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Official AQA A2 Law June 2016 Thread

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For the evaluative essay? I'm trying to learn about three points for each, except involuntary manslaughter because it won't come up per the syllabus. I haven't yet done all of the reforms/evaluation for consent or intoxication.

im learning non fatals and general defences only too

Reply 161

JPFM

So can automatism, intoxication, consent and self defence all be used in the non fatal offences question?

Reply 162

OrdinaryStudent

Original post by c146

no worries i'm just being sensitive/overthinking with the exam so close! cheers :smile:

Although its already been clarified, Diminished responsibility and Loss of Control are SPECIAL defences - they only apply to murder

The other defences are GENERAL defences which can be applied to most things - keep in mind you cannot use consent for murder (Diane Pretty)

Reply 163

username1723547

Original post by Rust Cohle

Asserting that D's conduct is grossly negligent and that it is a matter for the jury to concern = dodging the question

Glad I saw this.

Also, why not Caparo?

Reply 164

Rust Cohle

Original post by Mactotaur

Glad I saw this.

Also, why not Caparo?

Caparo has too many elements which just deflects answer. Also takes longer to write so no real reason to use. You'll always be able to use neighbour or omissions. Opt for omission if there - think of neighbour principle as a fallback method of establishing DOC.

Other students relied excessively on thenotion that the ‘general principles of the law of negligence’ apply to establish the duty, and soconcentrated on general Caparo v Dickman requirements for the imposition of a duty in thecivil law of negligence. As explained in previous reports dealing with this issue, though this isnot ‘wrong’, it deflects attention from the specific circumstances in which a duty arises incriminal law, and is at odds with the approach routinely adopted by the courts in grossnegligence cases (see, for instance, the approach of the Court of Appeal in Evans). Itinevitably results in an analysis which is too general (and can be positively misleading whenapplied to the notion of breach).
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However, the route to this conclusion was often impeded by a wholly unnecessary attempt to introduce Caparo-style civil law concepts into the analysis. Earlier reports have alreadycommented on this issue...At best, a Caparo analysis is usually unhelpful, atworst, it deflects attention from the factors that would be most important to courts engaged in acriminal law enquiry.

Reply 165

username1723547

Original post by c146

is it a wise idea to answer the essay question first? im planning on it but have had mixed feedback from my teacher as he worries if i do this i'll eat into my time on the scenario questions...

Do whichever order you want, but make sure to:

a) write the question number clearly

b) stay within the time limit for each question

Reply 166

Rust Cohle

Original post by c146

is it a wise idea to answer the essay question first? im planning on it but have had mixed feedback from my teacher as he worries if i do this i'll eat into my time on the scenario questions...

Read scenario first paragraph and the first question, then do the essay. While doing the evaluation, formulate an answer to the first question in your head, thinking of the minor points of concern that may not be obvious prima facie. Just make sure not to spend too long on evaluation - 25 mins max.

Reply 167

username1294428

Original post by JPFM

So can automatism, intoxication, consent and self defence all be used in the non fatal offences question?

As defences yeah along with insanity as well. Which ever one you see as applicable to the defendant at the time the offence was carried out. Some scenarios can include two defences instead of one. Some won't have a defence

Reply 168

username1294428

Original post by c146

is it a wise idea to answer the essay question first? im planning on it but have had mixed feedback from my teacher as he worries if i do this i'll eat into my time on the scenario questions...

I'd say yes as that's the question that takes the least time since you're not going back to read anything. But only do it as long as you're confident about it. My teacher said its actually best to that question first to just get it out the way and then have the full focus on the scenario questions

Reply 169

JPFM

How long are people going to take on deciding which scenario to choose? And possibly, for what reasons are you going to choose a particular scenario?

Reply 170

OrdinaryStudent

Original post by JPFM

How long are people going to take on deciding which scenario to choose? And possibly, for what reasons are you going to choose a particular scenario?

read the questions first e.g. one may be involuntary manslaughter and one may be murder. If you prefer murder pick the scenario which has murder

(edited 7 years ago)

Reply 171

OrdinaryStudent

Original post by katherine9609

how many minutes would you allocate to question 3? Also are you learning all the reforms?

Reply 172

JPFM

Is anyone fully learning the murder essay?

Reply 173

OrdinaryStudent

are unit 3 and 4 both 50% of A2 ?

Reply 174

sonicmailman

Original post by JPFM

Is anyone fully learning the murder essay?

I've learnt it briefly, I've learnt about the MR, serious harm rule, sentencing, DR's burden of proof, DR need for RMC and I've done loss of control's quali triggers as being a positive reform.

I haven't learnt them thoroughly as I doubt it will come up, but just being able to recall some points is useful and puts your mind at ease.