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Did I mess up my LNAT?

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Reply 140

:rofl:

Reply 141

LawYah
:rofl:


what's funny?

Reply 142

Ethereal
re A used necessity to preserve life. that's quite compelling. also, re A made an important point on the right to life.

duress is essentially if you dont do whatever death is real and imminent. otherwise it isn't duress and you shouldn't have done it. such factors will, of course, be entered in mitigation.




Um although thinking about it, there are a few exceptions that come into the 'real and imminent' point. The defendant has to prove that they 'believed' it was real and imminent, and then the jury are asked what a 'reasonable' person would have done - but that person can share the characteristics of the defendant so that's quite subjective in a sense. This doesn't mean the threat was necessarily real or imminent - just in the defendants mind. And characteristics such as mental conditions, sex, pregnancy etc come into play- So I think there are loop holes and ways around it...

Reply 143

Ethereal
what's funny?


charmaine :p: nevermind me, I'm just a spectator.

I've found dozens of past aqa law papers that I have to complete tomorrow all day. So I'm going bed so I can get an early start.

Happy debating. :p:

Reply 144

charmainecantyx
Um although thinking about it, there are a few exceptions that come into the 'real and imminent' point. The defendant has to prove that they 'believed' it was real and imminent, and then the jury are asked what a 'reasonable' person would have done - but that person can share the characteristics of the defendant so that's quite subjective in a sense. This doesn't mean the threat was necessarily real or imminent - just in the defendants mind. And characteristics such as mental conditions, sex, pregnancy etc come into play- So I think there are loop holes and ways around it...


Not easily - it's subjective/objective with the weight on the objective. Yes, to get to the first hurdle the defendant must have believed it but then we hit modified clapham omnibus and that's a high hurdle to hit.

Reply 145

LawYah
charmaine :p: nevermind me, I'm just a spectator.

I've found dozens of past aqa law papers that I have to complete tomorrow all day. So I'm going bed so I can get an early start.

Happy debating. :p:


you can't laugh mr cooling off period doesn't defeat provocation :rolleyes: at least she's broadly on point :p:

Reply 146

Ethereal
you can't laugh mr cooling off period doesn't defeat provocation :rolleyes: at least she's broadly on point :p:


sssssssh I wasnt laughing at her. More with her, without her knowing. I'll perform when I have to :p:

Reply 147

Mocking aside, good luck.

Reply 148

Ethereal
Not easily - it's subjective/objective with the weight on the objective. Yes, to get to the first hurdle the defendant must have believed it but then we hit modified clapham omnibus and that's a high hurdle to hit.




yeah it's all subjectively-objective, and since Hasan it's steered well towards the objective. But before Hasan there's a lot of cases which are very subjectively based, and looked at what the defendant thought to be real. And as there isn't any statute clarifying duress, it's precedent that we have to go on.


Although I do see your point, and Hasan pretty much blows my argument out of the water. It's okay though, because I'm always right, even when I'm wrong. That's my prerogative as a woman.

:smile:

Reply 149

charmainecantyx
It's okay though, because I'm always right, even when I'm wrong. That's my prerogative as a woman.

:smile:


So you're definitely doing AQA law then. :p:

Reply 150

That's what 50 hour a week obsessive law geekiness does to you - I haven't studied criminal law since 2003 :redface:

Reply 151

Ethereal
That's what 50 hour a week obsessive law geekiness does to you - I haven't studied criminal law since 2003 :redface:





I just hope I start working like that when I hit uni. At the moment I cram - I mean I've started revising an hour ago for the exam on Friday. Today was the first time I've opened the source booklet. So I'm normally fine for the exam, but I forget it all afterwards. I think I'm just frustrated with A-levels though, having your own opinion or actually thinking for yourself is suicide. You have to think what the exam board wants you to think. Hopefully uni will challenge me a bit more...