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The basic issue surrounds whether the law has been broken. We have been told Mary has been charged with theft under s 1 of the Theft Act. We are to assume that the three statements provided containing all of the information in this scenario have been produced just for us to read and work on. For the purposes of this exercise we will assume that these statements were produced in ways not calling into doubt their admissibility or credibility. This means therefore that we only have to concentrate on their probative value. (What do they prove?) The seven point approach of Twining and Miers will be used. 1 Standpoint: the standpoint of the Chart is that of the author of this book demonstrating the Wigmore Chart Method for the purposes of demonstrating the method and argument construction. 2 Stages 2, 3 and 4: relate to setting up the propositions and then key listing and charting. The impossibility of approaching each task in an isolated way is immediately perceived as we are going to work from statements. We have to find out the facts before we can draft the UP, PP, and interim probanda. Task: so that you can appreciate the levels of analysis go back to the statements and highlight the key words and phrases that begin to allow you to break into them and locate the story, and the law. Then try to give answers to the following questions: (1) What are the relevant facts? (2) What key phrases in the statements give you clues as to the application of the law? (3) Can you construct the deductive argument for the prosecution? (4) Can you construct the inductive argument for the prosecution? (5) Can you construct the opposing inductive argument for the defence? (6) Are there any conditions of doubt in your mind surrounding the wording of s1(1) of the Theft Act which may apply? (For example questions surrounding the presence of both mens rea and actus reus.) DO NOT PROCEED UNTIL YOU HAVE ANSWERED QUESTIONS (1)–(6).
DOI link for The basic issue surrounds whether the law has been broken. We have been told Mary has been charged with theft under s 1 of the Theft Act. We are to assume that the three statements provided containing all of the information in this scenario have been produced just for us to read and work on. For the purposes of this exercise we will assume that these statements were produced in ways not calling into doubt their admissibility or credibility. This means therefore that we only have to concentrate on their probative value. (What do they prove?) The seven point approach of Twining and Miers will be used. 1 Standpoint: the standpoint of the Chart is that of the author of this book demonstrating the Wigmore Chart Method for the purposes of demonstrating the method and argument construction. 2 Stages 2, 3 and 4: relate to setting up the propositions and then key listing and charting. The impossibility of approaching each task in an isolated way is immediately perceived as we are going to work from statements. We have to find out the facts before we can draft the UP, PP, and interim probanda. Task: so that you can appreciate the levels of analysis go back to the statements and highlight the key words and phrases that begin to allow you to break into them and locate the story, and the law. Then try to give answers to the following questions: (1) What are the relevant facts? (2) What key phrases in the statements give you clues as to the application of the law? (3) Can you construct the deductive argument for the prosecution? (4) Can you construct the inductive argument for the prosecution? (5) Can you construct the opposing inductive argument for the defence? (6) Are there any conditions of doubt in your mind surrounding the wording of s1(1) of the Theft Act which may apply? (For example questions surrounding the presence of both mens rea and actus reus.) DO NOT PROCEED UNTIL YOU HAVE ANSWERED QUESTIONS (1)–(6).
The basic issue surrounds whether the law has been broken. We have been told Mary has been charged with theft under s 1 of the Theft Act. We are to assume that the three statements provided containing all of the information in this scenario have been produced just for us to read and work on. For the purposes of this exercise we will assume that these statements were produced in ways not calling into doubt their admissibility or credibility. This means therefore that we only have to concentrate on their probative value. (What do they prove?) The seven point approach of Twining and Miers will be used. 1 Standpoint: the standpoint of the Chart is that of the author of this book demonstrating the Wigmore Chart Method for the purposes of demonstrating the method and argument construction. 2 Stages 2, 3 and 4: relate to setting up the propositions and then key listing and charting. The impossibility of approaching each task in an isolated way is immediately perceived as we are going to work from statements. We have to find out the facts before we can draft the UP, PP, and interim probanda. Task: so that you can appreciate the levels of analysis go back to the statements and highlight the key words and phrases that begin to allow you to break into them and locate the story, and the law. Then try to give answers to the following questions: (1) What are the relevant facts? (2) What key phrases in the statements give you clues as to the application of the law? (3) Can you construct the deductive argument for the prosecution? (4) Can you construct the inductive argument for the prosecution? (5) Can you construct the opposing inductive argument for the defence? (6) Are there any conditions of doubt in your mind surrounding the wording of s1(1) of the Theft Act which may apply? (For example questions surrounding the presence of both mens rea and actus reus.) DO NOT PROCEED UNTIL YOU HAVE ANSWERED QUESTIONS (1)–(6).
ABSTRACT
The basic issue surrounds whether the law has been broken. We have been told Mary has been charged with theft under s 1 of the Theft Act. We are to assume that the three statements provided containing all of the information in this scenario have been produced just for us to read and work on. For the purposes of this exercise we will assume that these statements were produced in ways not calling into doubt their admissibility or credibility. This means therefore that we only have to concentrate on their probative value. (What do they prove?)
The seven point approach of Twining and Miers will be used. 1 Standpoint: the standpoint of the Chart is that of the author of this book
demonstrating the Wigmore Chart Method for the purposes of demonstrating the method and argument construction.