Has anyone got their criminal law resit results?
How ? the resit was only 4 days ago
Anyone have the 2019 exam?
Does anyone have a good summary all ?
+++++++++++Ask your Law questions and an experienced Success Formula tutor will answer them as soon as possible++++++ Any problems or questions while studying/preparing for Substantive Criminal Law? Don't worry, we've got you covered! Just post any of your questions on Studydrive (as a separate post, not as a comment please) and our tutors will help you as soon as possible! We wish you a lot of success! The Success Formula Team
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Sadly not at the moment
See ya tomorrow!
Hello, Is there any criminal law resit whatsapp group? thank you
Do we already know when the resit is going to be?
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just announced, 19 June
Thanks lavender!
How did people do on their exams?
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Good; curious bout the average
the average for this course is in general not really high as it is a hard course for the first years
when will we be getting back our grades?
4 weeks after the exam so around thursday next week
I think it is a rule of Maastricht University that we receive our grades within 4 weeks after the exam, so I think thursday is the deadline. They should be uploaded before that.
ugh was i the only one to find it hard and that we did not have enought time?
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tbh it wasn't that hard to finish it in 3 hours, i planned to have 1 hour for each question, so approx. 20 minutes for each subquestion and it was managable
In your case, I was talking about my personal experience ;)
how do they want us to answer the questions? full sentences and paragraphs or bullet points like we did in tutorials an dhow they did in the case videos?
I don’t think that does really matter, as long as the correctors can easily follow your reasoning.
As long as u follow the logical pattern, i.e. offence, actus reus, mens rea, conditions, application ...etc conclusion, you should be fine. I would be safe by using full sentences, but no need for essays or strict IRAC.
When to use necessity and when to use self defense it seems to be quite the same ? Thanks
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in case of necessity there is a dangerous situation present (e.g. there is fire and you steal something to stop it), while in self-defence there is an imminent attack against the person or someone else (e.g. someone attacks you or another person in the street)
so for self defence the 1st requirement is that there is an imminent unlawful attack (against a legitimate interest) and the person tries to protect himself or another, while for necessity the 1st requirement is that there is an imminent danger (against a legitimate interest) so the person makes a choice and chooses the lesser evil, so breaks the law to avoid a more serious evil, problem
what is functional perpetration in dutch law?
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but is that in relation to corporate criminal liability or participation? cause I was wondering about it in participation
As you can rationally compare it to the German system where "Organisationsherrschaft" has been developed, it seems obvious that it belongs to the aspect of participation
How do we assess self-defense in UK?
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Thank you! So we do not need to asses it like in civil law( imminent unlawful attack, against legitimate interest, subsidiarity, proportionality)?
from what i understood the reasonableness requirement is made up of two factors: necessity and proportionality so I think the analysis is the same as in civil law
Can someone explain the doctrine of legal goods and its problems? :)
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but everything is clearly stated in the book from pg. 66
Thank you !)
Does anyone know what kind of exam we will have? How many assignments and what kind of questions will there be?
Usually it's 3 questions. 1 theoretical & 2 cases, but each of them has several subquestions.
In corporate crime what is the difference between the nominalistic approach and the realistic approach ?
The nomilanist approach sees a corporation as a collectivity of individuals, therefore, the criminal liability of a corporation derives from individual wrongdoing. The realist or organisational approach considers a corporation in itself a dynamic organisational reality, capable of acting independently from its individuals.
Would you not say there is prior fault in this case since it was voluntary ? Thus he would be liable ?
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thanks guys ! Understood !
It exists also in German law! The difference is that it plays a bigger role in Dutch law ;)
how can you distinguish between duress and necessity? they seem to be very similar
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In case you steal a fire extinguisher in order to save lives, the act in itself is still unlawful: the think is that you choose 'the lesser of the evils', i.e. you decide to break the law in order to avoid a more serious evil to others. What happens is that later on, if the excuse of necessity applies, the wrongfulness of the act may be negated.
Necessity is the situation in which D., faced with two unpleasant alternatives, decides to break the law in order to avoid a more serious evil to himself or others. Your act, even if wrongful in itself, when placed in the situation won't be considered wrongful due to the circumstances. Duress encompasses situations where D. was under such a pressure that he could not reasonably be expected to abide by the law: immagine a case in which S is pointing a gun at D, and tells him that if he doesnt kill V., S will kill D. D wouldn't be to blame if he would choose to kill V in order to prevent himself from dying! (however, take into account that in this latter example which regards murder, D wouldn't be excused under English law, where an heroic self-sacrifice is required , i.e. sacrifice your life instead of someone else's)
could someone explain me the justifications and excuses in England? Because some does not exist and some only for a charge of murder but I cannot see which one.. Thanks!
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thank you so much!
No problem :)
Could someone explain the difference between §22 and §23 in the GCC ? I do not understand which one should be used for attempt. Thanks !
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thanks so much !!!
no worries!! :)
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*CORRECTION: direct, indirect and co-perpetrator under Dutch law--> Article 47(1) 1 and not 41(1)1. Sorry for the typo
Hi everyone. I wanted to join the first-year ELS students group on WhatsApp. It says that it is already full. Do you know any ways how I can join the group? If you can add me, this is my number +995551994433. Thank you in advance!
hey does someone have a good summary of the whole course ? thanks
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Thank you sm im looking forward to read it
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May I ask why §243 (1) GCC is applicable for Sid? My assumption would be just §26, as Sid himself didn't participate physically during the theft so I'm a bit confused :)
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Thank you so much!! It makes sense now
No problem! :))
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Hey are you planning to upload all the chapters for this course ? Your summary is really helpfull thanks
Thanks ! I will try to but cannot promise anything:)
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Are you planning to uplaod case study of other tutorials ? Thank you
They’re all there! Look in the section “other”, and you will find all of them from tutorial 2 to tutorial 7.
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this documents very good! di you have another tutorial cases? thank you
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I totally agree, thanks a lot for the effort!
Sharing is caring, innit? No problem :)
since there was said in the online tutorial today, we only need to know the details of the cases for EngL that was discussed in the tutorials, the lectures and the course book.. does anyone for instance have a summary of those cases? would help so much
does recklessness in english law fall under the category of intent or negligence?
I'm not sure, but I think it's a category in itself, just as intent or negligence. It's between intent and negligence.
It's is a third category of mens rea typical for common law. It has characteristics similar to Conscious negligence and Conditional intent.
are offences of participation applied as an offence in themselves or jointly with the other articles? i.e. is someone who encourages another to kill a third person liable for instigation or instigation to murder?
jointly with an offence article. So the instigation to murder
but in english law, an offence of participation is considered an offence in itself right? you would apply the accessories act?
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This is absolutely fantastic, thank you for your hard work. I also hope you don’t mind me asking which tutor did you get for criminal law?
No problem. Since I am a second year, i didnt only have one tutor due to making the course twice.
I do not agree, duress can be applicable for circumstances. I think those circumstances are putting some pressure and oblige someone to choose the lesser evil, which is stealing an exctinctor in order to prevent a fire from happening.
I agree; moreover, it's not necessary to analyze blameworthiness, since the requirements are progressive and the previous ones aren't fulfilled.
Will we be able to access lecture recordings?)
As I remember, yes, but they will be available only from the 6th week of the course.
in the study questions for session three, what is the test for the common law concept of recklessness?
the subjective test given in the case of R and G and another 2003 on page 192
I failed the resit although I was confident I would pass. For me, I find it hard to do open question exams even when I know about the subject. What can I do to improve? Please help!
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It has been 9 months since you asked your question)) I just wanted to ask what happens when you fail the resit? Thank you so much! I have resit in April :)
If you fail a course in the first year, you have another chance to take the exam in the next exam period. If you fail that exam (so the resit), then you take the course in year 2, but have to drop one of the classes in year 2 to be under the ECTS maximum per period.
Correction by author: here a NOT is missing, the statement is not completely correct. To be more precise, it would be correct if we would deal with the utilitarian theory. But since it is the retributive one, its completely false.
Stupid question: if I get the same grade that before, how can I notice that it's a new grade? Also some guesses when we get the results?
the course will be back to "failed course" again before being added back into "current courses"
We only need volume 2 of the Maastricht collection for the exam right?
Yes
yes, comparative public law
Did you guys passed the exam?
No, and I was confident to pass it
SAME!!!! I failed with a 5, and I've heard the same from a lot of students.. And the most annoying thing is that I solved the cases but did not mention all the little details even if I knew it when I checked the model answers.... I'm really afraid of the resit after this.....
Will there be an answer-model published for the criminal law exam?
what is the provision for duress in dutch law?
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Thank youu!! :)
It is art 40, which is used for duress and necessity. Art 41(2) is self defence excess!
What do you expect as a theoretical question? Principles of criminalisation? Thanks in advance, good luck!!
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My tutor said there may be question about the development recklessness case by case. Let's see...
I've heard that this was one of the tasks last year, do u think that it's still possible to get? :O (recklessness test in the UK, I mean)
Which is the exact wording for adequate causation?
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which basically means that the result must be foreseeable
Thanks :)
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love u ❤️❤️❤️
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I uploaded an updated version of the document :)
Thank you, super helpful to check my own plan with yours! I also added an 'attempt' (so at the beginning + voluntary withdrawal step) :)
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This is great! Thanks for updating it!!
you're welcome :)
Does anyone know what are the cases that we have to know?
Someone created a document with all of the cases! (Thanks to her btw)
If someone could post some previous exams or link to one (or more ) here that would be awesome!
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The problem is that these exams are quite old and outdated. Our tutor told us that old exams are more likely to confuse us than help us.
Only Unipasser's exams are helpful in my opinion
Can anyone else not open the slides?
Works for me :/ Maybe if you ask someone to send them by email you’ll be able to open them?
Can somebody post tutorial notes pls ?
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