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    (Original post by pk550)
    Yes I did.

    Surprisingly, found tort better than criminal. Yourself?
    For the tort I spoke about how he'd be judged against the reasonable person fitting a towel holder and mentioned Donoghue/Caparo/Reasonable man test-Blyth etc.

    I didn't know what to write for the types of sentences that would be avaiable so I mentioned custodial sentence aswell as talking about the aims of sentencing under S.142 CJA 2003. I tried using as many cases and quotes too, you?

    So you did say that transferred malice could be used?
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    (Original post by Pluto-invader)
    OMG paper was so easy but very very long....needed 5 more minutes as i left 1 (5 mark) question

    They should increase the timing of the paper as it very hard to do 2 scenarios which contain 7-8 questions each

    I put ABH under section 47 OAPA 1861...what did you guyz wrote???

    Wishing everyone all the best for the rest of the exams and results off-course...

    Thanks for helping and running this thread people....really appreciated
    Yes I said that, the time limit is ridiculous however, I sat the paper last year so I learned my mistake and stuck to a time limit per question. I missed a 10 marks last year due to time and only got a D. Hopefully I'll get an A this time round.
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    These were the questions that came up for criminal liability:

    01) Explain the meaning of 'mens rea'. (7 marks)

    02) Briefly explain the meaning of, and reasons for, strict liability. (7 marks)

    03) Discuss the criminal liability of Zoe with respect to the injuries caused by Yasmin. (7 marks + 2 marks for A03)

    04) Explain the principle of transferred malice and discuss how this principle would apply to Zoe for the injuries suffered by Xin. (7 marks)

    05) Outline the rules on causation and discuss whether Zoe caused Xin's brain damage. (7 marks)

    06) Outline the procedure that would be followed if Zoe were charged with an indictable only offence. (5 marks)

    07) Outline the range of sentences available to the court if Zoe were to be convicted. (5 marks)
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    Tort questions:

    08) Explain how the law decides whether a duty of care is owed in negligence. (7 marks)

    09) Breach of duty requires the claimant to prove that the defendant has fallen below the standard of care of the reasonable man. That standard is assessed by taking into account one or more of the risk factors.
    Briefly explain three risk factors. (7 marks)

    10) Briefly explain the principle of res iqsa loquitur and how it applied in negligence cases. (5 marks)

    11) Discuss whether Robyn owed a duty of care to Elsie. (7 marks + 2 marks for A03)

    12) Assuming that Robyn owed a duty of care to Elsie, discuss whether she was in breach of that duty. (7 Marks)

    13) Outline the three-track case management system used in the civil courts and briefly explain which track is most likely to be used in any claim that Elsie could make against Robyn. (5 Marks)

    14) Assuming that Robyn were found liable in negligence, explain how the court would calculate an award of damages to Elsie. (7 marks)
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    what a nice paper that was
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    (Original post by pinda.college)
    For the tort I spoke about how he'd be judged against the reasonable person fitting a towel holder and mentioned Donoghue/Caparo/Reasonable man test-Blyth etc.

    I didn't know what to write for the types of sentences that would be avaiable so I mentioned custodial sentence aswell as talking about the aims of sentencing under S.142 CJA 2003. I tried using as many cases and quotes too, you?

    So you did say that transferred malice could be used?

    Yep, did the same sort of thing for tort but didn't mention Donoghue.

    Types of sentences=suspended or immediate custodial sentence, fine, community service orders (s177 of the CJA 2003) and discharges; absolute and conditional.

    64/94 got you an A in Jan 2011. Hoping the grade boundaries stay low for this paper too
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    (Original post by Pluto-invader)
    OMG paper was so easy but very very long....needed 5 more minutes as i left 1 (5 mark) question

    They should increase the timing of the paper as it very hard to do 2 scenarios which contain 7-8 questions each

    I put ABH under section 47 OAPA 1861...what did you guyz wrote???


    Wishing everyone all the best for the rest of the exams and results off-course...

    Thanks for helping and running this thread people....really appreciated
    .. I put Battery as it was "minor bruising" which doesn't interefere with the comfort of the defendant," my teacher said this seems write too as "extensive bruising" would sufice as ABH
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    (Original post by sunshinezlaura)
    .. I put Battery as it was "minor bruising" which doesn't interefere with the comfort of the defendant," my teacher said this seems write too as "extensive bruising" would sufice as ABH
    I think any answer is sufficient as long as you explain it well however, battery is the "application of unlawful force" and doesn't actually constitute to any minor bruising, it could result in actual bodily harm which was described in Miller as-

    "Any hurt or injury calculated to interfere with someone's health or comfort"
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    (Original post by pinda.college)
    I think any answer is sufficient as long as you explain it well however, battery is the "application of unlawful force" and doesn't actually constitute to any minor bruising, it could result in actual bodily harm which was described in Miller as-

    "Any hurt or injury calculated to interfere with someone's health or comfort"
    But the application of unlawful force arouse when she tripped her surely?? :/ I thought it wasn't assault because she didn't do anything to make her "fear an unlawful force to be applied imminently".... I'm quite worried now xD


    x
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    (Original post by Abbycadabra)
    But the application of unlawful force arouse when she tripped her surely?? :/ I thought it wasn't assault because she didn't do anything to make her "fear an unlawful force to be applied imminently".... I'm quite worried now xD


    x
    Don't be worried as I may be wrong however, I think you'll get marks for saying it was a battery but you'll get more marks saying it was an assault (battery in this case) occasioning actual bodily harm. Did you mention just battery or did you also discuss ABH? A battery is just 'unlawful force' and isn't acutally any real harm, it becomes assault occasioning actual bodily harm when there's minor brusing as a result.

    Like I said I could be wrong.
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    (Original post by pinda.college)
    Don't be worried as I may be wrong however, I think you'll get marks for saying it was a battery but you'll get more marks saying it was an assault (battery in this case) occasioning actual bodily harm. Did you mention just battery or did you also discuss ABH? A battery is just 'unlawful force' and isn't acutally any real harm, it becomes assault occasioning actual bodily harm when there's minor brusing as a result.

    Like I said I could be wrong.
    i mentioned both as i was told if it could be either to explain them both? plus i thought batter was the application of force eg hitting so it could be harm kind of? :/
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    (Original post by pinda.college)
    Don't be worried as I may be wrong however, I think you'll get marks for saying it was a battery but you'll get more marks saying it was an assault (battery in this case) occasioning actual bodily harm. Did you mention just battery or did you also discuss ABH? A battery is just 'unlawful force' and isn't acutally any real harm, it becomes assault occasioning actual bodily harm when there's minor brusing as a result.

    Like I said I could be wrong.
    yeah I did mention ABH that's one load off my mind xD
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    (Original post by megan.)
    i mentioned both as i was told if it could be either to explain them both? plus i thought batter was the application of force eg hitting so it could be harm kind of? :/
    If you mentioned both then that's the right answer (it would be sound). How did you find the paper in general, I didn't find it too bad though there were a few in my class who didn't finish it in time.
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    (Original post by pinda.college)
    If you mentioned both then that's the right answer (it would be sound). How did you find the paper in general, I didn't find it too bad though there were a few in my class who didn't finish it in time.
    i found it alright i finished with 15 minutes and had extra paper but i usually write really fast, i just hope i get a A and that was the same in my class some people even gave up :/
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    (Original post by megan.)
    i found it alright i finished with 15 minutes and had extra paper but i usually write really fast, i just hope i get a A and that was the same in my class some people even gave up :/
    That' good, I'm sure you will attain that A you desire People gave up:eek:What do you mean?
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    (Original post by pinda.college)
    That' good, I'm sure you will attain that A you desire People gave up:eek:What do you mean?
    thanks and they apparently found it hard so they didn't write anything but i doubt they actually revised, btw is this the first time you have taken this exam?
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    (Original post by megan.)
    thanks and they apparently found it hard so they didn't write anything but i doubt they actually revised, btw is this the first time you have taken this exam?
    Second, I'm currently doing A2 Law and I've got the last law exam on 24th June.
    A2 is so much harder (loads more cases and rules to learn) however, I got a B in LAW 03 so it's not impossible I got a C in LAW 02, hoping for an A in this re-sit aswell. Atleast that'll take some pressure off my last exam
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    (Original post by pinda.college)
    Second, I'm currently doing A2 Law and I've got the last law exam on 24th June.
    A2 is so much harder (loads more cases and rules to learn) however, I got a B in LAW 03 so it's not impossible I got a C in LAW 02, hoping for an A in this re-sit aswell. Atleast that'll take some pressure off my last exam
    sounds like something to look forward to haha but goodluck!
    you seem to know your stuff so i am sure that you will do well and get A's
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    (Original post by megan.)
    sounds like something to look forward to haha but goodluck!
    you seem to know your stuff so i am sure that you will do well and get A's
    Hahahaha, I hope so. Get back to me on results day to let me know how you did and I don't reply that means I did terrible and didn't get into uni
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    (Original post by pinda.college)
    Hahahaha, I hope so. Get back to me on results day to let me know how you did and I don't reply that means I did terrible and didn't get into uni
    haha i will do and i would be suprised if you didn't!
 
 
 
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