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AQA Law - Monday 2nd June 2014

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Reply 40

snikutsmullac

Original post by Dilsz

That aint my answer. Its just an answer for examples sake. Mines sweet and short

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I was gonna say, I would want your writing speed if you could

Reply 41

Ollieee2012

Im retaking from last tomorrow guys, the paper is tough due to time, don't get court up in talking about the cases. Last year I had virutally full marks on section A but I had to skip the last two questions on the 2nd section as i ran out of time, don't let this be you, so Identify, Explain, Apply

for example:

Bill had the AR for assault, to cause the V to apprehend immediate personal violence (Smith v Woking Police), Bill had caused Jill to be frightened as she had ran away

I have just made this up, but this is the structure i am going to use.

we also had an examiner come into our school and he told us not to always aim for sound, but to aim for clear, relax guys and pray lol, this isnt a big deal for me regardless as my uni is only taking into consideration my A2's

(edited 9 years ago)

Reply 42

Ollieee2012

Original post by Waldy565

Thought Battery came under Criminal Justice Act (1988), same section as assault? And battery has recklessness as a mens rea as well, which you can use cunningham for. Other than that I agree, basically, the confusion is that for the actus reus of ABH, there needs to have been an assault or battery to take place which then caused actual bodily harm, but not serious enough to warrant GBH. Therefore the AR for ABH is same as assault or battery, with the added quote from the Fook case, and MR is same as assault oe battery

Yes, MR for battery is to 'intentionally or recklessly apply an unlawful force (Venna), keep it nice and short, as time is against you

Reply 43

Dilsz

Original post by Ollieee2012

which examiner came in?

Reply 44

Ollieee2012

Original post by Dilsz

which examiner came in?

Peter Darwent the writer of the study guides

Reply 45

Dilsz

Original post by Ollieee2012

Peter Darwent the writer of the study guides

Ahh my teacher xD

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Reply 46

Ollieee2012

Original post by Dilsz

Ahh my teacher xD

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lol, lucky guy

Reply 47

Dilsz

Original post by Ollieee2012

lol, lucky guy

Yeah he's really helpful :smile:

Reply 48

Ollieee2012

Original post by Dilsz

Ahh my teacher xD

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Have you got any material on the damges question at the end, I have the rest of the exam cracked, but this I always confuse myself on, its just one of them things

Reply 49

Dilsz

Original post by Ollieee2012

Have you got any material on the damges question at the end, I have the rest of the exam cracked, but this I always confuse myself on, its just one of them things

I'll just write you my answer (Peter gave me full marks for it)

The purpose of damages is to put the claimant,as far as money can do this, in the position s/he was in before the tortious act

For purposes of damages they are divided into two kinds - Special and General

Special damages are quantifiable financial losses up to the date of the trial and are assessed separately from other awards as the exact amount to be claimed is known at the time of trial. They include:
-loss of earnings from day or tort to trial
-medical expenses - only for services or treatment as these expenses are only considered recoverable
-Expenses to cover special facilities such as the cost of special living accommodation

(Claimants name) can claim special damages under.......

General damages is a term used that covers all losses that are not capable of exact quantification and they are divided into pecuniary and non-pecuniary damages. The major head of pecuniary damages is that of future loss of earnings. This is calculated by using the notions of the multiplicand - a sum to represent the claimants annula net loss earning and a multiplier - a notional figure which represents the claimants annual number of years by which the multiplicand is multiplies by in order to calculate future losses. Any social security benefits etc will be deducted from the damages award. The claimant is entitled to an award to cover the cist if future care - nursing, physiotherapy etc

Non pecuniary losses are those that include pain and suffering and are impossible to place a monetary value on. Compensation for these is subjective. This can include the loss of amenity ( the inability to enjoy life; particularly impairment of the senses so inabilty to run,walk play sports or and instrument). Lastly damages can be awarded for the injury itself as they are itemised and particular sums are awarded for these on the basis of precedents

(Claimants name) can claim general damages under.......

Reply 50

Waldy565

Original post by Dilsz

Anyone have any ideas on this

Outline the burden of proof in negligence cases and how the principle of res ipsa
loquitur may affect this. (5 marks)

Burden of proof lies with the claimant. Simple really, you issue a claim, you gotta have the evidence to back it up. You're your own lawyer I guess. Res Ipsa Loquitor essentially just means the fact speak for themselves e.g. in the Smith case, 6 sacks of sugar (this was like an 1800s case so them massive sacks) fell on the claimant, and the judges said the very fact that the sacks had fell was negligent. Res Ipsa Loquitor.

(edited 9 years ago)

Reply 51

Waldy565

Original post by Ollieee2012

Yes, MR for battery is to 'intentionally or recklessly apply an unlawful force (Venna), keep it nice and short, as time is against you

Good good, glad we've got a retaker on side for tomorrow :smile:

- worried about tort more than anything must admit, got duty and breach, it's getting down pre-action protocol, issuing/defending a claim and then like special/genera, damages, so really only got 3-track system down *sigh* luckily got a 3-hr break from my politics exam to my law so my teacher will put on a revision class

Reply 52

Dilsz

Can someone post a model for damages application

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Reply 53

qwertyuiopp

Do we need to know the procedure before trial AND after?? And is it just for summary offences or for indictable and triable either way offences too? I'm so confused. I'm just doing last minute cramming! Good luck everyone!

Reply 54

WhoNeedsOne

Original post by qwertyuiopp

I was pretty sure it was procedure before trial (pre-trial procedure) i am sure it says that in the question.
Good luck!

Reply 55

qwertyuiopp

Original post by WhoNeedsOne

I was pretty sure it was procedure before trial (pre-trial procedure) i am sure it says that in the question.
Good luck!

Ok thank you! Good luck too!

Reply 56

Bethany12345

what are the limits for the three tracks because i know they were recently changed but cant remember the tracks ??

Reply 57

Dilsz

Exam paper from memory

Criminal

Explain and outline the rules on causation (8)
Explain with 3 examples how omissions can result in criminal liability(8)
ABH Of Edward(8+2)
S.20 + Transferred Malive against Olivia
Aims of sentencing(5)
Ranges of sentencing(5)

Tort
Explain duty of care (8)
Explain breach of duty + 1 risk factor (8)
Breach of duty by Una against tom application (8+2)
Res ipsa loquitur + Application to una (8)
Outline both rules for damages and apply(8)
Three tracks (5)

I probably forgot something idk what