Undergraduate law assessments are rarely assessed on a points basis. Instead markers will use a range of assessment criteria to determine the overall quality of the answer and mark accordingly.

These could include:

Structure – This does not just mean setting everything out in the right order, but making sure that your answer is a coherent whole, flowing from one point to the next and forming a reasoned conclusion. The structure of criminal law problem questions will always involve identifying the offence, and then discussing actus reus and mens rea as well as any relevant defences.

Relevance – In criminal law it is especially important to use the current legal tests. You will be studying the historical context to put ideas such as intention and recklessness into perspective, but in problem questions, make sure you use the correct test or guideline. Furthermore, only use legal principles which are strictly relevant to the facts. For example, when discussing causation, a victim may have contributed to or accelerated his own death. In discussing whether a novus actus interveniens arises, the case of R v Blaue [1975] is relevant. Even if the events take place in a hospital, it would not be appropriate to discuss the cases on negligent medical treatment.

Legal content/accuracy and application to the facts – It will not surprise you to know that you must cite the law accurately! Statutory provisions (all the elements) must be used carefully, and case law must be relevant. You should refer to the legal principles (the ratio) of a case, not its facts. For example, in diminished responsibility, it is important to use and apply all elements of s2 Homicide Act 1957, and in gross negligence manslaughter, use and apply all four elements of the test in R v Adomako [1994]. If you do not do this, you risk assessing the facts in tort, rather than in criminal law! Finally make sure you apply these elements to the facts in question, whether you are dealing with statutory provisions or case law.

Presentation and written expression – Your writing must be clear, easy to follow and accurate. This goes a long way to impressing an examiner. Start a new point in a new paragraph, keep it concise, and be logical. Lastly, proofread everything you submit, whether this is an examination script, a briefing paper, or assessed coursework.