Tuesday 4 November 2008

Madam, I submit that...

Another study weekend over. Despite working all hours to complete all of the homework set (well ok, 90% of it), I felt sure that I'd somehow wandered into the wrong educational institution, because I really didn't have much idea about what the hell the tutor's were talking about. This has left me feeling rather dejected on the academic side of things. I'm now even confused over the basic stuff, such as the maximum sentence (for more than one offence) that can be imposed by the Magistrates Court, which I thought was 65 weeks, but seems to be 6 months, according to our tutor. So, which figure do I go with, the one taken from Archbold Magistrates Court Practice or the tutor's?


Civil litigation was equally as confusing, which is odd, because I thought that I'd got to grips with it at home and had answered all of the questions set, but we didn't go through the homework much, so I have no idea whether my hours of study produced the right or wrong answers. We did previously unseen questions, which were ploughed through at such speed that I got lost and had to just sit there, confused and depressed.


On a brighter note, I enjoyed the first Conference class and Advocacy was really good too. No-one cares much how they do in any other class, but everyone wants to do well in Advocacy. My Plea in Mitigation last month was decidedly average and I was very disappointed in my performance, however this month I felt that I gave the Bail Application a good shot and my marks improved. I really do need to get to grips with my nerves though because they are affecting my voice. And why the hell can't I stand still? I do hope that I will gain confidence in Advocacy now , I really enjoy it, but do need to be a little less hesitant and dull.


No-one wanted to be first up for defence, so I opted, just to get it out of the way. Afterwards, it was really interesting to watch the others strut their stuff and I'm amazed just how different we all are in our styles and approaches to Advocacy. As of yet, there have been no divisions in my small group and everyone is very supportive of one another. As part-timers, we only meet once a month and it was soothing to know that others are finding it tough going too.


We have our first mock assessment later this month, it's on Legal Research:-(

Different groups have different questions, mine is family law, the one subject that I know absolutely nothing about, because I didn't do it during LLB. I've no idea what the answers to any of the legal problems contained in the question are, so will have to start from scratch. To date Legal Research is my nemesis and I'll be pleased when the module finishes early next year (unless I fail and will have to do re-takes later on). We haven't started Negotiation yet and I believe that it can be a tricky one. Opinions looks like it can be an awkward module too, it's so easy to go off at a tangent and end up with completely the wrong conclusion. My remedies knowledge is not too brilliant and this may well prove to be a hindrance with Opinion Writing exercises.


My pro bono has been neglected of late due to lack of time, but I'm off to London later this week to get another day's worth completed.





6 comments:

Swiss Tony said...

Hang in there BM, things will come clearer.

I made a similar goof on sentencing, thinking that my scumbag client was due to seven years at Her Majesties Pleasure, when it was only 100 hours community service.

Oh well!

Swizz

Poppy said...

Re: Family research. Butterworths Family Law Service is a good resource as is the "red book" a CPR for the family courts and I think ICSL do a manual on advanced family, if you want to go back to real basics. I wasn't at ICSL but my college library had a copy of it.
Halsburys is a good start for anything I found, especially if you want a basis on which to do further research on.
Re: archbold and course books, sometimes acts that are meant to have come in, actually haven't. Like the increase of Mag's sentencing powers to increase from 6 months to 12. This lead to quite a few problems when I was doing the course as sometimes the course materials would be wrong as the writers had anticipated a law coming into force when it was due to, not expecting it to be put back. I'd always check with a tutor if you are unsure.

Minx said...

Hi Maid

Dont be discouraged m'dear; we have aLL been there, and it WILL get better!!
If you are at all concerned about advocacy ( which I dont think you should be, because practice makes perfect) try having a butchers at the Law in a Box Advocacy CD, which is a series of chats by Johnathan Goldberg QC - he has some tips about the whole process, and it can be pretty useful! :)

Its not fair that your tutor raced you through Civil Lit - I do hope you have tackled him/her and asked for clarification, or even for him/her to look at your homework and give you feedback. After all, as Whinger was frequently wont to say "we're paying for it!!"

Lost said...

Like I said to BarBoy, advocacy is something you work on, and sure you want to be ok/good at it, however most chambers will take you on and train you in their own particular style I would have thought!

Glad you are semi enjoying the BVC, I understand when you do all the homework and do the answers for the questions and the tutor goes off on a whim. I once had the most annoying tutor who would suggest to read everything and anything apart from the text he set us.. knob

Barmaid said...

Thankyou all for the tips.

Oh I do hope the pace slows down a little after Christmas, I can't keep it up much longer, my poor old brain is begging for mercy and my memory for anything normal (such as why I went upstairs) has shot it.

Self pity over - I'm enjoying BVC really and give myself a good telling off when I get to feeling sorry for myself.

Anonymous said...

Don't stress to hard Barmaid, if it is of any help I have absolutely no idea what is going on and am due to be in a last minute desperation-cram situation after the 2week xmas holiday.

I think all of us at ICSL are still wondering just what the underpants is going on...