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The Case:

It is undisputed by the Defendant that, on the stormy night, of February 19th 1867 (made up date) he, Porphyria’s lover, did, by means of strangulation, cause the death of Porphyria. The cause of death has been found to be asphyxiation.

The question before the Court today is whether the Defendant should be found guilty of Murder or of Manslaughter.

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Look up the key vocab:

Manslaughter:

Murder and manslaughter are two of the offences that constitute homicide.

Manslaughter can be committed in one of three ways:

Killing with the intent for murder but where a partial defence applies, namely loss of control, diminished responsibility or killing pursuant to a suicide pact.
Conduct that was grossly negligent given the risk of death, and did kill ("gross negligence manslaughter"); and
Conduct taking the form of an unlawful act involving danger of some harm that resulted in death ("unlawful and dangerous act manslaughter").

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Look up the key vocab:

Murder:

Subject to three exceptions) the crime of murder is committed, where a person:

Of sound mind and discretion (i.e. sane);
unlawfully kills (i.e. not self-defence or other justified killing);
any reasonable creature (human being);
in being (born alive and breathing through its own lungs
under the King's Peace (not in war-time);
with intent to kill or cause grievous bodily harm

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The statement

This is found in Appendix A of your Trial Bundle (also known as your Anthology.)

What quotes show that the Defendant was of sound mind?

What quotes show the Defendant to have lost mental control/ diminished responsibility?

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Your Task:

The Crown argues (half the class):

The Defendant was of sound mind and judgment and with selfish intent did, premeditively, kill Porhphyria

The Defence argues (the other half):

The Defendant shall only be found guilty of manslaughter on the basis of diminished responsibility and a momentary but justified loss of self-control.

COUNSEL for each are in legal teams of 5.

1 person is to make the closing speech but ALL must write it together.

You must quote the law (USE THE WORDS OF THE TEXT PROVIDED), be persuasive in your speech (AFOREST) and use the direct evidence of the defendant (quotes).

The remainder of the court will then vote and the guilt will be decided by a two thirds majority.

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Why the study of English matters

Attention to detail

Accuracy is a vital law skill and is pivotal to the success of your legal career. A single word out of place can change the meaning of a clause or contract, while misspelt or ungrammatical emails, letters or documents give clients a bad impression, costing your firm their business.

When applying for jobs or training contracts remember that employers look for spelling, punctuation and grammatical errors. If your cover letter is vague, too long or littered with spelling mistakes, a recruiter may question what a potential client would make of your letter of advice.

Communication

Strong oral and written communication skills are crucial and without them you'll struggle to carry out the duties of a solicitor effectively. Excellent listening ability is also important when working with clients, as you need to be able to build relationships and engender confidence.

You need to be a confident speaker when arguing a case in court, negotiating settlements and explaining complex information to clients. You'll have to use persuasive, clear and succinct language. Public speaking is also required in the role of a barrister.

Written ability is equally important when drafting letters and legal documents. You'll need to know technical and legal language and be able to convey it clearly and concisely.

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Why the study of English matters

Information analysis and research

Reading large amounts of information, absorbing facts and figures, analysing material and distilling it into something manageable is a feature of any law career.

Being able to identify what is relevant out of a mass of information and explain it clearly and concisely to your client is key. Hone this skill by taking large documents or long news articles and making five-point bulleted lists of the most important themes.

Research also plays a huge role in a lawyer's day-to-day job. You'll need research skills when doing the background work on a case, drafting legal documents and advising clients on complicated issues. Use your time at university to familiarise yourself with internet and library resources and build up a network of contacts. As a newly qualified solicitor or barrister industry connections can prove to be a useful source of advice.

Organisation

Researching points of law, drafting legal documents and contracts, managing case files, meeting clients, attending court and networking with legal professionals - it's fair to say that the life of a solicitor or barrister is one big juggling act. The ability to prioritise and remain focused among competing priorities is essential and that's why organisational skills are so important to your legal career.

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Why the study of English matters

Creative problem solving

You may think that the legal profession provides little outlet for an individual's creative talent but this isn't the case. No matter which legal career you choose you'll frequently have to think outside the box to get the job done.

As experienced solicitors and barristers will tell you, the best course of action isn't always the easiest or the most obvious. To outmanoeuvre opposing parties and secure a positive result for your client you'll need to employ your creative thinking and problem-solving skills on an almost daily basis.

THE STUDY OF ENGLISH PROVIDES YOU WITH INVALUABLE SKILLS NEEDED IN NEARLY ALL PROFESSIONS:

SHAKESPEARE ALLOWS YOU TO UNDERSTAND COMPLICATED TEXTS AS DOES POETRY (SHAKESPEARE CONTAINS LOTS OF POETRY)

A NOVEL ALLOWS YOU TO DEVELOP THE SKILLS NEEDED TO ANALYSE LARGE CHUNKS OF INFORMATION.

PUBLIC SPEAKING HELPS YOU TO ARTICULATE ARGUMENTS.

COMPREHENSION HELPS YOU PAY CLOSE ATTENTION TO DETAIL.

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