AQA Law - Monday 2nd June 2014

Reply 140

Dilsz

19

Original post by Dolphin101

Yes I'm so happy some one has got similar answers, though I had done really bad!!!

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Im sure you did swimmingly well Dolphin

Reply 141

Taylorma.07

Original post by lmorgan95

Nobody is saying it didn't look like a battery, they're saying that a lot of people have wrote about an assault since they referred to "assault occasioning abh" where they normally just call it abh- Its a little annoying since had they not named the offence I would've gone for battery -.-
I tried to justify an assault for the abh by saying the punch and pain would have provoked a fear of further attack but Im not sure if it will lose marks.

I don't want to be patronising or anything aha, but the actual official name for the offence is "assault occasioning actual bodily harm/ ABH" not just "actual bodily harm", and the "assault" refers to "common assault" so assault OR battery. So while they were naming the offence of "assault occasioning ABH" they weren't saying it was assault as in s39 CJA 1988, they were saying that it was COMMON assault, and we were supposed to identify that it was the battery aspect of common assault. Hopefully they will be forgiving of the error though, as it seems a lot of people thought the question was talking about the offence of assault, rather than common assault.

Reply 142

fairplaytoyou

16

I completely screwed up the GBH/Transferred Malice question on the Criminal section because for some absolutely god stupid reason, I wrote about contemporaneity (I know - it was utterly thick of me and I'm still wondering how I could've done it even now). However I defined GBH, did the actus reus & mens rea + gave around 4 cases, so I'm wondering if I could've gotten any marks at all for what I did?

Thanks to anyone who answers :smile:

Reply 143

Dolphin101

Do you reckon you will still get marks for saying it was assault, he made him fear as he raised his fist towards him?

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Reply 144

Taylorma.07

Original post by Dolphin101

Do you reckon you will still get marks for saying it was assault, he made him fear as he raised his fist towards him?

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I don't know really, it's difficult to say because for the sake of people who wrote about assault, AQA may be lenient because so many people seem to have made the same mistake. You might get credit for knowing about assault, but applying the wrong offence in an application question doesn't often bode well - sorry! Also, it may have been difficult to have proven assault because it didn't actually say anyway in the scenario that Edward was scared/ apprehended immediate force.

(edited 9 years ago)

Reply 145

Taylorma.07

Original post by fairplaytoyou

I completely screwed up the GBH/Transferred Malice question on the Criminal section because for some absolutely god stupid reason, I wrote about contemporaneity (I know - it was utterly thick of me and I'm still wondering how I could've done it even now). However I defined GBH, did the actus reus & mens rea + gave around 4 cases, so I'm wondering if I could've gotten any marks at all for what I did?

Thanks to anyone who answers :smile:

I'm absolutely certain you would still get some marks for this, generally these kinds of application questions are divided into 2 parts (i) the explanation and application of the offence itself (which is what you did :smile:

) and (ii) the discussion and application of transferred malice. I'm pretty sure you'll pick up some marks for the explanation you gave!

Reply 146

Dolphin101

What are people's predictions for the grade boundaries?

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Reply 147

Dilsz

19

Original post by Dolphin101

What are people's predictions for the grade boundaries?

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The paper was quite fair to be honest so not sure maybe normal? Most people here put assault instead of battery which is probably the most common omission

This was a retake for me though so I kinda knew where I went wrong so i'm not sure 75 for an A maybe?

Reply 148

Taylorma.07

Original post by Dolphin101

What are people's predictions for the grade boundaries?

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I honestly think they'll be quite low, for a number of reasons.
1. Obvious the ABH question confused quite a lot of people, so they're likely to be lenient on that.
2. The structure as a whole was quite different to previous exams (ie the fact they identified the offences), meaning that we'd have to pick up marks elsewhere, so I think they'll be lenient on those questions.
3. I don't know about the contract part, but on the tort section there was quite an ambiguous question where they asked about damages and "whether or not damages could be recovered", so again I think they'll have to be lenient on that!
4. The fact that we didn't have January exams seems to suggest that grade boundaries in General will probably be lower.

So overall, I'm thinking they'll probably be a bit lower than usual. I'm doing this as a retake and I struggled for time, so I can only imagine that people doing it first time round struggled just as much!

Reply 149

JF2013

2

I think the grade boundaries are going to be low, only because of the amount of students complaining about the 'res ipsa loqitur' question, to be honest in my opinion I found that question okay whereas the test of that exam was really nice same with unit 1

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Reply 150

fairplaytoyou

16

Original post by Taylorma.07

I'm absolutely certain you would still get some marks for this, generally these kinds of application questions are divided into 2 parts (i) the explanation and application of the offence itself (which is what you did :smile:

) and (ii) the discussion and application of transferred malice. I'm pretty sure you'll pick up some marks for the explanation you gave!

Thank you so much! That's made me so relieved.

Reply 151

snikutsmullac

18

I put battery :3

-feels smug-

Reply 152

breamster917

I also did mine as a retake so I was a bit more confident with the Non-Fatal Offences due to the A2 papers having Non-Fatal Questions too.

Although it was a battery, they will give you marks for assault if you've argued it correctly- there's really no obvious conclusion in these scenarios, it's just about the way you argue your interpretation that gets you the marks.

But I wouldn't worry too much. I retook this exam because I wanted an A when I got a B last year. I had 7 exams this year, 5 of which were A2s, and still retook so you can always resit next year if the grade isn't necessarily what you want. Especially if your doing the Non-Fatal part of the A2 exams, you'll be much more confident because A2s are a lot more challenging so AS exams won't seem so daunting!

Eitherway, good luck for 14th August! :smile:

Reply 153

Dilsz

19

Original post by breamster917

I also did mine as a retake so I was a bit more confident with the Non-Fatal Offences due to the A2 papers having Non-Fatal Questions too.

Although it was a battery, they will give you marks for assault if you've argued it correctly- there's really no obvious conclusion in these scenarios, it's just about the way you argue your interpretation that gets you the marks.

But I wouldn't worry too much. I retook this exam because I wanted an A when I got a B last year. I had 7 exams this year, 5 of which were A2s, and still retook so you can always resit next year if the grade isn't necessarily what you want. Especially if your doing the Non-Fatal part of the A2 exams, you'll be much more confident because A2s are a lot more challenging so AS exams won't seem so daunting!

Eitherway, good luck for 14th August! :smile:

They wont give you the marks if you do the wrong offence. It was battery causing abh not assault

AQA Law - Monday 2nd June 2014

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