit to memory the rule for burglary. If you have memorized the rule, stating the rule should instantly trigger your memory from the distinctions. Once you condition the most popular law rule for burglary, mention the distinctions under modern law, i.e., it’s no longer needed that the defendant go into the dwelling of some other, or he enter at night time. An offender might be held responsible for burglary if he enters any building using the intent to commit a criminal offense, whatever the time he enters.
Also, when discussing rape on the law school or bar exam essay, make sure to condition the most popular law rule. Remember: commit to memory the rule for rape. Memorizing the rule will help you to better evaluate the issue and really should trigger your memory from the distinctions. Once you condition the most popular law rule for rape, briefly mention the distinctions under modern law, i.e., at common law a guy couldn’t take place responsible for rape if he involved in sexual activity together with his wife. However, under modern law, a guy might be held responsible for rape if he partcipates in sexual activity together with his wife without her consent.
Again, keep the discussion brief. The thing is to exhibit bar exam graders as well as your professors that you simply understand the distinctions.