Aqa law unit 2 *offical thread*

Could you outline all the limits for me please

Within Negligence, whats the easiest way to apply 3 risk factors to the scenario? i know Latimer is a given in any scenario

Thank you very much and all the best!

Can anyone help with the procedure that is followed in a point of trial? and how you would apply it to the scenario?

Which procedure? Summary, triable either way indictable? Doesn't really need application just use the name of the defendant...

I was talking about the procedure trial in Negligence sorry

I structure my questions like this, my teacher an AQA examiner marked this and it received full marks :-) .

Fairly urgent question: Was just looking at the mark schemes for some past papers and there is one where they are talking about assault and it says to may reference to S39 CJA. We haven't covered anything about this, so i was just wondering what the relevance is. Is it where the offence is defined, because we have always learnt that it is defined in common law..

Just put something like this...

Assault is a common law offence but there is now reference to it in the CJA 1988 (s39), it is a summary offence heard in the magistrates court and carries a maximum sentence of 6 months or a £5,000 fine.

Same for battery!

Do we have to say about the type of offence and sentences as well?? We've always just said, 'The most likely offence for ... to have committed is assault. This is defined in common law. The acts reus of assault is.....'

My teacher is an AQA examiner and she has said so :-)

What cases go with legal causation? I have it down as the Pagett case but that is usually in intervening acts, right?

Factual causation is Padgett and white.

Legal causation is substantive and operative cause + intervening acts
So act of third party - smith
Vs own act - Roberts
Act of God
Then mention thin skull rule

I've just got R V Pagett and R V White- which is the one where the D tried to poison his mother with cyanide, but before the poison was able to take affect, she died of a heart attack, so he was not liable for her murder

ok thanks, I'll see what i can do to find out about these in the next 3 hours

Assault + battery - summary offences max 6 months imprisonment or £5,000 fine heard in magistrates.

S47/s.20 - triable either way offences/ heard in crown or magistrates/ max 5 years imprisonment.

S.18- indictable/ heard in crown/ Max life

Oh, thank you so much! that's not so bad to learn then xx