Answering AQA Law Questions (A level)

I've been self teaching A level Law since September and sat the AS exams in January. I didn't do as well as I expected, failing two of the modules, and getting a high C grade in another (Law Making). I find the concepts of the course fairly straightforward, but without a teacher I've not been able to get a good idea of how the questions should be answered. I've recently found some past papers and mark schemes and I intend to use those to help revise for the resits, but it would be helpful to see some full answers, preferably of an A grade (or at least a high B), so I have a better idea. If someone could post some I'd be very grateful.

Reply 1

Triplet1

Hey I'm doing OCR Criminal Law.

What type of law are you doing? Criminal, Civil etc

Reply 2

Images and Words

I'm doing the compulsory Law Making, Dispute Solving and Concept of Liability at AS. These aren't really civil or criminal, just the background to the legal system and liability. For A2 I'm doing criminal law (for both modules 4 and 5), which covers offences against the person and offences against property.

Reply 3

Triplet1

So do you want help for A2 criminal law?

I can recommend stuff i have but its for OCR, shouldnt make to much difference.

Reply 4

Images and Words

Not specific help so much. Just model answers so I can get an idea of what I need to do. I'm self-teaching, so I don't have a teacher or fellow students to ask.

Reply 5

Images and Words

They have mark schemes. I'm trying to find out what a good answer looks like. Not just the answers, but how it's written, how detailed, structure etc.

Reply 6

madhead123

images_and_words! im in exactly your sitation. im taking A2 law in a year (i took four modules at xmas)...i just need model answers to give me an idea about how to write them....help please someone!!!

Reply 7

Prudy

I can't give a model answer, but a structure that worked well for me last year was this: (I did crime so will take it from this POV)

Identify potenital crime;
State Definition;
State Actus Reus;
Explain what it means in tems of what on has to do to fall into the realm of the AR, like for ABH "In Rv Chan Fook harm was defined as...."
Go through each part of the AR and then say what evidence from the scenario there is to suggest the crime fits into this AR
State Mens Rea;
Explain what this means in terms of what one hasd to do to fall into the realm of the MR, so for murder: "As defined in Rv Woollin..."
Again, go through each part of the mens rea and link it to the case stating what evidence there is that the "guilty" party has commited the MR
Defences:
Explain each defence that may be raised, in a similar way as above
Conclude as to whether a prosecution may be succesfull.

Hope that helps

Reply 8

pcok

Hi, I'm actually in the same situation as you - I've not had a teacher yet due to bad back, but I have been self-teaching myself the course, and got 100% on the Jan exam for AS. For that paper , (Law Making) and the Dispute Solving one, you need to do essay type answers. The questions are the same every year, just worded differently, and you just bascially need to write down everything you know about it in part (a), and part (b) varies, eg: advantages and disadvantages etc. As you get 5 questions but only have to answer 2, I'd recommend just learning 2 or 3 of them. For Law Making I learnt Judicial Precedent (which comes up EVERY year), Delegated Legislation (which has only not appeared once), and Statute Creation (not much to learn for this BUT it's only come up a couple of times, one of these being part (b), where part (a) was Delegated Legislation.

What I actually did to learn the module was write several pages of notes, in a rough essay format, and learn them word for word, and then wrote that down in the exam (for part (b) this is not applicable).

For JP, here is what I wrote, roughly:

When the facts in a case are the same as those in a previous, decided case, the doctrine of JP requires judges to follow those decisions. This is known as stare decisis, (stand by the decision). The judgement - the judge's written decision - sets out the facts and legal principles used to reach the decision. The legal principles are known as the ratio decideni (the reasons for deciding), and form the binding precedent to be followed in later cases. The neighbour principle in the tort of negligence is from the ratio decidendi in Donoghue v Stevenson (1932). Judgements also contain an obiter dicta (things said by the way), where the judge states what he thinks the law would be if the facts were slightly different. This does not create binding precedent, but it may form persuasive precedent. An example of this is promissory estoppel, which was the result of an obiter dicta statement by Lord Denning in the High Trees case. Persuasive precedent may also result from dissenting judgements, when a case is decided by a majority of judges or from decisions from the Privy Council, as happened from Wagon Mound No. 1 (1961), concerning the remoteness of damage in tort.

In order for judges to know what decisions they must follow, a comprehensive system of law reporting has been established. Judgements are noted down - usually word-for-word - and then publicised, for example in the All England Law Reports and Weekly Law Reports.

NOW EXPLAIN THE HIERARCHY...BELOW IS HOW I'D EXPLAIN IT

In England and Wales we follow a strict hierarchy, where lower courts are bound by decisions of those above them. this, from highest to lowest, is as follows: European Court of Justice (ECJ) - only when EU law is concerned; House of Lords (HL); Court of Appeal (CA) - Civil and Criminal Divisions; Divisional Courts - Queens Bench, Chancery and Family; High Court; Inferior Courts.

The ECJ and High Court are not bound by their own part decisions, and the Inferior Courts do not create precedent, but all other courts are bound by their decisions, with the following exceptions:

The HL can depart when it 'appears right to do so', under their Practice Statement in 1966. The CA, Civil, has three exceptions, as decided in Young v Bristol Aeroplane Co Ltd, (1944): when a decision is made per incuriam, (in error), when there are two conflicting decisions, when a later decision in HL overrules a past decision of CA. The Criminal Division has these exceptions and when someones liberty is in issue.
The Divisional Courts operate similar exceptions at CA, as decided in Police Authority for Huddersfield v Watson (1947).

When reading through this essay, it may not seem very detailed, but trust me this is all you need to include - and remember you are only giving 10 or 15 minutes to write this - assuming that you are adopting the mark-a-minute approach, cos with AQA you have 60mins to answer 60 marks. (On A4 paper this takes almost 2 sides, so it is quite a lot).

I hope this helps, and if you want any other answers for other parts of the exam let me know on here or PM me.

Reply 9

madhead123

VERY HELPFUL :biggrin:

....thanku!

How u finding it now anyway? are you taking a2 law as well? are you doing offences against property??

thanks for the help matey!

Reply 10

pcok

Well we still aint had a teacher so we've got to do it ourselves, but it's not 2 bad. No I'm still in 1st year of college, so I'm doing AS - doing the Dispute Solving & Concept of Liability, but to be honest, the A2 year looks easier cos it's more interesting. I take it your doing A2 then? Bt if u need help with offences against the property, i did cover that a bit in GCSE so i might be able to help.