AQA Law AS Level Unit 2 2nd June 2016

Does anybody have any predictions for what will come up in the exam Friday 20th May 2016*?

(edited 7 years ago)

Hey , What do you mean by predictions? Judging by the past papers, they always ask the same question but worded differently. I mean when i was doing scenario questions , i felt like most of the time i was repeating what i said in the other scenario. The last two question about the Damages and the three track system is always same in all the topics.

OHH I need your help. I mean how do you answer the three track system and apply application. For instance (jun13) 11)Outline the three track casemanagement system used in the civil courts and identify which track and whichcourt are most likely to be used in a claim that Fran could make against Eve.
Thereare three claim tracks, Small Claim Track, Fast Claim Track and Multi ClaimTrack. Each track depends on the financial amount and usually takes 21 days tobe heard. The Small Claim track, is usually less than £5000 and it is for apersonal injury claims and is heard by the Circuit Judge in the County court.Secondly, the Fast Claim Track is between £5000 and £25000, heard by thedistrict judge in the County Court. This fast track claim, would be used byFran to make claim because her entire damagesare around £20 000, which is between £5000 - £25000 and the court would be theCounty Court which could take up to 21 days to be heard. Lastly, the Multi Claim Track is for claims,which are over £25000 and heard by the Circuit judge can be in the County orthe High Court. This is irrelevant in this case because Fran’s damages are notover £25000 and nor they are under £5000 so the Small Track would not useeither. I had 2/5 ..which is pretty poop and i don't have a clue what else would you add to it.

Reply 2

NHM

For criminal I predict:
Actus reus/mens rea/ contemp rule
Offence wise: S.47/assault/battery
I think summary offence procedures/ sentencing aims/ range of sentences are very likely to come up.

Regarding civil, it is always hard to predict... So I can't give any guidance, although the same questions do seem to appear every year... The three track management system appears every year! Know the three tracks and the limits! The multi track has been updated since last year, so make sure you learn the right info.

Good luck!

Reply 3

AndrewMCV1

Original post by Pikachu_98

The [u]size of the claim and the legalcomplexity will dictate the court :undefined:

in which A case is heard - it istherefore necessary to discuss thethree-track system.

Under the Civil Procedure Rules [1999] since 2013, claims under £10,000 [previously£5,000] will be allocated to the Small-claims track, and heard by the County Court CC. [TheCC was established by the County Courts Act [1846] and are staffed in order of rank: occasionally by Recorders CircuitJudges and District JudgesThere are approximately300 CC, and the jurisdiction of each CC is limited geographically.]

The CC court maydeal with the claim without a full hearingprovided the parties are in agreement to this. A Di J will read the documentsand decide accordingly,communicating to the parties via post. It is relatively informal when compared to a trail, lawyers are not usually involved andthe rules of strict evidence do not apply NEITHER is AN oath required. However,If a trial is ordereddocuments relied upon mustbe made available to all parties 14 days prior to hearing.

Under the FAST–TRACK procedure, claims of upto £25,000 will always be heardby a Circuit Judge [CJ] in theCounty Court. The maximumperiod between directions and trail dateis 30 weeks. THE court may use a joint expert, save where the complexity of the issues warrants each side having their own expert.1. All documents should be disclosed by Week 4 2. and Witness statements by Week 10. 3. Experts’ reportsshould be exchanged by =] Week 14 4. and ListingQuestionnaires by Week 20-22.

Under the MULTI-TRACKcases of morethan £25,000 can be dealt by a Circuit Judge in the County Court but may be referred totheQueens Bench Division of the High Court particularly if the case is oneof a complex nature. The QBD is the most important division [3 in total]. IN 2012, 14, 454, howeverfewer than 200 were disposed of. The latest practice direction provides that Actions under £100,000 willgenerally be allocated to the County Court, while those over £100,000 will beallocated to the High Court. However, if the claim is in respectof personal injuries of £50,000 or more then the claim will be heard in theHigh Court.

Appeal
IF a Di J heard the case in the CountyCourt then the appeal would be heard by a CJ in the same County Court. HOWEVER if the case was allocated to the Multi-track an appeal would automatically be heard in the Court of Appeal C/A[Civil Division] before three Lords-Justice Or occasionally by five if the case is of particular importance.he appeal isnot a rehearing of the original trial, but is simply a review of the case. The Court of Appeal may reverse the original decision, vary it, orconfirm it. For example, in Goodwill vBritish Pregnancy Advisory Service (1996), The court held that, as BPAS were Unaware of D’s mistress therewas no liability after he got her pregnant despite having a vasectomy.

If a claim was heard in the High Court for damages of over £100,000the appeal route is always to the CAwith afurther appeal to the SupremeCourt. Which wasformed on 1^st of October 2009. App 200 cases year are heard the maj are civil. Consists of 12 very experienced judges

In the event that a lower court refuses permission a written applicationmay be made to the Appeal Court [C/A] by virtue of Part 52.3 of the CPR. IF theC/A refuses permission to appeal, the decision MAY be reconsideredat a hearing. Permission is only given where thecourt considers that an appeal would have a real prospect of successor some other compelling reason why the appeal should be heard.

HOWEVER, ifthe case raises a point of law of ‘general public importance’ a ‘leapfrog’appeal as provided by the CriminalJustice and Courts Act 2015 subject to approval will bypass THE TRADITIONAL route of appeal going directly to the Supreme Court. If the case INVOLVES a point ofEU LAW any English court may refer it to the European Court of Justice as per Article involves a point of EU Law267 of the Treaty of Rome

Reply 4

Cherry82

Hey guys, do you have any more advice? I'm shi*ting my pants for unit 2. I feel like I know nothing and I'm terrified.

Reply 5

badusername69

Original post by Cherry82

Hey guys, do you have any more advice? I'm shi*ting my pants for unit 2. I feel like I know nothing and I'm terrified.

Unit 2 is relatively simple, for criminal side remember

Assault AR and MR - "Causing D to apprehend imminent unlawful violence" and then Intention (I) or Recklessness (R) to put D in fear of imminent unlawful violence.

Battery AR and MR - Unlawful application of force on D. MR - Intention or recklessness to apply unlawful force to D

ABH - Assault ocassioning actual bodily harm, MR - Intention or recklessness to cause harm

GBH s20 - Assault occasioning gbh, MR - I or R to cause some harm

GBH s18 - Assault occasioning gbh, MR - Intention to cause gbh

That's mainly the criminal basics, you'll be fine just slot in some cases

Reply 6

Cherry82

Original post by badusername69

Thank you. Any advice for tort?

Reply 7

Cherry82

Original post by AndrewMCV1

The size of the claim and the legalcomplexity will dictate the court :undefined:

in which A case is heard - it istherefore necessary to discuss thethree-track system.

Hey, just wanted to ask apparently last year or this year the figures for the multi track record changed? Is this true?

Reply 8

badusername69

Original post by Cherry82

Thank you. Any advice for tort?

Tort is more difficult in my opinion,

Remember duty of care - caparo v dickman test

- foreseeability - donoghue v stevenson (ginger beer and snail case)
- proximity- Bourhill v Young
- fair just and reasonable

Remotenessof Damage

•

Did D cause the Damage – But for test Barnett v Chelsea and Kensington; Arsenic Poisoning, no medical advice. Not factual cause as would've died anyway.

•

Was the damage reasonable?

•

D is only liable if it is a foreseeable consequence – Wagon Mound case, oil set fire to sea.

•

Thin Skull rule – Smith v Leechbrain, doesn't break the chain, take victim as you find them. Molten metal burn resulted in death from pre existing cancer.

Damages

•

Special Damages – From time of act until trial e.g loss of earnings, expenses, expenses to cover special facilities etc.

•

General Damages – Carries on after trial, loss of earnings, expenses, can be paid in lump sum or structured payments.

-C is required to take reasonable precautions to compensate for anylosses that can be mitigated.

Damages

•

Special Damages – From time of act until trial e.g loss of earnings, expenses, expenses to cover special facilities etc.

•

General Damages – Carries on after trial, loss of earnings, expenses, can be paid in lump sum or structured payments.

-C is required to take reasonable precautions to compensate for anylosses that can be mitigated.

All i can be bothered writing atm, if you want more help just ask

Reply 9

badusername69

Original post by Cherry82

Hey, just wanted to ask apparently last year or this year the figures for the multi track record changed? Is this true?

As far as I know it's above £100,000 goes to high court

And above £50,000 goes to county

- don't quote me on that

Reply 10

Mosas

Any prediction for tort???

Reply 11

NHM

Original post by badusername69

Don't put intention or recklessness it shows basic understanding you need to actually correctly identify the mens rea...

Eg. Assault : intention to cause v to aphrend immediate unlawful personal violence or being reckless as to the aphrension caused.