Law Unit 4 14th June 2013 (AQA)

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So would you suggest both instead? i've only learnt criminal myself...

yeah i would suggest do both i.e. 3 criminal based on fault, 3 criminal not based on fault, 3 civil based on fault and 3 civil not based on fault.

if you would like a layout:

AR
MR
Murder
Strict Liability
Mandatory Life Sentence
s.47 and s.20
Duty of care (1st and 3rd part of caparo)
Breach of Duty + thin skull rule
OLA 57
Vicarious Liability
Product Liability

Reply 461

Warda3

Still don't understand stupid criminal damage

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Reply 462

Converse

Any decent predictions as to which of the following is unlikely to come up tomorow:
-Law and morals
-Law ad justice
-Fault and liability

Cheers in advance.

Reply 463

*Sierra*

Original post by Markg125

PLEASE CAN SOMEONE TELL ME THE DIFFERCE BETWEEN SECTION 9 1 (a) and section 9 1 (b) because I am having trouble unerstanding which is which in a scenario, hate to use caps but I just don't know.

Burglary
S9 Theft Act 1968

1. Entry
2. Building or part of building
3. As a trespasser

S9(1)(a)
D intends to commit: theft/GBH/criminal damage
+ MR of ulterior offence
+ Int. or recklessness

S9(1)(b)
D commits or attempts to commit theft/GBH
+MR of ulterior offence
+MR of trespass

... I think this is right... this is my revision card for burglary!

Reply 464

rosscmullins

I've decided i've got no hope for this exam, and I might as well sell myself to some male escort service, cos i'm definitely not going to uni based on this one exam

Reply 465

AyshaK

Original post by rosscmullins

I've decided i've got no hope for this exam, and I might as well sell myself to some male escort service, cos i'm definitely not going to uni based on this one exam

lmaooo that made me laugh

Reply 466

lharto

Original post by rosscmullins

I've decided i've got no hope for this exam, and I might as well sell myself to some male escort service, cos i'm definitely not going to uni based on this one exam

Drown your sorrows in macdonalds, works wonders, good luck all!

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Reply 467

Zvxcb

Someone explain duress. I get normal duress what's necessity and circumstances? :smile:

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Reply 468

AmmeS

a bit late but definately not prepared for this! Any one wanna explain duress.

Reply 469

Tomac

Okay so I'm half-way through now, it seems that Law and Morality may come up for the theory question. To whoever is doing tort: liability in defective products and occupiers will 100% come up.

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Reply 470

Mreyow

Original post by AmmeS

a bit late but definately not prepared for this! Any one wanna explain duress.

I can outline duress of threats:

Cannot be used for murder/attempted murder (Howe)
Only threats of serious violence or death suffice (Valderrama Vega)
Threats can be to family and friends (Martain)
Graham two-part test
Certain characteristics of D can be taken into account (Bowen)
D has to be threatened to do a specific crime (Cole)
Imminence of threat (Hasan)
Must be 'imminent' and operating on D's mind (Abdul-Hussain)
The defence will fail if there is a safe avenue of escape (Gill)
It will also fail if it is self-induced duress (Hasan, Heath)

Reply 471

done&dusted

if anyone needs any paper info etc .. just message me... COME1 !!!!!

Reply 472

EternalFrission

just praying loads morals and law come up #fingers crossed#

Reply 473

EternalFrission

Original post by Converse

Any decent predictions as to which of the following is unlikely to come up tomorow:
-Law and morals
-Law ad justice
-Fault and liability

Cheers in advance.

hope morals come up am not good with the others

Reply 474

EternalFrission

Original post by Tomac

hope Ryland v fletcher doesnt come up

Reply 475

AmmeS

Original post by Zvxcb

Someone explain duress. I get normal duress what's necessity and circumstances? :smile:

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I get this! Okay, so Duress is a defence based on the fact that the defendant has been forced to commit a crime because he is threatened with death or serious injury. Duress can be either through direct threat by another (duress by threat) or through external circumstances (duress of circumstances)

Duress by threat: the defendant is threatened by serious violence unless he commits an offence . Threat must be of death or a serious injury; lesser threats do not provide a defence (Vlderrama-vega) Threat can be made to the the defendant himself, the family or even friends can be a basis for the defence of duress( Martin). There is no decision on whether threat to a complete stranger would be enough. R v Hasan - threat must be of death or serious harm to the defendant, defendant's immediate family or someone whom the defendant reasonably regarded him self as reasonable for.

If defence should succeed depends on 2 stages: was the defendant compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death?
If so would a sober person of reasonable firmness, sharing the characteristics of the accused have responded in the same way?
Tests laid down by the CoA in Graham and approved in the case of Howe
Charateristics taken into account (Bowen) Age, Pregnancy, Serious Physical Disability, recognised mental ilness, psychiatric disorder, sex. Low IQ is irrelevant.

No safe avenue of escape:duress only used in situations where there is no safe avenue of escape (Gill) If police protection is possible the defendant cannot rely on the defence of duress. Case of Hudson an taylor, police protection may not always be effective. If threat was not reasonbly expected to be carried out immidiately or almost immediately then no defence (Hasan)

RIGHT i really can't be asked to type more.

Reply 476

AmmeS

Original post by Zvxcb

Someone explain duress. I get normal duress what's necessity and circumstances? :smile:

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clearly explained the wrong thing

Reply 477

Starlight94

Good luck to everyone sitting this exam tomorrow, I did it last year and thankfully not resitting this unit again. Just make sure you have a good structure and lots of points for the essay and you'll be okay! Hopefully it's a nice paper with nothing too tricky :smile:

Reply 478

AmmeS

Only bothered learning law and justice and law and morals, any one finding the time insufficient ?