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	<title>Insert Witticism Here</title>
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	<description>Alan Fleming's miscellanea</description>
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		<title>Your data in the Cloud is not secure from the US Government</title>
		<link>http://alanfleming.org/2011/07/your-data-in-the-cloud-is-not-secure-from-the-us-government/</link>
		<comments>http://alanfleming.org/2011/07/your-data-in-the-cloud-is-not-secure-from-the-us-government/#comments</comments>
		<pubDate>Thu, 14 Jul 2011 10:04:27 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Comment]]></category>
		<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=531</guid>
		<description><![CDATA[<p>Data storage in the cloud is clearly the where things are moving just now. Given the plethora of devices people have — computers at home, laptops and tablets on the move, smartphones in the pocket, it makes perfect sense for all of a person’s devices to use a single, common repository for shared information. Services [...]]]></description>
			<content:encoded><![CDATA[<p>Data storage in the cloud is clearly the where things are moving just now. Given the plethora of devices people have — computers at home, laptops and tablets on the move, smartphones in the pocket, it makes perfect sense for all of a person’s devices to use a single, common repository for shared information. Services such as Apple’s forthcoming iCloud at the domestic level, and commonly–used services such as Google’s Google Apps, Salesforce.com and Microsoft’s Office 365 all store your data in their own clouds.</p>
<p>You’d think that this would be done with respect to Data Protection laws. Wrong. If the USA wants your data, the USA gets it. My friends Simon Bisson and Mary Branscombe have the details: regardless of European privacy directives and the UK Data protection act, the <a href="http://www.zdnet.co.uk/blogs/500-words-into-the-future-10014052/its-1-am-do-you-know-where-your-data-is-10023368/">US see the PATRIOT act overriding these</a> for US companies <em>and</em> EU subsidiaries of US companies:</p>
<blockquote><p>That means that US government can (under the auspices of the act) request the data of any individual or company that’s using US-owned or hosted services, no matter where that data is actually being held. It doesn’t matter if you’ve geo-locked your data, and it only resides in European data centres, it can still be requisitioned and taken to the US. Yes, it’s an issue of national security, but when results can be found by machine learning and trawling massive data sets (the larger the better), there’s a temptation for governments to take all they can and more.</p></blockquote>
<p>Undoubtedly this will lead to much hand–wringing in the EU Parliament. However, what can be done? It is unlikely that the USA will give up their powers.</p>
<p>Therefore, the only solution is in the hands of individuals and companies wishing to use cloud services — <strong>only use cloud services from wholly–EU–owned companies hosting your data inside the EU.</strong> While the legal protections you will have in those circumstances are not huge, they are better than none at all.</p>
<p>Oh — an afterthought. How happy do you now feel, if perhaps you have just given a whole heap of your personal information to Google, during the Google Plus sign–up process?</p>
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		<title>Hookway — I was there</title>
		<link>http://alanfleming.org/2011/07/hookway-i-was-there/</link>
		<comments>http://alanfleming.org/2011/07/hookway-i-was-there/#comments</comments>
		<pubDate>Tue, 05 Jul 2011 14:46:59 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Comment]]></category>
		<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=529</guid>
		<description><![CDATA[<p>Back in the middle of may, I had just finished studying my judicial review modules on my law course, and I thought it would be a good use of a free day to head to court to see judicial review in practice. As luck would have it, there was a case listed that day, the [...]]]></description>
			<content:encoded><![CDATA[<p>Back in the middle of may, I had just finished studying my judicial review modules on my law course, and I thought it would be a good use of a free day to head to court to see judicial review in practice. As luck would have it, there was a case listed that day, the 16th May, at Manchester Civil Justice Centre:</p>
<p>R (Chief Constable of Manchester Police) v Salford City Magistrates, case CO/3649/2011</p>
<p><em>Interesting,</em> thought I. There had been a few cases in my notes where a decision of a Magistrates Court had been judicially reviewed, but not any on the behest of the police. I decided to attend.</p>
<p>Of course, this case is now known as <em><a href="http://www.bailii.org/ew/cases/EWHC/Admin/2011/1578.html">Hookway</a></em>. I really couldn’t have chosen a better case to sit in upon, in terms of its repercussions.</p>
<p>The problem highlighted by the case can be summarised pretty quickly. Once the police arrest someone, they only have a certain number of hours to question them before they must be released. That time can be extended, but only to a point. The question is, when a person is released on bail, is the “clock” still running, or has it been paused?<br />
 It has been police practice to assume the latter as long as the current régime, introduced in the <a href="http://www.legislation.gov.uk/ukpga/1984/60/contents">Police and Criminal Evidence Act 1984</a>, has been in force; but the sections in question — 41 to 47 — are remarkably unclear, and in fact make no mention of the clock stopping.</p>
<p>In the court itself, there were eight people. Mr Justice McCombe, the court clerk, one usher, two policemen, one police solicitor, Ms. A Whyte QC, and me. Salford Magistrates and Paul Hookway were not represented.</p>
<p>Everyone in the courtroom that day knew this application was difficult, and that it had consequences. Everyone was fully aware that the repercussions of upholding the lower court’s ruling would be far–reaching. Ms. Whyte QC ably led the court through the complexities of the legislation, pointing out, entirely fairly given that the defendants did not appear, the perspective from both sides of the argument. There was absolutely no previous authority on the question, and only one academic work (which was not on point to the question at hand). The Judge and Ms Whyte slowly and carefully picked their way through the six relevant sections of the act, taking over two hours to do so.</p>
<p>It was hugely interesting to watch these people dissecting the sections of the act in various ways, trying to tease out the precise meaning of the words of the act. Serious people, at a serious task.</p>
<p>Sadly, I was unable to attend the handing–down of the judgment, which happened on Thursday the 19th May. The judgment wasn’t made public until the middle of June — and then, of course, there has been the usual raft of publicity. While there has been <a href="http://www.guardian.co.uk/politics/2011/jun/29/bail-ruling-theresa-may-considers-emergency-legislation">some reasonable coverage</a> in the press, it’s sad to see that coverage descended rapidly in <a href="http://www.bbc.co.uk/news/uk-13957873">the BBC</a> and <a href="http://www.guardian.co.uk/law/2011/jul/02/paedophiles-bail-conditions-lifted">the Guardian</a>.</p>
<p>Today, two developments have occurred. <a href="http://www.supremecourt.gov.uk/news/373.html">The Supreme Court have turned down a request for a stay of the ruling</a>, prior to their hearing an appeal from it on the 25th of July. And on Thursday, the Government are <a href="http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110704/debtext/110704-0001.htm#1107044000002">introducing legislation to overturn the ruling</a>. </p>
<p>While the details of the legislation are yet to be published, it is very likely that they will change the law to how it was believed to be prior to the ruling in <em>Hookway</em>. This may be a missed opportunity. Letters in the Guardian suggest <a href="http://www.guardian.co.uk/uk/2011/jul/03/police-bail-justice-system">police bail can be abused</a>, by the imposition of restrictions during bail. Rather than enact in law a patch to re-establish the status quo, might it be time to take a long look at the legislation surrounding arrest, detention and bail, and re–enact it to get rid of its inconsistencies, lack of clarity, and exploits?</p>
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		<title>Back up your information in Google — Google Takeout</title>
		<link>http://alanfleming.org/2011/06/back-up-your-information-in-google-google-takeout/</link>
		<comments>http://alanfleming.org/2011/06/back-up-your-information-in-google-google-takeout/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 21:46:27 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Technical]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=527</guid>
		<description><![CDATA[<p>Worried about the amount of information you have stored in Google services? Fear not. Just launched today is <a href="https://www.google.com/takeout/?pli=1">Google Takeout</a> — which allows you to take a local backup of (so far, some of) the information stored in several of the Google services.</p> <p>It’s not yet full–featured: it only allows backup from Google Buzz, [...]]]></description>
			<content:encoded><![CDATA[<p>Worried about the amount of information you have stored in Google services? Fear not. Just launched today is <a href="https://www.google.com/takeout/?pli=1">Google Takeout</a> — which allows you to take a local backup of (so far, some of) the information stored in several of the Google services.</p>
<p>It’s not yet full–featured: it only allows backup from Google Buzz, Contact and Circles, Picasa Web Albums and from your Google profile. But the <a href="http://www.dataliberation.org/">Data Liberation Front</a> promise to add the ability to back up other Google services over time.</p>
<p><a href="http://dataliberation.blogspot.com/2011/06/data-liberation-front-delivers-google.html">This is their blog post announcing the service.</a> Remember: backup early, backup often.</p>
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		<title>More on media responsibility and injunctions</title>
		<link>http://alanfleming.org/2011/06/more-on-media-responsibility-and-injunctions/</link>
		<comments>http://alanfleming.org/2011/06/more-on-media-responsibility-and-injunctions/#comments</comments>
		<pubDate>Fri, 24 Jun 2011 11:41:32 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Comment]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=525</guid>
		<description><![CDATA[<p>A month or so ago I wrote an article on here about how <a href="http://alanfleming.org/2011/05/superinjunctions-they-are-the-newspapers-own-fault/">the rise in injunctions granted protecting the identity of the parties was the fault of the tabloids</a>, and it’s good to see that in writing that, I was agreeing with the views of Stephen Sedley, the recently–retired judge of the Court [...]]]></description>
			<content:encoded><![CDATA[<p>A month or so ago I wrote an article on here about how <a href="http://alanfleming.org/2011/05/superinjunctions-they-are-the-newspapers-own-fault/">the rise in injunctions granted protecting the identity of the parties was the fault of the tabloids</a>, and it’s good to see that in writing that, I was agreeing with the views of Stephen Sedley, the recently–retired judge of the Court of Appeal.</p>
<p>In an article in the London Review of Books: <a href="http://www.lrb.co.uk/v33/n12/stephen-sedley/the-goodwin-and-giggs-show">The Goodwin and Giggs Show</a> (which I found via Roy Greenslade’s <a href="http://www.guardian.co.uk/media/greenslade/2011/jun/24/privacy-superinjunctions">blog entry about it</a> in the Guardian) he says: </p>
<blockquote><p>The naming of Goodwin and Giggs is on a different plane from ministerial briefings against judges, inappropriate as these are, because it disrupts the historic equilibrium between the judiciary and the legislature. The media may present themselves as amused spectators, but it is they who have provoked and exploited the breakdown of an element in the democracy they themselves inhabit.</p></blockquote>
<p>A sentiment with which I wholeheartedly agree. And rather than sort out this perfectly obvious elephant in the room, senior politicians spend their time attacking the judges, rather than the media:</p>
<blockquote><p>This is why the issues are large. It can be credibly said that the fourth estate is close to being a state within the state, unregulated except to the modest extent that it chooses to regulate itself and alternately feared and pandered to by public figures.</p></blockquote>
<p>Formal regulation, I’d suggest, is overdue.</p>
<p>Mind you, in the UK at least we have the background of <em>some</em> protection via the right to privacy enshrined via Article 8 of the European Convention on Human Rights. A person whom I follow on twitter re–tweeted <a href="http://twitter.com/#!/TheHiddenPaw/status/84194435834970112">this link</a> to an blog post by popstar and new mum <a href="http://www.pinkspage.com/us/news/important-note-pnk">Pink, complaining about paparazzi</a> trying to grab photos of her new daughter. At least in the UK and Europe that (following the case brought by <a href="http://www.guardian.co.uk/media/2008/may/08/privacy.medialaw">JK Rowling for breach of her son’s privacy</a>) is not allowed.</p>
<p>And in related news to do with the media: <a href="http://www.bbc.co.uk/news/uk-england-13903710">jury discharged before considering whether Levi Belfield abducted Rachel Cowles</a> because of adverse publicity over his conviction of the murder of Milly Dowler. They couldn’t even wait until verdicts were brought in on all charges. The media simply don’t care about justice, or you — it’s all about the story.</p>
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		<title>W223: Company Law — got a distinction!</title>
		<link>http://alanfleming.org/2011/06/w223-company-law-got-a-distinction/</link>
		<comments>http://alanfleming.org/2011/06/w223-company-law-got-a-distinction/#comments</comments>
		<pubDate>Wed, 22 Jun 2011 08:46:46 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Studying]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=523</guid>
		<description><![CDATA[<p>That was unexpected! I got notification yesterday that I’d been awarded a distinction on the Open University law course I did last winter: <a href="http://www3.open.ac.uk/study/undergraduate/course/w223.htm">W223: Company law and practice.</a></p> <p>The distinction was an unexpected pleasure as I thought I was only in 2:1 territory — I didn’t think I had quite the grade average necessary [...]]]></description>
			<content:encoded><![CDATA[<p>That was unexpected! I got notification yesterday that I’d been awarded a distinction on the Open University law course I did last winter: <a href="http://www3.open.ac.uk/study/undergraduate/course/w223.htm">W223: Company law and practice.</a></p>
<p>The distinction was an unexpected pleasure as I thought I was only in 2:1 territory — I didn’t think I had quite the grade average necessary across the marked assignments — the Open University generally requires that your classification for a course will be the <em>lower</em> of your achievement in the final exam / end–of–course assignment, and of the average of your marked assignments throughout the course — though I knew I was only a percentage point or two short.</p>
<p>So, lessons learned from this course:</p>
<ul>
<li>Don’t overly concern yourself if you think you’re one or two percentage points short. Don’t use it as an excuse to drop your standards.</li>
<li>Take time on end–of–course assignments. Everything you need, factually, is there. What can get you the bonus marks is a matter of looking a little further — research the current state of the law and academic comment about the questions at hand. Incorporate these into your answer, and <em>cite every assertion you make.</em></li>
<li>Make sure your bibliography and references are full and accurate: include every paper you read and found to be relevant, even if you didn’t use it. You never know when something has unconsciously slipped through.</li>
<li>And finally, again, take time. Whilst making sure you can submit on time, use the last day for a re-read. Out loud. It’s amazing how many little grammatical slips you can find that way.</li>
</ul>
<p>I enjoyed this course, and didn’t find it a slog at any point. But have to admit I’m very happy with the result.</p>
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		<title>Calculate your Open University degree classification</title>
		<link>http://alanfleming.org/2011/06/calculate-your-open-university-degree-classification/</link>
		<comments>http://alanfleming.org/2011/06/calculate-your-open-university-degree-classification/#comments</comments>
		<pubDate>Tue, 21 Jun 2011 21:21:52 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Studying]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=521</guid>
		<description><![CDATA[<p>I have just found this and though it worth a mention and link: Cleveret’s <a href="http://cleveret.net/?page_id=29">Open University Degree Class Calculator</a>. It seems to do all the hard work correctly, including calculating the quality assurance scores.</p> <p>Very useful if you want to work out what grades you need — therefore also what averages you’ll need to [...]]]></description>
			<content:encoded><![CDATA[<p>I have just found this and though it worth a mention and link: Cleveret’s <a href="http://cleveret.net/?page_id=29">Open University Degree Class Calculator</a>. It seems to do all the hard work correctly, including calculating the quality assurance scores.</p>
<p>Very useful if you want to work out what grades you need — therefore also what averages you’ll need to achieve in your course work over the course of the year. Accurately knowing the target you need to hit is pretty much essential, I think.</p>
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		<title>Writing the assignment answer you want to</title>
		<link>http://alanfleming.org/2011/06/writing-the-assignment-answer-you-want-to/</link>
		<comments>http://alanfleming.org/2011/06/writing-the-assignment-answer-you-want-to/#comments</comments>
		<pubDate>Sun, 19 Jun 2011 15:08:31 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Studying]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=518</guid>
		<description><![CDATA[<p>I’m back on the marked assignments again — I’m around a week ahead of schedule, which is good. Like the last one, this one too is one of tight word–counts: 800 for each of two questions.</p> <p>I have written 932 words for one of the questions, and I am around 250 from finishing. I’m also [...]]]></description>
			<content:encoded><![CDATA[<p>I’m back on the marked assignments again — I’m around a week ahead of schedule, which is good. Like the last one, this one too is one of tight word–counts: 800 for each of two questions.</p>
<p>I have written 932 words for one of the questions, and I am around 250 from finishing. I’m also finding it the easiest question I’ve attempted in ages.</p>
<p>Normally, when answering assignment questions, I spend more time worrying about the structure and the editing than getting the content down on paper. Working out what I <em>need</em> to say from what I <em>want</em> to say is a process that can drive me into paralysis. This time, I’m just not caring. Separating the writing phase and the editing phase turns out to allow me to write the answer I want to, then edit it into the answer that’s actually needed for submission to my tutor.</p>
<p>This isn’t a technique that will necessarily work well in exam conditions, however the technique of writing an answer plan first is similar, if in reverse. But I am going to continue to use it for the rest of my assignments, to see if it is a method to get around the paralysis I often feel when writing — what my friend <a href="https://twitter.com/#!/simon_pride">Simon Pride</a> described as my “inner censor”. I hope it does.</p>
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		<title>BAILII needs help</title>
		<link>http://alanfleming.org/2011/06/bailii-needs-help/</link>
		<comments>http://alanfleming.org/2011/06/bailii-needs-help/#comments</comments>
		<pubDate>Wed, 15 Jun 2011 07:19:24 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Comment]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=516</guid>
		<description><![CDATA[<p>My road toward the law has been long and not direct — but one web site in particular kept my interest when I wasn’t sure what I wanted to do. Given my science background and near–obsessive need for information, you may not be surprised that the site is <a href="http://www.bailii.org/">BAILII</a>.</p> <p>BAILII is a database of [...]]]></description>
			<content:encoded><![CDATA[<p>My road toward the law has been long and not direct — but one web site in particular kept my interest when I wasn’t sure what I wanted to do. Given my science background and near–obsessive need for information, you may not be surprised that the site is <a href="http://www.bailii.org/">BAILII</a>.</p>
<p>BAILII is a database of case law. It contains <a href="http://www.bailii.org/recent-decisions.html">recent decisions</a> for the full range of courts and tribunals across the UK, historic decisions, and decisions from other jurisdictions. It is free to access, and the best way in the UK for the lay person to access case law, giving the ability to inform themselves about things like legal matters in the press, but more importantly giving the ability to research and arm themselves in situations where there can be little other help — a dispute with a public body, or an employer, for example.</p>
<p>Running BAILII is naturally not free. <a href="http:/www.bailii.org/bailii/appealdetails.html">While a number of firms have made commitments to funding</a>, more is required to guarantee the continuing survival of what, to me, is an essential service. Frankly, I think it should be a publicly–funded service, but that is not likely in this day and age.</p>
<p>If, like me, you believe this service should continue, please consider <a href="http://www.bailii.org/bailii/donate.html">donating to BAILII</a>. It is a charity, donations are managed via the Charities Aid Foundation, and are gift-aidable (please do that if you can, it means an extra 25% to them).</p>
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		<title>News from the Florida Justice System</title>
		<link>http://alanfleming.org/2011/06/news-from-the-florida-justice-system/</link>
		<comments>http://alanfleming.org/2011/06/news-from-the-florida-justice-system/#comments</comments>
		<pubDate>Tue, 14 Jun 2011 10:47:07 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Comment]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=514</guid>
		<description><![CDATA[<p>A man who killed two British tourists in Florida will not go to jail — even though he fled the scene and lied to the police. <a href="http://www.chicagobreakingnews.com/news/local/ct-met-levin-hit-and-run-2-20110603,0,7039906.story?page=1">Ryan LeVin paid an undisclosed amount</a> to the widows of those he killed, and will serve two years house arrest.</p> <p>The offences’ sentencing guidelines call for up for [...]]]></description>
			<content:encoded><![CDATA[<p>A man who killed two British tourists in Florida will not go to jail — even though he fled the scene and lied to the police. <a href="http://www.chicagobreakingnews.com/news/local/ct-met-levin-hit-and-run-2-20110603,0,7039906.story?page=1">Ryan LeVin paid an undisclosed amount</a> to the widows of those he killed, and will serve two years house arrest.</p>
<p>The offences’ sentencing guidelines call for up for 45 years’ imprisonment.</p>
<p><a href="http://www.sun-sentinel.com/news/columnists/fl-levin-sentence-mayocol-b060711-20110606,0,304445.column?page=2">His lawyer was the Judge’s deputy campaign treasurer.</a></p>
<p>For all people complain about the UK justice system, I’m glad that it’s pretty much as it is.</p>
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		<title>Review: OU W201 Units 11–13 — Judicial Review</title>
		<link>http://alanfleming.org/2011/06/review-ou-w201-units-11-13-judicial-review/</link>
		<comments>http://alanfleming.org/2011/06/review-ou-w201-units-11-13-judicial-review/#comments</comments>
		<pubDate>Tue, 14 Jun 2011 10:33:23 +0000</pubDate>
		<dc:creator>Alan Fleming</dc:creator>
				<category><![CDATA[Studying]]></category>

		<guid isPermaLink="false">http://alanfleming.org/?p=512</guid>
		<description><![CDATA[<p>My goodness, this unit has had some work done to it recently, and it shows, both in good and bad ways. </p> <p>Good stuff: very useful full-page graphs of the constituent parts of a claim for Judicial Review. In the main — a good structure; leading through in stages from a general overview of the [...]]]></description>
			<content:encoded><![CDATA[<p>My goodness, this unit has had some work done to it recently, and it shows, both in good and bad ways. </p>
<p>Good stuff: very useful full-page graphs of the constituent parts of a claim for Judicial Review. In the main — a good structure; leading through in stages from a general overview of the nature and constitutional basis for review, through availability, claims and remedies, unavailability, and grounds of challenge. In the main, the units were well laid-out and pretty clear.</p>
<p>Bad stuff: Ouch! It’s clearly a work in progress. There are changes in emphasis between sections, and some parts (seven pages on the Exclusivity Rule) seem to be given greater prominence than appears to be necessary. Worse though — there are hanging sentences in places. It has clearly been a rush job, getting it ready for this year, and that has led to mistakes.</p>
<p>In saying that, it was an interesting unit to study. Judicial Review is a matter that is not well-understood by many people, not helped by the press. And the unit gave a good broad understanding of what it is, why it is necessary and how it works.</p>
<p>The assignment for the unit was particularly interesting. As well as covering assimilation and understanding of what had been studied, it imposed an incredibly strict word count; no doubt in order to teach conciseness. Three questions: 600, 600 and 1000. I submitted at 598, 598 and 1000 — and I had written approximately one and a half times that, and edited it down. Perhaps it was a little too strict — if I had around fifty words more in each section, I wouldn’t have needed to spend an hour and a half rewording individual sentences — to the point of changing tense to save three words — to get under word count. There is a fine line between learning the lesson being taught, and wasting time as the lesson is enforced. This perhaps stepped past that line.</p>
<p>That’s the end of the civil part of the course. Now we move onto the criminal law. Halfway through the course already? Time is flying!</p>
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