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AQA Law Unit 2 Post here for help.

Hey guys I pretty much know the syllabus for Criminal and Introduction to tort if any of you need help feel free to post and I will do my best. Good luck in the exams.:smile:

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it's great you're so confident haha :rolleyes: you know the question when you're asked to explain criminal liabilty of the scenario? i'm sooo confused :/
what do you discuss, non-fatal offences? what cases are relevant is it all the ireland, santana ones?
Reply 2
How should I structure the high marking questions?
I am told the first answer in this PDF is full marks (my teacher marked it)

Should help explain how to do application questions.

http://www.mediafire.com/download/4j33p3934ly9rzy/Criminal_NFO_Application.pdf

But basically... IDEA
Identify the offence
Define the Actus Reus, explain it and apply it to the scenario
Define the Mens Rea, explain it and apply to the scenario
Reply 4
Original post by AboveTheLine
I am told the first answer in this PDF is full marks (my teacher marked it)

Should help explain how to do application questions.

http://www.mediafire.com/download/4j33p3934ly9rzy/Criminal_NFO_Application.pdf

But basically... IDEA
Identify the offence
Define the Actus Reus, explain it and apply it to the scenario
Define the Mens Rea, explain it and apply to the scenario


Is that all you need for the full marks?
Original post by qstudent
Is that all you need for the full marks?

Apparently so. for Assault, if your answer is looking short you could reference that it will be sentenced under S39 CJA'1967
Reply 6
Does anyone have a model answer on how courts would go about 'calculating an award of damages to X'. I'm looking for an actual model answer by the way not just a plan. Thanks in advance of anyone has one.
What are the three risk factors?
Original post by Converse
Does anyone have a model answer on how courts would go about 'calculating an award of damages to X'. I'm looking for an actual model answer by the way not just a plan. Thanks in advance of anyone has one.


It really depends on the situation.
Original post by Murtaza Sajid
What are the three risk factors?


More than 3.

-Size of the risk (chance of it happening) Bolton v Stone
-Characteristics of claimant (may require a higher duty of care) - Paris v Stepney Borough Council
-Practical Precautions (no breach if they are taken - Latimer v AEC
-Importance to take the risk (in public interest for example) - Watt v Hertfordshire County Council
Reply 10
Original post by AboveTheLine
It really depends on the situation.


Okay, if you wouldn't mind answering this one please. Thanks.

http://filestore.aqa.org.uk/subjects/AQA-LAW02-QP-JAN12.PDF
Original post by Converse
Okay, if you wouldn't mind answering this one please. Thanks.

http://filestore.aqa.org.uk/subjects/AQA-LAW02-QP-JAN12.PDF


This answer is a re-write of one that got 6/8. I added in all the recommendations made by my teacher to get full marks, though I do not know for sure if this would receive full marks.

The purpose of damages is to return the claimant to the position they would be in, had the negligent act not occurred. Damages are governed under the Damages Act 1996 and can be special and general.
Special damages have a quantifiable sum attached to them, as in Jefford v Gee, and are easily worked out before a trial begins. In this case, Brian’s special damages would include the £400 cost of replacing his phone.
General damages are calculated during the trial and include pain & suffering, loss of amenity and loss of future earnings. In this case, Brian may press for general damages to be awarded for the minor injuries that he suffered, where the courts may use the JSB guidelines to determine the amount, as well as the £6000 loss of potential earnings as a result of missing the call, perhaps with some damages for the emotional pain that was caused.
The amount of damages will be decided by the court with the use of guidelines and presentation of evidence. Finally, the payment to Brian may be via a lump sum paid in one single payment, or as part of a structured settlement, however both Elaine and Brian must agree to this.
Original post by AboveTheLine
More than 3.

-Size of the risk (chance of it happening) Bolton v Stone
-Characteristics of claimant (may require a higher duty of care) - Paris v Stepney Borough Council
-Practical Precautions (no breach if they are taken - Latimer v AEC
-Importance to take the risk (in public interest for example) - Watt v Hertfordshire County Council


is it not the caparo test?
Original post by Murtaza Sajid
is it not the caparo test?


The Caparo Test is....

Foreseeability - Kent v Giffiths
Proximity (Space, Time & Relationship) - Bourhill v Young, McLoughin v O'Brien
Just, Fair & Reasonable - Reeves v MPC, Orange v CC West Yorkshire, Hill v CC West Yorkshire.
Original post by AboveTheLine
The Caparo Test is....

Foreseeability - Kent v Giffiths
Proximity (Space, Time & Relationship) - Bourhill v Young, McLoughin v O'Brien
Just, Fair & Reasonable - Reeves v MPC, Orange v CC West Yorkshire, Hill v CC West Yorkshire.

What would I use the caparo test for what type of question?
Original post by Murtaza Sajid
What would I use the caparo test for what type of question?


"Explain how a duty of care is owed" it's for Duty of Care, along with the Neighbour Principle
Explain how the law decides whether a duty of care has been breached, including how any two risk factors may affect the courts decision. Any tips on what to include in this answer
Original post by AboveTheLine
"Explain how a duty of care is owed" it's for Duty of Care, along with the Neighbour Principle


Thanks for your help I really do appreciate it.
Reply 18
Original post by AboveTheLine
This answer is a re-write of one that got 6/8. I added in all the recommendations made by my teacher to get full marks, though I do not know for sure if this would receive full marks.

The purpose of damages is to return the claimant to the position they would be in, had the negligent act not occurred. Damages are governed under the Damages Act 1996 and can be special and general.
Special damages have a quantifiable sum attached to them, as in Jefford v Gee, and are easily worked out before a trial begins. In this case, Brian’s special damages would include the £400 cost of replacing his phone.
General damages are calculated during the trial and include pain & suffering, loss of amenity and loss of future earnings. In this case, Brian may press for general damages to be awarded for the minor injuries that he suffered, where the courts may use the JSB guidelines to determine the amount, as well as the £6000 loss of potential earnings as a result of missing the call, perhaps with some damages for the emotional pain that was caused.
The amount of damages will be decided by the court with the use of guidelines and presentation of evidence. Finally, the payment to Brian may be via a lump sum paid in one single payment, or as part of a structured settlement, however both Elaine and Brian must agree to this.

Thanks again.
Reply 19
Ahhhh sorry guys I neglected the thread i wasn't getting no replies for like 2 days so I left it thanks for helping out guys :X Just done the exam pretty chuffed couple of curveballs thrown in for the civil side. The last question on the track that should be used. I reckon most people wrote small claims but small claims is only for personal injury up to £1,000 and in the scenario Tims solicitor said £3,000 so I believe multi track would be appropriate so I wrote it I checked with my teacher and she said its right :biggrin: I'm feeling very confident about this one mainly because I revised for like 3 weeks in advanced how did you guys do?

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