AS LAW REVISION BOOKLET

Transcription

1 AS LAW REVISION BOOKLET Exam Survival Guide Law Unit: Unit 2 The Concept of Liability Name:.. FFT: Expectations: You will be given specific tasks at different times, not necessarily in the order shown. You will be expected to bring your revision booklet to every lesson and after school sessions as you will be using it! You must keep your booklet neat and tidy as this is your survival guide to getting through the exams. You must work independently to complete tasks set. Activity Revision Tasks Tick 1 Complete the table of cases for the offences that you have studied 2 Practise exam questions work your way steadily through the exam questions to develop your exam technique. 3 Review your exam questions identifying where you have used PEA and what were your strengths and areas for improvements 4 Complete overviews of each offence in the templates provided.

2 Specification at a glance: Section A Introduction to Criminal Liability Actus reus: voluntary acts and omissions; causation. Mens rea: intention and subjective recklessness; transferred malice; coincidence of actus reus and mens rea. Underlying principles of Criminal Liability Concepts of actus reus and mens rea in the context of non-fatal Offences. Common assault: assault and battery. Offences Against the Person Act 1861: actual bodily harm; wounding and grievous bodily harm; wounding and grievous bodily harm with intent. Strict liability, including areas of application, and reasons for its imposition. Outline of Criminal Courts: Magistrates and Crown. The Courts: Procedure and Sentencing Classification of offences: summary; indictable (triable either way and indictable only) explored in the context of non-fatal offences. Outline procedure to trial: bail, plea and sending for trial. Outline of burden and standard of proof. Sentencing: outline of aims of sentencing; outline of sentences available for adult offenders; outline of aggravating and mitigating factors in sentencing. Section B Introduction to Tort Liability in negligence for physical injury to people and damage to property. Liability in Negligence Duty of care: neighbour principle; Caparo three-part test. Breach of duty: concept of the reasonable man; risk factors, including characteristics of the defendant and claimant, magnitude of risk, practicality of precautions, social utility of the risk. Damage: factual causation and legal causation (remoteness of damage). Outline of Civil Courts: County Court, High Court. The Courts: Procedure and Damages Outline procedure to Trial: claim form; opportunities for Alternative Dispute Resolution (ADR); case management; three tracks. Outline of burden and standard of proof, including res ipsa loquitur. Outline of compensatory damages: compensation for personal injuries and property; mitigation of loss; general and special; Pecuniary and non-pecuniary; lump sums and structured settlements.

3 Key Terms: Criminal Law: The law that sets out the definitions of individual crimes Criminal Process: The system used in a criminal case to manage the stages between the offence and the conviction of the offender Criminal Evidence: The rules that set out how the facts of a criminal case must be proved Sentencing: The decision of the court relating to the punishment to be imposed upon a guilty defendant, and the way in which this is done Section A: Actus Reus: The guilty act Causation: The link between the defendant s act and the criminal consequence Factual Causation: This is the but for test: but for the defendant s act, would the consequence have occurred? Legal Causation: This is the operating and substantial cause test to find the link between the defendant s act and the criminal consequence. Novus actus interveniens: Literally, a new act intervening. This breaks the chain of causation Mens Rea: The guilty mind of the defendant Direct Intent: This occurs where the consequence is the defendant s aim or purpose Recklessness: The level of mens rea lower than intention, wherein the defendant knows there is a risk but goes ahead and takes it anyway Transferred Malice: Where the mens rea of the crime directed at one person is transferred to the unintended victim of the crime Strict Liability: These are crimes defined as requiring an actus reus only; mens rea has no relevance Assault: Intentionally or recklessly causing the victim to fear immediate, unlawful harm Battery: The unlawful application of force to another Assault occasioning Actual Bodily Harm: the offence requiring the consequence of more than minimal harm to the victim Grievous Bodily Harm: This is serious harm and can cover a wide range of injuries Wounding: This is where the victim s skin is cut and therefore usually results in some blood loss Summary Offence: A criminal offence that can only be tried by a Magistrates Court

4 Either-Way Offence: An offence for which the accused may be tried by the Magistrates Court or in the Crown Court, where the defendant will be tried by a jury Indictable Offence: A criminal offence that can only be tried in the Crown Court Arrest Warrant: An order of the court for a person to be arrested in connection with a criminal offence Search Warrant: An order of the court that permits the police to search premises to look for evidence in connection with a crime Bail: Release of a defendant from custody until his next appearance in court Burden of Proof: The obligation to prove the defendant committed the crime Standard of Proof: The level to which the evidence must be proved to gain a conviction Retribution: This can be seen as the desire for revenge Deterrence: This can be seen as putting people off committing crimes: it can be individual or general Rehabilitation: This is the notion that the offender will be cured of his criminal tendency and that there will be a restoration of, or improvement in, his ability to perform and function in society Custodial Sentence: This is a sentence of imprisonment, which might be immediate or suspended (able to be implemented later is necessary) Community Sentence: These are alternatives to prison and are non-custodial options available to a court Discharge: This is a sentence where the offender is found guilty of the offence, and the conviction appears on his criminal record. It may be absolute or conditional Civil Law: The law concerned with the relationship between individuals Civil Evidence: The rules that set out how the facts of a civil case must be proved Balance of Probabilities: The standard of proof in a civil case. It means that the claimant must prove his case is more likely than not to be presented by him Section B: The Reasonable Man: The expression used to describe the basis of the law of negligence; the typical ordinary person Damage: The resulting loss to a claimant from a breach of duty of care Damages: The amount of compensation payable to the claimant who has proved the defendant has been negligent

5 Remoteness of Damage: The defendant is liable for damage only if it is the forseeable consequence of the breach of duty Court of First Instance: The court which first tries a case Small Claims Track: A straightforward claim for damages less than 5,000, or if personal injuries less than 1,000 Fast Track: A claim between 5,000 and 25,000, with limited oral evidence, that is likely to be completed in less than one day Multi-Track: a claim that does not fall within small claims or fast track; it is likely to be complex and/or high value Res Ipsa Loquitur: this literally means the thing speaks for itself. It is a rule whereby negligence can be inferred from the fact that the accident happened Case Monitoring: The system by which the court monitors progress of a case to help achieve a quick conclusion Case Management: The active role taken by a judge in the life of a case to help reach a speedy and just resolution of the issue Pecuniary Losses: the claimant s losses that are financial losses, such as loss of earnings Non-Pecuniary Losses: The claimant s non-financial losses, such as pain and suffering Special Damages: This is compensation for the financial costs incurred up to the date of the trial, such as repair of a damaged car General Damages: These cover any loss that does not have a quantifiable sum attached to it. Top Hints! 1. Read all the questions 2. Understand the questions. Reading them and understanding them is not always the same. Make sure that you carefully read the question and discover what is being asked of you. Look for words like Explain, Describe, Discuss 3. Think, and then write. 4. Write clearly and logically. Don't waffle and try to fill space for the sake of it. Write clear sentences in a well-structured answer. Follow a logical sequence of events, but don't panic! Use your Cases and PEA 5. Talk the talk. The examiner will be looking for Legal terminology, phrases and cases in your answers. There are marks available for using the right terminology, phrases and cases. Using good legal terminology shows that you know what you are talking about, that you understand what the specialist terms mean, and will impress the examiners. In short, it will help you to get more marks.

6 Activity 1: In the table below add in the cases that you think are important to know/understand within Unit 2. Try to be realistic with the number of cases you include, for each case you will need to know some brief details and how they relate to that particular area of law for example when discussing Donoghue v Stevenson you need to mention that this bought about the neighbour principle! (The number of boxes included does not necessarily mean you need to fill in all of them!) Case Name Details How it relates to area of law being discussed

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9 Activity 2: Practise answering the exam questions below Revision Technique 1: Without using your notes answer the question in one colour below: Question 1: Explain the meaning of mens rea. (7 Marks) Having written your answer look over your notes and add in using a different colour the areas that you missed out, then try to write out the answer again below including a)your first attempt and b)the areas you had to add in! Try NOT to look back at the answer you have already written!

10 Revision Technique 2: Answer the question below using your notes, but time yourself to answer the question in 10 minutes! Zoe and Yasmin were both members of the same athletics club and competed in the same event. Zoe was furious that Yasmin was a better athlete than her. Zoe decided to injure Yasmin so that she would not be able to compete in the next club championship. As they returned from a training run, Zoe tripped Yasmin who fell down the steps leading to the changing room. Yasmin suffered minor bruising. However, as she fell, she knocked over Xin who fell awkwardly, fracturing his skull. Subsequent poor medical treatment left Xin with brain damage. Question 2: Explain the principle of transferred malice and discuss how this principle would apply to Zoe for the injuries suffered by Xin. (7 Marks)

11 Now see if you can answer the question again, but this time without your notes and in 7 minutes!! How did you do with question 1 and 2? Why do you think this was the case?

12 Using your preferred revision technique answer the following questions: Question 3: Outline the rules on causation and discuss whether Zoe caused Xin s brain damage. (7 Marks) Question 4: Explain how the law decides whether a duty of care is owed in negligence. (7 Marks)

13 Question 5: Briefly explain the principle of res ipsa loquitur and how it applies in negligence cases. (7 Marks)

14 Robyn fitted a handrail over the bath for Elsie, her elderly and very overweight aunt. A few days later, when Elsie was getting out of the bath, the handrail came away from the wall. Elsie fell backwards into the bath and suffered severe head injuries. If this matter were to be taken to court, it is estimated that a successful claim in negligence would result in damages exceeding , excluding the minor damage to the bathroom. Question 6: Assuming that Robyn owed a duty of care to Elsie, discuss whether she was in breach of that duty. (7 Marks)

15 Activity 3: Now that you have completed some past exam questions, you must now go through them and identify where you have used PEA (Point, Evidence and Apply) for Questions 1 and 2 On your answers I will expect to see a P where you have made a legal point, an E where you have used evidence (this doesn t have to be a case!!) an A for application Once you have identified these identify two strengths within your answers and one area for improvement in the boxes below. Question 1: Self Feedback: Question 1: Teacher Feedback: Grade: Question 2: Self Feedback:

16 Question 2: Teacher Feedback: Grade: Question 3: Self Feedback: Question 3: Teacher Feedback: Grade: Question 4: Self Feedback:

17 Question 4: Teacher Feedback: Grade: Question 5: Self Feedback: Question 5: Teacher Feedback: Grade:

18 Question 6: Self Feedback: Question 6: Teacher Feedback: Grade:

19 Activity 4: Complete overviews of the Topics that you have studied in Unit 2 in the templates below: Topic: What do I need to know? (What does the specification say?) templates below: What does the Law say? Cases/Examples I need to know:

20 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

21 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

22 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

23 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

24 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

25 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

26 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

27 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

28 Topic: What do I need to know? (What does the specification say?) What does the Law say? Cases/Examples I need to know:

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