UNIVERSITI TEKNOLOGI MARA

FACULTY OF LAW
TAKE HOME TEST
ANSWERING GUIDE

HOW TO ANSWER PROBLEM BASED QUESTIONS (POINTS TO CONSIDER)

 THE MAIN TASK IS TO IDENTIFY THE ISSUE/S IN THE QUESTION;

 A PROBLEM BASED QUESTION DOES NOT REQUIRE LONG INTRODUCTION EXCEPT FOR THE
STATEMENT OF ISSUE.
 BEFORE YOU DETERMINE THE ISSUE, BEAR IN MIND THAT THE TEST IS FOCUSED ON AREAS OF
LAW THAT IS COVERED IN YOUR SYLLABUS ONLY; A LEGAL PROBLEM MAY ENTAIL VARIOUS
LEGAL ISSUES; FOR THIS PURPOSE, YOU MAY IGNORE THE OTHER ISSUES;
 YOUR CURRENT SYLLABUS COVERS GENERAL DEFENSES IN CRIMINAL LAW, UNDER THE PENAL
CODE AS WELL AS SOME PRELIMINARY TOPICS SUCH AS ACTUS REUS, MENS REA, COINCIDENCE
OF AR & MR AND CAUSATION;
 DETERMINING THE ISSUE/S: A STATEMENT OF ISSUE IS THE MOST IMPORTANT PART TO YOUR
ANSWER. A WRONG STATEMENT OF ISSUE MAY LEAD TO A WRONG ANSWER; AN INACCURATE
STATEMENT OF ISSUE MAY RESULT IN YOUR ANSWER TO BE VAGUE;
 HOW TO SPOT THE ISSUE: AN ISSUE IS USUALLY DIRECTLY RELATED TO THE ‘ACT-IN-QUESTION’
OR THE ACTUS REUS. WITHOUT THE ACT DONE, THERE WILL BE NO PROBLEM, THEREFORE
THERE IS NO NEED TO ADDRESS THE MENS REA. ALWAYS REMEMBER, THE ISSUE IS NOT THE
QUESTION ITSELF; THE ISSUE GIVES RISE TO THE QUESTION THAT NEEDS TO BE SOLVED.

EXAMPLE:
QUESTION: DETERMINE THE DEFENSE THAT MAY BE AVAILABLE TO ALI.
ISSUE: WHETHER ALI’S ACT OF KILLING THE WOMAN WHILE HE WAS UNDER THE INFLUENCE
OF ALCOHOL MAY RENDER HIM CRIMINALLY LIABLE.

 ONCE YOU’VE DETERMINED THE PROBABLE AREA OF DEFENSE RELATED TO THE PROBLEM;
IDENTIFY ALL THE ELEMENTS NECESSARY IN ORDER TO APPLY THE DEFENSE; THE COMBINATION
OF THE ELEMENTS CONTAINED IN EACH ‘GENERAL DEFENSE’ PROVISION, NEGATES THE
ELEMENT OF MENS REA (THEREFORE IT BECOMES A DEFENSE);
 NEXT, LOOK AT THE FACTS OF THE PROBLEM AND TRY TO IDENTIFY FACTS THAT CAN BE
‘MATCHED’ TO THE ELEMENTS OF THE DEFENSE (ABOVE). IF ALL OF THE ELEMENTS FOR THE
DEFENSE CAN BE FOUND IN THE FACTS, YOU MAY HAVE THE DEFENSE; OTHERWISE, THE
DEFENSE MAY NOT BE AVAILABLE TO YOU (WITH EXCEPTIONS TO SITUATIONS OF MALA IN SE –
MALA PROHIBITA).
 GIVE AN EXPLANATION FOR EACH FACT THAT YOU HAVE MATCHED WITH THE ELEMENT OF THE
DEFENSE, AND ACCOMPANY THE EXPLANATION WITH AUTHORITY (STATUTORY
 PROVISION/CASE LAW). REMEMBER: THE NUMBER OF CASES CITED IN AN ANSWER DOES NOT
NECESSARILY TRANSLATE INTO A ‘BETTER’ ANSWER; THE SUITABILITY AND THE APPLICATION OF
THE AUTHORITIES TO THE GIVEN SITUATION IS GIVEN PRIORITY.
 ONCE YOU HAVE ADDRESSED ALL THE FACTS AND APPLIED THE LAW TO IT, PROCEED TO
CONCLUDE YOUR ANSWER. COUNTER CHECK YOUR CONCLUSION WITH THE QUESTION ASKED.
 YOUR TAKE-HOME TEST MAY CONTAIN MORE THAN ONE ISSUE OR MAY COVER MORE THAN
ONE GENERAL DEFENSE.
 THIS TEST ONLY COVERS TOPICS FROM ‘INTRODUCTION TO CRIME’ UNTIL ‘NECESSITY’.
 GOOD LUCK ALL!!