The Student Room Group

Cambridge Law Students and Applicants

Scroll to see replies

Original post by Tortious
I agree completely with the guy who got a double first - it's what Geth advised me to do last year and she was right. :yes:


:zomg:

Shall do! Advice taken on board! Thanks guys!
So if I left out defamation and privacy that'd be ok? (Pretty much done everything else, which is a bit annoying if we don't have to).
Doughnuts!!
I'm absolutely desperate about Tort especially and am intending to learn the bare minimum...


Seems to be a common view among freshers. About 2 weeks ago, I was walking through Kings and 2 girls who were clearly law freshers were talking about how they didn't know any tort and had to go to some revision supervision and if the supervisor asked if someone was liable in tort, they were planning on turning it into a philisophical debate about the meaning of liability :tongue:

Original post by TimmonaPortella
So if I left out defamation and privacy that'd be ok? (Pretty much done everything else, which is a bit annoying if we don't have to).


If privacy is part of the defamation topic then yes, skip it. You honestly won't need it. You can probably drop breach of statutory duty as well. The base rule, for any exam is to look back at the last 3-5 years of exams. Can you answer 5 questions on each paper? If not, learn more topics. If yes, stop learning more topics, you're probably going to be fine.
(edited 11 years ago)
Reply 1783
Just got a camcors that has completely stripped me of any remaining motivation I had - I'm going to do rubbish what's the point anymore :frown:
Original post by triste91
Just got a camcors that has completely stripped me of any remaining motivation I had - I'm going to do rubbish what's the point anymore :frown:


Seriously- Camcors means nothing. I got predicted 2.2 in tort and consti and got firsts in both. Everything can change between now and exams, you can learn the whole syllabus in a surprisingly short amount of time.
Original post by gethsemane342

If privacy is part of the defamation topic then yes, skip it. You honestly won't need it. You can probably drop breach of statutory duty as well. The base rule, for any exam is to look back at the last 3-5 years of exams. Can you answer 5 questions on each paper? If not, learn more topics. If yes, stop learning more topics, you're probably going to be fine.


ok, cool, thanks. It's just, I really don't want to have to do an essay, so I'm trying to be cautious. If that's fine then great :smile:

Original post by The West Wing
Seriously- Camcors means nothing. I got predicted 2.2 in tort and consti and got firsts in both. Everything can change between now and exams, you can learn the whole syllabus in a surprisingly short amount of time.


This is encouraging :smile:
Original post by triste91
Just got a camcors that has completely stripped me of any remaining motivation I had - I'm going to do rubbish what's the point anymore :frown:


Don't take Camcors to heart, like TWW said. They're rarely accurate. These are some examples of how far out they can be:

My friend got predicted a third (if lucky) in consti. He got a first on the paper.

Tort in first year, comments ranged from, "She's trying" to "Very muddled". Got a 1st on the paper.

Land last year, I got predicted a solid 2.2. Got a mid-first on the paper.

CSPS, got predicted a first - got a mid-2.1 (so nowhere near)

In fact, it's gotten to the point that I'm predicting my results by going the opposite of what camcors tells me (as my labour law supervisor has a *lot* of confidence in my abilities, I have come to the regretful conclusion that I am going to get a third in labour law. Thankfully, none of my other supervisors have quite that much faith in me so there's hope for me yet :tongue:)

If you want, I have some bootlegged international notes (from O'Keefe) and some bootlegged contract notes (from NA). Both are about 2 years old now so may not be ideal. I also have KNT supervision handouts from last year if you want some direct reading for international as I know she's been on sabbatical for the last term. Don't know how much they'll help but if you want them, PM me your hermes and I'll send them over :smile: (Afraid I have nothing of much use for land unless you particularly want to see my botched attempt at note-making)
Any advice on what to drop for admin? :'( Too.much.stuff.
Reply 1788
Drop official secrets or drop protest and assembly for consti - what do we think? Stressing!
Original post by wawa1906
Drop official secrets or drop protest and assembly for consti - what do we think? Stressing!


Official secrets is less fun and trickier.
Original post by wawa1906
Drop official secrets or drop protest and assembly for consti - what do we think? Stressing!


All of it. Supervisions 8 and 9, gone. That's what I'm doing, anyway.
Original post by TimmonaPortella
All of it. Supervisions 8 and 9, gone. That's what I'm doing, anyway.


Yeah, I dropped both and got away with it. Of course, it meant bull****ting an essay on devolution, but it seemed to work...
Original post by TimmonaPortella
All of it. Supervisions 8 and 9, gone. That's what I'm doing, anyway.


Nahhh, I'm doing assembly so that I can have it as a back up 'cos there always seems to be a straightforward problem Q on it each year.
Original post by Doughnuts!!
Nahhh, I'm doing assembly so that I can have it as a back up 'cos there always seems to be a straightforward problem Q on it each year.


Not saying it's a bad idea to do it, I just don't have time for it. I've got some stuff left to learn, and I've not done anything for those sups. Just gonna have to learn all the sovereignty related stuff, EU law/directives, HRA, and judicial review, and hope.

edit: and my consti supervisor still hasn't sent back my essay for supervision 7 on the HRA. This is becoming absurd. I need to revise it...
(edited 11 years ago)
Original post by Doughnuts!!
Nahhh, I'm doing assembly so that I can have it as a back up 'cos there always seems to be a straightforward problem Q on it each year.


What are you (and anyone else, you were the nearest quotable person) learning on (or learned on) what constitutes a contract of service as against a contract for services? It seems to me more an employment law/ contract law issue, not sure if I should bother learning the stuff on contractual exclusion of liability for acts of a transferred employee, the extent to which the parties' designation of the relationship affects the actual legal designation of the relationship (beyond just, it's not determinative all the time) etc... I'm thinking just Ready Mixed Concrete, Mersey Docks, Viasystems, Hawley v Luminar...

Casual delegation? Partnerships? We don't need any of that ****, right?
(edited 11 years ago)
Original post by TimmonaPortella
What are you (and anyone else, you were the nearest quotable person) learning on (or learned on) what constitutes a contract of service as against a contract for services? It seems to me more an employment law/ contract law issue, not sure if I should bother learning the stuff on contractual exclusion of liability for acts of a transferred employee, the extent to which the parties' designation of the relationship affects the actual legal designation of the relationship (beyond just, it's not determinative all the time) etc... I'm thinking just Ready Mixed Concrete, Mersey Docks, Viasystems, Hawley v Luminar...

Casual delegation? Partnerships? We don't need any of that ****, right?


Know the basics of the distinction as vicarious liability can depend on the employment status but you don't need to know stuff like Carmichael or O'Kelly - just the distinction between self-employment and employed. Whatever you've been told will be enough - there's much more to it than you've been taught.
Tortious
...


Does a Lucas Lie direction only apply when the lie is made during the trial? Or can you apply it when the lies are at the police interview (in the 2008 paper, a defendant lies in his interview. The police then tell him they've been told a certain fact and the defendant reluctantly admits the fact is true. I'm trying to work out whether this requires a Lucas direction)
Original post by gethsemane342
Does a Lucas Lie direction only apply when the lie is made during the trial? Or can you apply it when the lies are at the police interview (in the 2008 paper, a defendant lies in his interview. The police then tell him they've been told a certain fact and the defendant reluctantly admits the fact is true. I'm trying to work out whether this requires a Lucas direction)


Heh, I'm just going over this now. :mmm:

I have the following:

The Lucas direction - originated from Lucas [1981]. It is intended to warn juries against jumping readily to the conclusion that any lies told by D can be equated with guilt. In Middleton [2001], it was stated that the court should decide whether a warning is needed on a case-by-case basis. In Burge and Pegg [1996], it was said that a Lucas direction may be appropriate in four cases:
Where D relies upon an alibi which is shown to be false
Where, having determined in his discretion under Makanjuola [1995], the judge considers it desirable or necessary to suggest that the jury should look for support or corroboration of one piece of evidence in the case, and amongst that other evidence draws attention to alleged lies told by D
Where P seeks to show that something said, either in or out of the court, in relation to a separate and distinct issue was a lie, and to rely on that lie as evidence of guilt in relation to the charge(s) laid against D (e.g. In a case with facts similar to Blick [1966])
Where, although P's strategy is not actually to rely on D's having told a lie as part of its case, the judge reasonably envisages that there is a real danger that the jury will be tempted to draw an inference unless warned not to do so


Initially, I thought that my notes (from RM's book) didn't cover this point, but after reading the part in bold I became more confident that it could be in or out of court.

I had a quick look at Blick just to make sure - in Blick, D was charged with robbery and claimed that it was a case of mistaken identity - he just happened to be coming out of the public toilets at the time. It emerged at trial that the toilets were closed that day; RM says that if P sought to rely upon this lie as evidence of D's guilt, this would require the judge to give the direction.

On that basis, I'd say that the judge has to give the direction. The fact that D later admits that the fact is true isn't relevant to the issue of whether he lied earlier, if that makes sense (since the lie could have been discovered another way - as it must've been for the police to confront D with it).

Does this make things any clearer? :erm:
Original post by Tortious
Heh, I'm just going over this now. :mmm:

I have the following:



Initially, I thought that my notes (from RM's book) didn't cover this point, but after reading the part in bold I became more confident that it could be in or out of court.

I had a quick look at Blick just to make sure - in Blick, D was charged with robbery and claimed that it was a case of mistaken identity - he just happened to be coming out of the public toilets at the time. It emerged at trial that the toilets were closed that day; RM says that if P sought to rely upon this lie as evidence of D's guilt, this would require the judge to give the direction.

On that basis, I'd say that the judge has to give the direction. The fact that D later admits that the fact is true isn't relevant to the issue of whether he lied earlier, if that makes sense (since the lie could have been discovered another way - as it must've been for the police to confront D with it).

Does this make things any clearer? :erm:


Yep, thanks. I found a case called Hackett [2011] which seems to accept that the direction can be given on a lie out of court as well (it's a confusing case though, mainly because of the relationship with S.34 CJPOA 1994)
Original post by gethsemane342
Yep, thanks. I found a case called Hackett [2011] which seems to accept that the direction can be given on a lie out of court as well (it's a confusing case though, mainly because of the relationship with S.34 CJPOA 1994)


Oh, is it the one about the petrol bombs? I'm reading it on Lexis now... *groans*

EDIT: Am I right in thinking that the issue in the case is as follows?

D was charged with arson to endanger life; he didn't mention that he'd been to a petrol station (this was a fact that P intended to rely upon), and when he did offer an explanation for his visit, he said that it was to get petrol for a strimmer. Since D didn't contend that he wasn't at the petrol station, by virtue of Webber [2004], his presence there is treated as fact. As such, omitting to mention the fact was not a "lie", so Lucas was inappropriate, and it was a straightforward s.34 case.

Tbh it looks like this case is trying to solve a problem that doesn't really exist...
(edited 11 years ago)

Quick Reply

Latest

Trending

Trending