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Examination papers and Examiners’ reports 2006

2650030, 2690030
Common law reasoning and institutions
(formerly English legal system)
Examiner’s report: Zone B

Comments on specific questions

Question 1
This is a quote that is rich in potential interpretations. Of course it refers to
the words used by the Home Sectary when he introduced the Bill into
Parliament and these words have gained wide currency. Bringing rights
home could give rise to a discussion of the role of rights in the common
law tradition, as in some answers, or of removing the need to go to
Strasburg, as explained in may answers.

Question 2
A question that asked the candidate to put reforms to legal aid in a political
context and for an opinion on whether efficiency and value for money
should be predominant. This clearly invited a committed voice for the
candidate. It is not enough to say what the reforms are, but one is expected
to discuss in terms of values.

Question 3
Remarks as per question 3 of Zone A.

Question 4
Remarks as per question 6 of Zone A.

Question 5
This was not popular, although done reasonably well by the majority of
those who chose it, though remarkably a couple of answers paid lip service
to the question and then launched into a jury answer! The question is a
rephrasing of the first sample examination question presented (p. 221 of
the 2004 guide):

To what extent are miscarriages of justice the result of

fundamental conflicts in the values underpinning the British
criminal justice system?
Given that this is an important theme of chapter 8 of the subject guide this
question should have been easy marks. Why was it not?

Question 6
Remarks as per question 4 of Zone A.

LLB Intermediate subjects and Diploma in Law

Question 7
The paper to the Scottish Consumer Society by Professor Hazel Genn that
the CLRI Recent developments drew to everyone’s attention was especially
relevant to both of these alternative questions. As that paper was freely
available on the web and the web site address was given in Recent
Developments, students were expected to have read it. The paper is now
reproduced in the CLRI study pack. This is a direct reflection of the
learning outcomes of the relevant chapter in the subject guide. Professor
Genn’s paper helps as she illustrates the variety of views in the ‘system’.
Not so well done, but attempted by a number of candidates.

Question 8
Remarks as per question 8 of Zone A.