A-level Law. LAW01 / Unit 1 Law Making and the Legal System Report on the Examination. (2160) June Version: 01

Transcription

1 A-level Law LAW01 / Unit 1 Law Making and the Legal System Report on the Examination (2160) June 2013 Version: 01

2 Further copies of this Report are available from aqa.org.uk Copyright 2013 AQA and its licensors. All rights reserved. AQA retains the copyright on all its publications. However, registered schools/colleges for AQA are permitted to copy material from this booklet for their own internal use, with the following important exception: AQA cannot give permission to schools/colleges to photocopy any material that is acknowledged to a third party even for internal use within the centre.

3 Unit 1 (LAW01) June 2013 General The standard of answers was generally high. The majority of students were well prepared and straightforward questions produced accurate and quite detailed responses. This was particularly true of the delegated legislation topic. Questions that did not follow exactly traditional patterns and which challenged students, were not so well answered. This was particularly evident in questions 01, 11 and 16. This observation may reflect the fact that students are generally thorough in learning material they expect to be relevant and therefore they practise and prepare standard questions for the exam. However, they are less ready, or able, to adapt to unexpected questions. As always, the best responses to evaluative questions showed evidence of real understanding, supported by evidence, rather than repeating learned material. SECTION A PARLIAMENTARY LAW MAKING Question 01 This question required an outline of the law-making process in the House of Lords and of the doctrine of Parliamentary supremacy (or sovereignty). Coverage of the process in the House of Lords could have included reference to how bills are introduced by the responsible minister or promoter, the order of readings and the general amending role of the Lords. Credit was given to reference to different forms of bills such as Private, Public and Private Members Bills. Credit was also given where students made reference to the constitutional role of Queen in Parliament and the effect of the Royal Assent bringing a Bill into force. Possible reference to the effect of the Parliament Acts 1911 and 1949 was also credited. For Parliamentary supremacy (otherwise known as sovereignty) it was necessary for students to refer to legal supremacy being the highest form of law. Further that this must be applied by judges and that Parliament is not able to bind its successors. Credit was also given to students reference to political sovereignty in that the electorate can vote a Parliament out at the next election. The response to the first part of the question was generally disappointing. Many students considered the question was concerned with the House of Commons. Relatively few students mentioned any features that were distinctive about the procedure in the House of Lords. For example, the committee stage is usually undertaken by the whole House as compared to a small number of interested MPs in the Commons. Very few students referred to the introduction of the Bill and who would pilot it through. Stronger answers were, however, aware of the relationship between Lords and Commons. Such students commented on the amending role of the Lords and the ways in which conflicts between the Houses might be resolved. Most students displayed some understanding of Parliamentary supremacy. However some went on to consider limitations in detail, which could not be credited. The key to receiving high marks 3of 17

4 required an outline of the elements which ensured supremacy. Although this did not need to be detailed, it did need to be accurate. Weaker answers considered the supremacy of the Commons over the Lords for this part of the question. Question 02 This question required a description of pressure groups as an influence on parliament. It could include the general description of the meaning of pressure groups, including reference to the different types of group (insider and outsider, sectional and cause groups), how, when and whom they can influence and the effect of influence on parliament. Stronger answers made reference to campaigns or gave example(s) carried out by pressure groups such as Snowdrop or more commonly Fathers4Justice. This question was generally well answered. Many students described the different types of pressure groups with examples and outline ways in which they try and influence legislation. Stronger answers gave examples of successful pressure group campaigns such as the League against Cruel Sports leading to the passing of the Hunting Act 2004 and Jamie Oliver s campaign leading to a change in school eating habits. The strongest answers were able to distinguish between different groups such as insider groups, with direct access to law makers, and those who, for various reasons, have relatively little influence. Weaker answers tended to describe pressure groups generally, with limited examples of specific campaigns or who, or how, they can influence. Question 03 This question required a brief discussion of advantages and disadvantages of pressure groups as an influence on parliament. For advantages the following points could have been considered: pressure groups can raise public awareness of an issue and keep Parliament or MPs in touch with issues of public concern many pressure groups are non-political but can influence all political parties they can have great expertise and knowledge on their issue for some groups, such as the National Trust or the TUC, the size of their membership means they can be representative of the general public and be more influential as they will have large budgets and be able to afford media campaigns that some groups can provide international experience and contacts that insider groups are likely to have the ear of decision makers and can be consulted on proposed changes and, are likely to be successful, especially if they have media support. For disadvantages, the following points could have been included: that pressure groups may be undemocratic as their leaders are unlikely to be elected by their membership they are not likely to be objective as they focus on a single issue that outsider groups may use undesirable or illegal tactics to get publicity and to promote their view and are less likely to be consulted or to be able to influence decision makers that certain groups can represent only a small number of members and have limited funds, and are less likely to be successful if they cannot gather media support for their issue. 4of 17

5 Most students were able to offer some valid arguments. However at times, these were simplistic, with little development or not supported with examples. Better answers considered a point as an advantage as well as a disadvantage. For example, pressure groups could be beneficial as they can articulate public concerns and make politicians aware of public feeling. On the other hand, it could be argued that because of methods used by some groups, or publicity gained, a relatively small and unrepresentative group might acquire a disproportionate influence. DELEGATED LEGISLATION Question 04 Students were required to briefly describe two forms of delegated legislation. These forms of delegated legislation could be chosen from by-laws, orders in council or statutory instruments. There was no merit in choosing one form over another. If choosing by-laws, answers could have considered that they are made by a local authority and/or other bodies, and that they require the authority of an enabling Act or government minister. Stronger answers included examples made by local authorities and other bodies such as transport companies. If choosing Orders in Council, students could have considered that they are made by the Privy Council, they can make laws when Parliament is not sitting or in emergencies, they can dissolve Parliament or reorganise responsibility of government departments. Stronger answers included examples of different forms of Orders in Council. If choosing statutory instruments answers could have considered that they are laws made by government ministers with delegated powers under the authority of primary legislation, an enabling Act. Stronger answers were able to include examples of different forms of statutory instruments. Credit was also given to reference to the fact that Ministers may be required to consult before making such legislation, that they have to be laid before Parliament and that often they can be in the form of commencement orders for Acts of Parliament. There were many excellent responses which achieved full marks. Stronger answers were clear on the description of the form of delegated legislation, how it is made and the main uses of it, and were able to give specific examples. When describing by-laws most answers were able to describe the role of local authorities and companies and give examples of the types of local laws that could be made. Orders in Council were generally well described, though weaker answers could be quite broad. Many answers gave the example of the change in status of cannabis, which was often described as an emergency measure. This example probably does not describe the major thrust of the use of Orders in Councils. The description of Statutory Instruments often lacked breadth, and answers tended to concentrate on such legislation adding details to an Act. The Minimum Wage Regulations were often accurately used as an example. Frequently, as has been mentioned in previous reports, a good number of students considered that an Act of Parliament, such as the Dogs (Fouling of Land) Act (now repealed) or the Minimum Wage Act was the piece of delegated legislation. Schools and colleges should be encouraging 5of 17

6 their students to understand that by-laws or regulations made under the authority of parent Acts such as these, are the pieces of delegated legislation. Question 05 This question required a description of judicial controls on delegated legislation and could have included: judicial review can be claimed on grounds of procedural ultra vires, for example the imposition of a tax, or lack of consultation. A commonly seen example for this ground was the Aylesbury Mushrooms case [1972] judicial review can be claimed on grounds of substantive ultra vires. A common example quoted was Attorney General v Fulham Corporation (1921) judicial review can be claimed on grounds of unreasonableness. A common example seen was R v Swindon NHS Trust (Rogers)(2006) judicial review can be claimed on grounds of the delegated legislation is in conflict with EU law. This question was also answered well by many students, though there were still a number of answers that contained, in whole or in part, reference to parliamentary controls. Stronger answers accurately described the judicial review process and made reference to different types of ultra vires with detailed case examples. Weaker answers tended to describe some of the forms of review but included few or inaccurate examples. There were a limited number of answers which referred to possible remedies for successful judicial review claims. Question 06 This question required a discussion of advantages of delegated legislation and could have included the following: that delegated legislation can be made quickly because it does not have to go through either or both houses of parliament and can be used in case of emergency that often it is made for technical reasons to fill in the gaps in primary legislation and experts can be consulted for specific detail that it is flexible as different rules, such as by-laws, can be introduced in different local areas as required by local need, or to deal with specific issues that statutory instruments can complete the detail of a framework Act, or deal with regular amendments, such as the change in the annual amounts of the minimum wage that some form of control is possible by either Parliament in the affirmative or negative resolution procedures, or by the judiciary, such as by judicial review that some form of democracy involved, as by-laws are made by local politicians and statutory instruments are made by, or in the name of, elected ministers. Students who had answered the previous questions on this topic well, usually had little difficulty with this question. There were many responses which outlined several advantages and supported 6of 17

7 their arguments with appropriate evidence. Weaker answers tended to make points with less discussion or (less accurate use of) examples. STATUTORY INTERPRETATION Question 07 This question required an outline of either internal or intrinsic aids to interpretation and of external or extrinsic aids to interpretation. The outline of internal aids could have included reference to long and short titles of the Act, the preamble, any definitions, the interpretation section, or any schedule. External aids could include any authorised dictionary of the year the Act was passed, any external treaty entered into by the UK, such as the Treaty of Rome if the relevant word is defined there, a report (such as a Law Commission report) on which the Act is based, if the word is included in the Interpretation Act 1978 such as he includes she or if the word has been discussed in a parliamentary debate and included in a Hansard report. Most students who attempted this question were able to identify appropriate examples of both internal and external aids. Stronger responses were able to refer to specific case examples, particularly for external aids. Cheeseman v DPP [1990], Vaughan v Vaughan [1973] and Pepper v Hart [1973] were the most frequently cited cases. Schools and colleges should note that the question referred to aids in the plural and therefore an answer which dealt with just one aid, for example the use of Hansard, could not receive the highest marks. Question 08 In this question students were required to describe the literal rule of statutory interpretation. This could have included reference to judges giving words their ordinary natural (Oxford English) dictionary meaning, even if this results in an absurdity. This description required a case example(s) to illustrate the operation of the rule. Cases that could have been used included Whiteley v Chappell [1868], or Fisher v Bell [1960], or Cheeseman v DPP [1990], or LNER v Berriman [1946]. This question was generally well answered, with most students able to describe the rule and refer to at least one relevant case example. The strongest responses were those that showed clearly how the case example illustrated the application of the rule. Weaker responses tended to identify a case example or set out the facts of the case without showing its relevance to the rule. Question 09 This question required students to briefly discuss advantages and disadvantages of the literal rule. A discussion of advantages could include the following: judges are applying the will of parliament, and the rule is democratic as unelected judges are not making law, merely applying law passed by Parliament it is predictable as the same meaning is given every time a word is used in an Act the result is certain so lawyers can advise their clients on the likely outcome 7of 17

8 A discussion of disadvantages could include the following: the rule is rigid. Judges have no discretion so, if a bad precedent or absurd result is made, judges cannot provide justice in individual cases. A clear example of this is the Berriman case the rule cannot be used if the words to be interpreted are not in an Act or if the words can have more than one meaning the rule assumes that the Act is perfectly written there may become the need for Parliament to rectify an error following the decision in a case such as in Fisher v Bell there is an assumption that Parliament meant the result which the rule achieves Students who were able to describe the rule accurately were, generally, also able to effectively discuss the advantages and disadvantages. For advantages, most answers identified respecting the authority of Parliament and achieving certainty and predictability as strengths of the rule. When considering disadvantages, stronger responses used case examples such as Whiteley v Chappel, Cheeseman and Berriman to illustrate the argument that the use of the rule results in absurd or unfair or undesirable outcomes. Many answers also referred to the issue of conflict with parliamentary supremacy and separation of powers. In many weaker answers the issue was only hinted at, without being fully discussed. JUDICIAL PRECEDENT Question 10 In this question students were required to outline the meaning of obiter dicta and to briefly describe the relevance of law reports. An outline of obiter dicta could include reference to it being other things said by the way in a judgment (as distinct from the ratio); it is the non-binding part of the decision which does not have to be followed by other judges; and may be persuasive in later cases. The relevance of law reports could have considered the need for reporting to publicise judgements; being statements of law for lawyers and judges to be used as precedent in later cases; that they are accurate and authorised records of the reasons for the decision and that they are written by specialist lawyers. The brief description could have been supported by identifying examples of law reports such as the Weekly Law Reports or the All England Law Reports. This was a question that required precision rather than a wide ranging answer. However, many students, having learned about hierarchy of the courts and ratio decidendi, could not resist including descriptions of these as well as obiter and law reporting, even though this additional material could not be credited. Stronger answers were able to score high marks with concise, but accurate, information. These answers were able to illustrate the meaning of obiter through cases such as Howe (1987) and Gotts, Brown and Wilson [1996] and DPP v Smith [1961]. Question 11 In this question, students were asked to describe how judges can avoid following a precedent when sitting in the Supreme Court. This could have included a description of using the 1966 Practice Direction; alternatively using their powers to overrule, or distinguish a previous precedent. 8of 17

9 Credit was also given for reference to disapproving, or any other method of avoiding precedent. It should be noted that reversing a precedent is not within the specification. However, where an answer referred to reversing in the context of overruling, or otherwise avoiding a previous decision, credit was awarded. This question required a specific description of the powers of the Supreme Court only to avoid precedent. Well-prepared students tackled this question quite well and were able to refer to relevant cases to illustrate the use of the Practice Direction. Herrington [1972], Anderton v Ryan [1985] and Shivpuri [1986] were often seen and occasionally reference was made to Hoare. When specifically referring to overruling, and particularly distinguishing, answers tended to be on less secure ground. Descriptions of the power of the Supreme Court to overrule decisions in the Court of Appeal, or lower courts, were usually appropriate, and limited case illustration was included. Descriptions of distinguishing tended to be brief, but then many answers included lengthy reference to Court of Appeal cases such as Merritt [1970] and Balfour [1919] and Wilson [1996]. In these instances credit was given for the description but only limited credit for the illustration. Possible Supreme Court cases that could be used to illustrate distinguishing are Wilsher and Fairchild [2002] which both concerned personal injury claims which could have been attributed to more than one cause. A limited number of answers described aspects of disapproving and/or reversing, though seldom in the context of avoiding a previous decision. Question 12 In this question students were required to briefly discuss advantages and disadvantages of judicial precedent. A discussion of advantages could include the following: its flexibility to deal with new situations as they arise, or updating out-of-date rules as in R v R [1991] and/or Herrington [1972] dealing with real, as opposed to theoretical, cases providing detailed rules through law reports for later cases the system is just, as judges are impartial and base their decisions on accepted legal rules it is authoritative, especially in decisions made by the Supreme Court and Court of Appeal due to the numbers of judges hearing a case and their experience. A discussion of disadvantages could include the following: the undemocratic nature of precedent, as judges role is said to be applying law passed by Parliament rather than making law themselves in order to make precedent there is need for a case to come to court, especially to the higher courts. Whether a case reaches the higher courts may be a lottery based on lawyer s advice and funding issues in some cases each appeal judge may give a different reason for their decision which may result in difficulty for later judges or lawyers identifying the ratio of a decision the number of precedents made over the years and the possible difficulty of finding an authoritative law report. There were many good answers to this question which accurately discussed appropriate advantages and disadvantages and supported the discussion with relevant cases. Other answers 9of 17

10 showed knowledge of advantages and disadvantages, but were unable to support a point beyond the use of a single case; R v R [1991] was especially used for a variety of points. Weaker responses tended to focus on issues such as sentencing and to see the strengths and weaknesses of precedent in terms of whether people would get fair sentences. These responses were rarely convincing. 10 of 17

11 SECTION B THE CIVIL COURTS AND OTHER FORMS OF DISPUTE RESOLUTION Question 13 In this question students were required to briefly explain any two methods of alternative dispute resolution from a choice of negotiation, mediation and conciliation. For negotiation the explanation could have included: who carries out the negotiation could it be the parties, their lawyers or unqualified representatives on their behalf? possible forms of negotiation whether face to face, using telephone, or conference calls or a combination of methods? the types of dispute that can be dealt with the process for example continued talking or contact until a resolution is made or fails that a successful outcome is an agreement which can be enforced, if agreed in court that, again if the parties agree, any agreement is final, which means there is no future appeal. For mediation the explanation could have included: the process can arise through an agreement between the parties or due to legal requirement, as with family disputes the mediator will be qualified in mediation and possibly in the field of the dispute that commercial or family disputes can be settled using this method the process is the mediator passing messages between the parties until they reach an agreement between themselves an outcome can be an enforceable agreement with no appeal rights. For conciliation the explanation could have included: a qualified conciliator is likely to conduct the resolution process. Often ACAS can be involved the process involves the conciliator passing messages between the parties and advising the parties on their respective positions, so in this way it is different from mediation type of cases dealt with are likely to be in the field of employment or commercial matters an outcome is likely to be a binding agreement with no possibility of appeal. Most responses identified the key aspects of the methods chosen, though a few students were confused. This was often evident between mediation and conciliation. Occasionally features of arbitration and tribunals were incorrectly included. 11 of 17

12 Question 14 In this question students were required to describe dispute resolution by tribunals which could have included: the qualification of panel how tribunals can come about statutory or disciplinary, and examples of cases heard by each the nature of hearings where evidence may be given on oath and there is possible use of lawyers or other representatives the outcome will be a legally enforceable award following reasons being given for the decision there is a possible right of appeal based on legal reasons. There were some excellent responses to this question which covered the structure of the tribunal system, the different types of tribunal, the way in which tribunals operate and possible outcomes. Weaker responses appeared to confuse the system of tribunals with more informal types of ADR or with the operation of civil and or/criminal courts. Question 15 In this question students were required to briefly discuss advantages and disadvantages of dispute resolution by tribunals. The discussion of advantages could have included: expertise of panel a qualified lawyer or judge will be in charge of proceedings that legal reasons for decisions are given and recorded the lower cost compared with courts, perhaps because of greater informality of hearings and a lesser need for legal representation as compared to courts their speed compared to courts that they provide a possible public forum for airing a dispute, as compared with negotiation, mediation or conciliation. The discussion of disadvantages could have included: possible influence of the legally qualified chair over the other panel members the cost of a tribunal hearing due to the requirement of payment of an initial fee; and the need to pay for lawyers. There is also a lack of public (state) funding. This may lead to an imbalance between the parties where one party can afford a lawyer and the other cannot. the hearings are formal compared with other methods of ADR an appeal is only available against legal reasons for a decision. Further, there are potentially high costs of taking an appeal as lawyers are likely to be required hearings, and appeals, may be reported, which may lead to adverse publicity. Answers to this question were often briefer and less convincing than evaluative answers on other topics. Many students did not appear to use the knowledge they had shown in their answer to the previous question. For example, it was often asserted that use of tribunals is free or that panel members are not experts and would not understand the case, even if the opposite had been stated in the previous answer. Also, it was often stated that there would be rising costs if no solution 12 of 17

13 could be found and the case would have to go to court anyway. Of course, a tribunal, like a court, will have to make a final decision. THE CRIMINAL COURTS AND LAY PEOPLE Question 16 In this question students were required to describe the role of lay magistrates when dealing with an either-way offence such as actual bodily harm which could have included: in pre-trial matters such as a plea before venue, the power to commit (send) for trial to the Crown Court, a pre-trial review if the offence to be tried summarily a decision on bail or custody if the case is adjourned for any reason in trials as a summary offence where they hear evidence as a bench of three, deciding guilt or innocence post-trial deciding sentence with reference to maximum sentencing powers. Alternatively their power to commit a case to the Crown Court for sentence if they feel their powers are insufficient. Many students appeared to be confused about the requirements of this question and answers often contained much irrelevant material, particularly about the wider role of magistrates. For example, issuing search and arrest warrants or hearing youth or family cases. The question required a focus on a particular type of offence, but many responses dealt generally with how magistrates decide cases, rather than talking specifically about either way cases. Few responses referred to the difference between summary and either-way offences, the element of choice given to the defendant in deciding the court that the case would be tried in, or the ability of magistrates to refer the case upwards. However, many answers were clearer on magistrates ability to refer a case upwards if they considered their sentencing powers insufficient. Question 17 In this question students were required to describe how jurors qualify and are selected for service for a Crown Court trial which could have included: for qualification the age limits of jurors, that they have to be on the electoral register and residence requirements reasons for not qualifying such as disqualification, deferral, excusal, or other good reason for not serving selection this included the initial random selection by Central Summoning Bureau. Then, at court there are further selections in the jury waiting room and in court, followed by the swearing in. Challenging individual jurors or the whole panel and vetting was credited. By contrast to the previous question, this question presented most students with few problems and there were many good responses covering all aspects of qualification and selection. Selection of the jury panel at court, for some students, received limited coverage. However, for a good number, this aspect was covered well together with possible challenges and vetting. 13 of 17

14 Question 18 In this question students were required to discuss either: advantages of using lay magistrates in the criminal justice system, or advantages of using jurors in the criminal justice system. A discussion of advantages of lay magistrates could have included: the general public confidence in trial by peers which is long established and the reduction of professional involvement that it considered the fairest form of justice due to the open nature of the trial limited number of appeals from magistrates decisions the cost compared to judge only trials. A discussion of advantages of jurors could have included: the general public confidence in trial by peers which is long established and there is a reduction of professional involvement that it considered the fairest form of justice due to the open nature of the trial jury equity. Most responses identified relevant advantages of either lay magistrates or juries, though a few were confused about which advantages applied to magistrates and which applied to juries. It appeared that, for some students, this was the last question to be written and therefore in some answers only brief comments were made. Some stronger answers on juries used cases, normally used for disadvantages, such as Ponting (1984), Kronlid, and Owen as producing fair outcomes and therefore being an advantage of the jury system. Weaker responses tended to make points with limited supporting evidence. THE LEGAL PROFESSION AND OTHER SOURCES OF ADVICE AND FUNDING This topic was not generally popular but for well-prepared students it was possible to score high marks on all questions Question 19 In this question students were asked to describe how a person is trained and qualifies to become a barrister. This description could have included reference to academic training in that the Bar is a degree entry profession; there is the need to study the CPE/GDL for non-law degree entrants, and the final academic stage of the BVC/BPTC. The qualifying process includes enrolling with the Bar Council and Inns of Court, residential training weekends (which is the replacement for dining), pupillage and final call to the Bar. Credit was also given for reference to finding a place in chambers. On the whole, answers to this question were good, with nearly all students clear about the specific and current elements applying to the training and qualification of barristers. The strongest answers were able to describe the requirements of the academic courses and what is covered in pupillage. 14 of 17

15 Question 20 In this question students were asked to briefly explain where a person who is injured in an accident, could obtain legal advice and representation in order to sue for damages, and to outline how this could be paid for. Possible sources of advice and representation could include: legal sources such as solicitors or barristers and through the Community Legal Service. non-legal sources, such as CAB, claims companies, research on the internet, by being a member of a trade union or motoring organisation or from paying for insurance cover. An outline of how such a claim could be paid for could include reference to: legal Help and/or Legal Aid (Representation) in certain very limited cases now private funding using no win no fee conditional fee arrangements via an insurance policy or union membership or membership of an organisation such as the AA or RAC. Responses to this question varied. Some were of poor quality and often lacked structure so that it was hard to distinguish between the points related to obtaining advice and representation and the points related to funding. Some confused civil and criminal advice and funding, especially reference to state funding. Stronger answers were able to suggest several sources of advice and of funding. These answers tended to show good awareness of how no win no fee arrangements work. Question 21 In this question students were required to briefly discuss advantages and disadvantages of the methods of obtaining funding for advice and representation in civil cases. The discussion of advantages could have included: for those of very limited means or who are suffering from a disability that legal help provides a source of advice or funding of any court action no win no fee arrangements allow claims from those who could not afford court action or would not qualify for legal aid funding provided by insurance companies, motoring organisations or unions benefit their members private funding allows a choice of legal representative. A discussion of disadvantages could have included: the general expense, particularly if a court action has to be undertaken there is now very limited availability of state funding the cost of obtaining after the event insurance policies which are required for no win no fee cases. Also lawyers tend to impose a threshold test for the likelihood of success of no win no fee cases 15 of 17

16 insurance or union funding is only available to members of the company or union who may impose certain conditions before funding the claim. Weaker answers tended to be rather general and a little simplistic in their discussion. Stronger answers were able to discuss several points accurately and in detail. THE JUDICIARY This topic was not generally popular and few answers were seen. For weaker students answers tended to be brief with little accurate content. For well-prepared students it was possible to demonstrate a good level of knowledge and score high marks on all questions. Question 22 In this question students were required to describe the work of a judge in a civil claim for damages. This could include: pre-trial matters and dealing with issues such as tracking and acting as trial manager and imposing deadlines for future hearings trial issues such as reading and hearing evidence and legal submissions, ruling on legal issues during the trial, deciding liability, deciding compensation and the award of any costs. Credit could also be given for reference to availability of remedies other than damages and the availability of trial judges, and their role, in appeals. Stronger students had little difficulty describing both aspects of a judge s work. Weaker students tended to show little knowledge and/or confuse the work of judges in civil and criminal courts Question 23 In this question students were required to describe how judges are selected and appointed. This could include points such as: in their selection eligibility requirements, that advertisements are placed for vacant posts, to which a prospective judge has to make an application. Following this there may be testing of qualities and knowledge. Applicants will then be referred to the Judicial Appointments Commission (JAC) for final approval. for appointment for inferior level judges the appointment is made by the Minister of Justice and Lord Chancellor after recommendation by JAC. For superior level judge s appointment is by the Queen after recommendation by JAC. Credit was given for reference to swearing in ceremonies and to the choice of appeal level judges when a vacancy arises. Stronger students had little difficulty describing both aspects of judge s selection. Weaker students tended to show little knowledge and/or confuse the work of inferior and superior level judges. 16 of 17

17 Question 24 In this question students were required to briefly discuss advantages and disadvantages of the selection and appointment process for judges. Discussion of advantages could include points such as: the legal knowledge of appointees who would also have knowledge of court rules and procedure selection methods provide a choice of the best applicants the independence of JAC. Discussion of disadvantages could include points such as: the best lawyers may not apply. Further there is generally a predominance of barristers applying and being appointed over other lawyers. as a result of the previous point the judiciary tends not to be representative of sexual/racial/educational mix of the country judges may not be experienced or knowledgeable in areas of law they are required to deal with in court there can be limited training given for appointees. Stronger students were able to use descriptive material from the previous question to discuss some relevant advantages and disadvantages. Weaker students tended to show little knowledge and/or make very general points. Mark Ranges and Award of Grades Grade boundaries and cumulative percentage grades are available on the Results Statistics page of the AQA Website. Converting Marks into UMS marks Convert raw marks into Uniform Mark Scale (UMS) marks by using the link below. UMS conversion calculator 17 of 17