GENERAL CERTIFICATE OF EDUCATION
TYSTYSGRIF ADDYSG GYFFREDINOL
2009 - 2010
LAW
SPECIMEN QUESTION PAPERS
SPECIMEN MARKING SCHEMES
GCE LAW Specimen Assessment Materials 3
Contents
Page
Question Papers
LAW
LAW
LAW
LAW
Unit 1
Unit 2
Unit 3
Unit 4
Understanding Legal Values, Structures
& Processes
5
Understanding Legal Reasoning, Personnel
& Methods
7
Understanding Substantive Law:
Freedom, the State and the Individual
13
Understanding Law in Context:
Freedom, the State and the Individual
25
Understanding Legal Values, Structures
& Processes
37
Understanding Legal Reasoning, Personnel
& Methods
42
Understanding Substantive Law:
Freedom, the State and the Individual
48
Understanding Law in Context:
Freedom, the State and the Individual
66
Mark Schemes
LAW
LAW
LAW
LAW
Unit 1
Unit 2
Unit 3
Unit 4
GCE LAW Specimen Assessment Materials 5
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
LAW
UNIT 1: UNDERSTANDING LEGAL VALUES, STRUCTURES AND PROCESSES
SPECIMEN PAPER
(1½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 question(s).
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded that assessment will take into account the quality of written communication
used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
GCE LAW Specimen Assessment Materials 6
Question 1
(a)
Outline what is meant by alternative dispute resolution and how it operates within the civil
justice system.
[14]
(b)
Consider the extent to which the reforms made to the civil justice system have improved the
administration of civil justice in England and Wales.
[11]
Question 2
(a)
Outline the development of common law and equity.
[14]
(b)
Consider the impact of modern equity upon the existing common law.
[11]
Question 3
(a)
Outline what role the Legal Services Commission performs in promoting access to justice.
[14]
(b)
Consider the extent to which the Access to Justice Act 1999 marks a radical break from the
previous provision of legal aid.
[11]
Question 4
(a)
Outline the extent to which the Rule of Law prevents the exercise by the State of arbitrary
power.
[14]
(b)
Consider the role of judges in promoting the Rule of Law.
[11]
Question 5
(a)
Outline the criteria employed in the decision to grant bail in English and Welsh law.
[14]
(b)
Consider the role of the Crown Court in trying criminal cases.
[11]
Question 6
(a)
Outline the role of juries in civil and criminal trials.
[14]
(b)
Consider the extent to which juries are representative of society.
[11]
GCE LAW Specimen Assessment Materials 7
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
LAW
UNIT 2: UNDERSTANDING LEGAL REASONING, PERSONNEL AND METHODS
SPECIMEN PAPER
(1½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 question(s).
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded that assessment will take into account the quality of written communication
used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
GCE LAW Specimen Assessment Materials 8
Q.1
Study the text and answer the questions based on it.
In July 1966, Lord Gardiner, the Lord Chancellor made the following statement on
behalf of himself and the other Law Lords:
"Their Lordships regard the use of precedent as an indispensable foundation upon
which to decide what is the law and its application to individual cases. It provides at
least some degree of certainty upon which individuals can rely in the conduct of their
affairs, as well as a basis for orderly development of legal rules.
Their Lordships nevertheless recognise that too rigid adherence to precedent may lead
to injustice in a particular case and also unduly restrict the proper development of the
law. They propose, therefore, to modify their present practice and, while treating
former decisions of this House as normally binding, to depart from a previous
decision when it appears right to do so.
In this connection they will bear in mind the danger of disturbing retrospectively the
basis on which contracts, settlements of property, and fiscal arrangements have been
entered into and also the especial need for certainty as to the criminal law.
This announcement is not intended to affect the use of precedent elsewhere than in
this House."
(a)
Explain why was it necessary for the House of Lords to issue the above statement.
[14]
(b)
Read the following case and consider whether and on what grounds the Court
of Appeal should depart from precedent.
In 1969 the Court of Appeal held that John, a barrister, was not liable for
negligence in presenting cases in court.
In 2002, Oliver, a barrister, represented Susan in a contractual dispute and
failed to prepare adequately for her case which resulted in Susan's claim for
damages being dismissed. Susan is now suing Oliver for negligence.
If Susan's case against Oliver was now being considered by the Court of
Appeal what factors would be relevant for the court in overturning its previous
decision involving John?
[11]
GCE LAW Specimen Assessment Materials 9
Q.2
Study the text and answer the questions based on it.
"In accordance with the will of Parliament as reflected in section 3 [of the Human Rights Act
1998] it will sometimes be necessary to adopt an interpretation which linguistically may
appear strained. The techniques to be used will not only involve the reading down of express
language in a statute but also the implication of provisions. A declaration of incompatibility is
a measure of last resort. It must be avoided unless it is plainly impossible to do so." (Lord
Steyn, in R v A. (2001))
(a)
Outline the way in which the Human Rights Act 1998 has altered judicial practice with regard
to statutory interpretation.
[14]
(b)
Using your knowledge of statutory interpretation, consider whether an offence has been
committed in the situation set out below.
Petrol (Fictitious) Act 2004
Section 1: Any motor vehicle used for private driving which consumes petrol at a rate below
25 miles per gallon (mpg) is classified, for the purposes of this Act, as a gas guzzler.
Section1(2): A gas guzzler must be fitted with a Tachograph to check that it has not been used
on a long journey.
Section 2(1) It is an offence, punishable by a fine of £100, to drive a gas guzzler on long
journeys.
Section 2(2:) A long journey consists of a maximum of 200 miles inside 24 hours.
Glyn owns a vintage bus which runs at 20mpg but he only drives it two or three times a year
to vintage bus festivals. He normally takes two days to drive to festivals but when it breaks
down on the way to a festival, he drives it over 200 miles in one day to get to a vintage
festival in time. Unfortunately, he is stopped by the police as he enters the festival field and,
after checking his Tachograph, he is charged with an offence under Section 2.
[11]
GCE LAW Specimen Assessment Materials 10
Q.3
Study the text and answer the question based on it.
Section 3(1) of the Law Commissions Act 1965 states: "[I]t shall be the duty of each of the
Commissions to take and keep under review all the law with which they are respectively
concerned with a view to its systematic development and reform, including in particular the
codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary
enactments, the reduction of the number of separate enactments and generally the
simplification and modernisation of the law."
(a)
Outline the duties and role of the Law Commission in promoting law reform in
England and Wales.
[14]
Study the data and answer the question based on it.
The Law Commission (No 299)
Annual Report 2005/06
(b)
With reference to the data, and to different methods of promoting law reform,
evaluate the success of the Law Commission in promoting law reform in England and
Wales.
[11]
GCE LAW Specimen Assessment Materials 11
Q.4
Study the text and answer the questions based on it.
Department for
Constitutional Affairs
Justice, rights and the constitution
APPOINTMENT TO THE OFFICE OF HIGH COURT JUDGE
Eligibility Criteria
Applications may be made by practitioners who have either a 10 year High Court
qualification or who have held the office of Circuit Judge for at least two years. Subject to the
statutory requirements and the statutory retirement age of 70, there are no age limits for this
appointment. The Lord Chancellor will, however, expect a reasonable period of service
before retirement.
Criteria for appointment
All successful candidates will be expected to have attained a high level of understanding of
the principles of law and jurisprudence and a comprehensive knowledge of the rules of
evidence and of court practice and procedure. In addition, candidates must normally have
served in an appropriate part-time judicial capacity. Practitioners will have attained a high
quality of effectiveness and performance in any part-time judicial appointment held and an
outstanding level of professional achievement in the areas of law in which they practice. The
Lord Chancellor will recommend for appointment the candidate who appears to him to be best
qualified regardless of ethnic origin, gender, marital status, sexual orientation, political
affiliation, religion or disability.
(a)
Explain the reasons for advertising the appointment to the office of High Court Judge
and the mechanisms which are applied to their appointment.
[14]
(b)
Evaluate the extent to which judges are representative of general society.
[11]
GCE LAW Specimen Assessment Materials 13
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW:
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION 1: CONTRACT AND CONSUMER LAW
SPECIMEN PAPER
(1½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 question(s).
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded that assessment will take into account the quality of written communication
used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
You are reminded of the importance of including knowledge from all areas of the course where
appropriate, including the Legal System of England and Wales. Part (b) of each question will
test understanding of the connections between the different elements of the subject.
GCE LAW Specimen Assessment Materials 14
Q.1
Bernard is a student at the University of Abercwmboi where accommodation is difficult to
obtain. On 1 March, Bernard's uncle, Albert, wrote to him, offering him a flat for eight
months each year at £30 a week in a house owned by Albert. On 3 March, Jo, having heard
that Albert has a flat available, wrote to Albert offering to rent it for eight months of the year
at £28 per week. On 4 March, Bernard telephoned Albert and asked if he could have a lease
of the flat for a whole year. Albert replied that that was not possible and rang off.
Immediately, Bernard wrote and posted a letter accepting Bernard's offer of an eight month
lease at £30 per week. He used a second class stamp, as he did not have any first class ones at
the time. On 5 March, Albert posted a letter accepting Jo's offer and another letter
withdrawing his offer to Bernard. On 6 March, Bernard thought he had found more suitable
accommodation and, without first securing it, he posted a first class letter to Albert, stating
that he was cancelling his acceptance. In fact, Bernard was unable to secure the alternative
flat and he telephoned Albert, leaving a message on his answering machine telling him to
ignore his first class letter, which had not then been delivered. On 7 March, Albert's letter of
withdrawal reached Bernard and Bernard's first class letter reached Albert. On 8 March,
Bernard's second class letter reached Albert. On 9 March, Albert's acceptance letter reached
Jo.
(a)
In the light of reported case law and other sources of law, advise Albert.
[14]
(b)
Q.2
Taking into account his prospects of success, explain the available sources of
assistance for Albert in funding this litigation.
[11]
Jo wished to buy seeds for a winter cabbage crop as she was an amateur market gardener. She
contacted Seedco and signed a contract for the purchase of seeds. Some weeks after the seed had
been planted, when the seeds started to grow, it became obvious that the cabbage seed which
Seedco had supplied had been defective and Jo's cabbage crop was worthless and had to be
ploughed in. The contract which she had signed contained the following clause: "Liability for
defective seed is limited to the cost of the seed. In any event, no liability is accepted unless any
defect is drawn to the attention of Seedco within 5 days of delivery of the seed to the purchaser."
Seedco refused to pay Jo compensation, relying on the clause in their contract.
(a)
In the light of reported case law and other sources of law, advise Jo.
[14]
(b)
Explain the extent to which and how European Law has acted as a source of law in
the above situation.
[11]
GCE LAW Specimen Assessment Materials 15
Q.3
Robin made a contract with John for the purchase of a number of barges to use in his dredging
business. Before the contract was made, Robin had made it clear that the capacity of the
barges was very important, and John had assured him that the barges were of capacity x.
Robin paid £25,000 per barge. The market price for barges of capacity x was, and is, £27,000
per barge.
Robin has now discovered that the barges are only of capacity y, which is much lower than x.
Barges of capacity y had, and have, a market price of £22,000.
(a)
In the light of reported case law and other sources of law, advise Robin.
[14]
(b)
Q.4
Explain the role of the Law Commission in promoting clarity in the law in respect of
the issues raised in the above situation?
[11]
Fred's next door neighbour, Paul, was away on holiday when his fence blew down. Fred fixed
it. When Paul returned from holiday, he told Fred that he was very grateful and that, after he
had been to the bank, he would pay Fred £100 for his time and effort. Fred thanked him, but
he never received the money. When he asked for it Paul told him that he had changed his
mind and Fred would have to be satisfied with £50. Fred needed the money badly and so
accepted the £50. He now proposes to sue Paul for the full £100 and is claiming economic
duress.
(a)
In the light of reported case law and other sources of law, advise Paul.
[14]
(b)
Explain the role, if any, that the doctrine of precedent has played in developing the
law in this situation?
[11]
GCE LAW Specimen Assessment Materials 17
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW:
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION 2: CRIMINAL LAW AND JUSTICE
SPECIMEN PAPER
(1½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 question(s).
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded of the need for good English and orderly, clear presentation in your answers.
Assessment will take into account the quality of written communication used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
You are reminded of the importance of including knowledge from all areas of the course where
appropriate, including the Legal System of England and Wales. Part (b) of each question will
test understanding of the connections between the different elements of the subject.
GCE LAW Specimen Assessment Materials 18
Q.1
Q.2
Archie lives in a care home for people with learning difficulties. Because of his disability, he
finds it difficult to control his emotions. Archie loves trees, and is especially fond of a cherry
tree which grows in the garden of the care home. One day Archie saw Brian, the gardener,
preparing to cut down the cherry tree. Archie became distraught, and knocked Brian
unconscious. Thinking Brian was dead, Archie covered him with leaves and left him. Some
time later, Brian recovered consciousness and staggered back indoors. He felt sick and very
cold, so he drank half a bottle of brandy to warm himself up while waiting for an ambulance
to take him to hospital. At the hospital, Brian was examined by a recently-qualified young
doctor, Chloe. Thinking that Brian was merely drunk, she sent him home with two aspirins,
having failed to diagnose that Brian had a fractured skull. Brian died later that night.
(a)
In the light of reported case law and other sources of law, consider whether Archie
may be criminally liable for Brian's death.
[14]
(b)
In the light of the doctrine of precedent, explain the concept of the "reasonable man"
in the case law relating to provocation.
[11]
After drinking a lot of beer at a Halloween party, Eric felt the need for a curry and went into
an Indian takeaway, still wearing his Halloween mask. The proprietor's wife was behind the
counter, and was terrified at the sight of Eric. The proprietor, Sanjay, thought that Eric was a
criminal who had come to rob the till, and rushed at him brandishing a baseball bat. Eric fled
through the door, just as another customer, Roger, was coming in. Finding his escape blocked
by Roger, Eric panicked and punched Roger in the face, breaking his nose. Sanjay wrestled
Eric to the ground and struck him with the baseball bat, causing him serious internal injuries.
(a)
In the light of reported case law and other sources of law, analyse the potential
criminal liability of Eric and Sanjay, including any defences which may be available
to them.
[14]
(b)
Explain the avenues of appeal open to Eric and Sanjay if convicted by the Crown
Court.
[11]
GCE LAW Specimen Assessment Materials 19
Q.3
Detective Constable Vicki Plum was assigned to patrol a shopping mall on Christmas Eve and
be on the lookout for pickpockets. Vicki soon spotted a face she recognised: a young man
named Rollo, who had been stopped and searched by the police many times. Vicki walked up
to Rollo, said: "Okay, Rollo, you know the routine", and proceeded to search him. In one of
Rollo's pockets Vicki found a woman's purse containing two hundred pounds. Rollo told her
that the purse belonged to his grandmother, and that he was looking after it for her while she
was in hospital. Vicki decided to arrest Rollo in order to check out this explanation.
Rollo was held in the police station until the day after Boxing Day. His requests to contact his
grandmother and speak to a solicitor were refused. He enjoyed a good Christmas dinner, and
pulled crackers with Vicki and the custody officer. After almost 48 hours in police custody, he
was charged with theft of the purse and released on police bail, subject to the condition that he did
not go within a mile of the shopping mall.
Q.4
(a)
In the light of reported case law and other sources of law, consider the legality of the
actions of the police.
[14]
(b)
Explain the powers of the police to grant Rollo bail and impose bail conditions on
him.
[11]
Molly and her friend Imrhan were walking together one evening when two men came out of
the shadows and confronted them. Thinking that she and Imrhan were about to be subjected
to a racist attack, Molly swung her handbag at one of the men and knocked him down. The
man fell awkwardly and broke his ankle. It turned out that the two men were plain-clothed
police officers, who had mistaken Imrhan for a man they wanted to arrest in connection with a
robbery. The police charged Molly with causing grievous bodily harm. Molly wants to argue
that she was merely trying to defend herself and Imrhan, but is afraid that a jury may be
prejudiced against her because she is black.
(a)
In the light of reported case law and other sources of law, consider whether Molly
would have a defence on these facts.
[14]
(b)
Explain how the jury for Molly's case would be selected for service when it goes to
the Crown Court.
[11]
GCE LAW Specimen Assessment Materials 21
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW:
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION 3: FREEDOM OF THE INDIVIDUAL AND PROTECTION OF CIVIL RIGHTS
SPECIMEN PAPER
(1½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 question(s).
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded of the need for good English and orderly, clear presentation in your answers.
Assessment will take into account the quality of written communication used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
You are reminded of the importance of including knowledge from all areas of the course where
appropriate including the Legal System of England and Wales. Part (b) of each question will
test understanding of the connections between the different elements of the subject.
GCE LAW Specimen Assessment Materials 22
Q.1
PC Lemon and PC Lime were sitting in their police car when Aziz walked past with a
backpack slung over his shoulder. PC Lemon said, "Let's have him", and called out to Aziz to
stop and submit to a search. PC Lime opened Aziz's backpack and found that it contained a
set of knives. PC Lemon said to Aziz, "Alright, get in the car." Aziz obeyed, and was driven
to the police station. On the way, Aziz claimed that the knives were for his wife to use in the
kitchen. When they arrived at the police station Aziz asked to be allowed to contact his wife
and speak to a solicitor. The custody officer said that he would inform Aziz's wife, but that
Aziz would have to wait until the police had checked out his story before speaking to a
solicitor. The police took Aziz's fingerprints and a sample of his DNA, in spite of Aziz's
objections. Aziz was detained for thirty-six hours, during which time he was interviewed for
lengthy periods. At the end of that time, the police charged Aziz with the offence of having an
article with a blade in a public place. Aziz was given bail, and told that he would be tried in
the magistrates court. The police also told him that his fingerprints and DNA sample would
be retained by the police for use in any further investigation.
(a)
In the light of reported case law and other sources of law, advise Aziz as to the
legality of the actions of the police.
[14]
(b)
Explain the function of the magistrates court in hearing Aziz's case.
[11]
Q.2
Carol wants to organise a demonstration against the decision of her local council to allow a
company which supplies animals for medical research to set up a breeding facility in the area.
Carol's plans include a march through the city centre by fifty or more protesters, some of
whom will be carrying placards depicting the suffering of animals subjected to scientific
experiments. The march is likely to be a noisy affair, with many of the protesters blowing
whistles and chanting slogans. At the end of the march, the protesters will assemble in the
street outside the council's offices, where Carol intends to deliver a short speech and hand in a
petition. Carol has never organised a demonstration before, and is anxious that she and the
other protesters should comply with the law.
(a)
In the light of reported case law and other sources of law, advise Carol as to the
relevant law in this situation.
[14]
(b)
Explain the significance of the European Convention on Human Rights in relation to
the right to freedom of assembly and protest.
[11]
GCE LAW Specimen Assessment Materials 23
Q.3
Q.4
Morgan, the editor of a current affairs magazine, invited readers to write to him giving their
views about the Government's plans to modernise Britain's nuclear weapons capability.
Emily wrote to him saying that she was a civil servant in the Ministry of Defence, and had
seen the latest estimates of how much the plans would cost. She went on to say that the true
figures were much higher than the Government was prepared to admit, and that the public was
being misled. Morgan printed Emily's letter in the next edition of the magazine.
(a)
In the light of reported case law and other sources of law, consider whether Emily or
Morgan may have committed an offence.
[14]
(b)
Explain the extent to which the European Convention of Human Rights promotes
freedom of expression.
[11]
A new TV reality show was launched which offered aspiring young tennis players the chance
of being coached to represent the United Kingdom in a prestigious international youth
tournament. To increase its circulation, Celebrity Trash magazine began to publish stories
alleging that one of the contestants, Natalie, was taking illegal drugs to enhance her
performance. This prompted Rufus, the shadow Minister for Sport, to deliver a speech in the
House of Commons, in which he referred to Natalie as "a cheat who has brought disgrace
upon her country". Rufus later repeated these words in a television interview, whereupon the
producers immediately dropped Natalie from the show.
(a)
In the light of reported case law and other sources of law, consider whether Natalie
has any redress against Rufus or Celebrity Trash.
[14]
(b)
Explain the arguments for the abolition of civil juries in deformation cases.
[11]
GCE LAW Specimen Assessment Materials 25
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
UNIT 4: UNDERSTANDING LAW IN CONTEXT:
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION ONE: CONTRACT AND CONSUMER LAW
SPECIMEN PAPER
(2½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 questions from Section A and 1 Question from Section B.
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded that assessment will take into account the quality of written communication
used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
You are reminded that this paper contains a synoptic element in Section B and so will test
understanding of the connections between the different elements of the subject.
GCE LAW Specimen Assessment Materials 26
SECTION A
Answer TWO questions from Section A and ONE question from Section B.
Q.1
Critically evaluate the factors which have played a part in the decline of the doctrine of
freedom of contract and the development of welfare principles.
[25]
Q.2
Critically evaluate the reforms of consumer protection law brought about by the Enterprise
Act 2002.
[25]
Q.3
Consider the impact of human rights legislation in consumer law.
[25]
Q.4
"As a post-contractual promise, a guarantee issued by a manufacturer does not provide the
consumer with any rights". Critically examine this statement.
[25]
SECTION B
Answer ONE question.
Q.5
Study the text and answer the questions based on it.
In the debate on the Consumer Credit Bill which took place in 2005, Mr Sutcliffe, a
Government Minister, is reported in Hansard to have said:
"Unfair relationships go to the heart of what we are trying to achieve on many issues. Hon.
Members raised concerns, not only on Second Reading, but in various Committee hearings
and in the House. The test of unfair relationships in clause 19 is a new one that replaces the
existing extortionate credit test. We feel that the hurdles on that test are too high. The new
test allows for the re-opening of credit agreements where a court finds the transaction as a
whole to be unfair. That will be determined by references to all the relevant circumstances,
including the terms of the agreement and the parties' conduct. The hon. Member for
Tewkesbury chided me earlier, saying that many people say that some parts of the Bill are
vague. On the unfair credit test, I am sure that the challenge will come forward from my hon.
Friends and from the Opposition that it remains too vague.
I passionately believe that it is right and proper that the definition should be as wide as
possible. We should not try to restrict the conditions of the test, which we might do were we
to accept the routes towards which some amendments have pointed us.
Clause 19 permits the courts to consider anything done or not done by or on behalf of the
creditor either before or after making the agreement or any related agreement. Clause 19(2)
makes it clear that the courts may have regard to any relevant matter in making a
determination."
GCE LAW Specimen Assessment Materials 27
Q.6
(a)
Explain the impact of the test of "unfair relationships" on consumer credit law in
England and Wales.
[11]
(b)
Evaluate the test of unfair relationships, and explain the extent to which the courts
can refer to Hansard and other extrinsic aids.
[14]
Study the text and answer the questions based on it.
"The regulation of consumer credit is a matter for the European Union. At one stage,
European Community Rules were based on the 1987 Consumer Credit Directive. In 2002, the
European Commission presented a proposal for a new consumer credit Directive, since it was
considered that the old set of rules had failed to establish minimum standards, as well as
failing to keep pace with the developments and requirements of the modern consumer finance
market. Further, the European Commission considered that the rules of the 1987 Consumer
Credit Directive effectively had been overtaken by national rules. It is the view of the
European Commission that the absence of a common set of rules and lack of success in
achieving true harmonisation have resulted in a failure to achieve effective consumer
protection across national borders. The approach of the European Parliament is that of
minimum harmonisation of rules in this area. The proposed Consumer Credit Directive has
reached a critical phase under the German presidency of the EU in 2007. The
Competitiveness Council which met on 21 May 2007 reached critical agreement. This needs
to be ratified before it becomes a common position and is passed to the European Parliament."
[Source: The Griffiths Commission Personal Indebtedness (2007)]
(a)
Explain the significance of the approach of the European Parliament in promoting
"minimum harmonisation of rules in this area".
[11]
(b)
Evaluate the mechanisms for the reform of law in the context of consumer credit.
[14]
GCE LAW Specimen Assessment Materials 29
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
LAW: UNDERSTANDING LAW IN CONTEXT:
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION TWO: CRIMINAL LAW AND JUSTICE
SPECIMEN PAPER
(2½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 questions from Section A and 1 Question from Section B
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded of the need for good English and orderly, clear presentation in your answers.
Assessment will take into account the quality of written communication used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
You are reminded that this paper contains a synoptic element in Section B and so will test
understanding of the connections between the different elements of the subject.
GCE LAW Specimen Assessment Materials 30
SECTION A
Answer TWO questions from Section A and ONE question from Section B.
Q.1
Examine critically the approach taken by the courts in determining whether an offence is one
of strict liability.
[25]
Q.2
Examine critically the role of the Crown Prosecution Service within the criminal justice
system.
[25]
Q.3
"The law relating to bail does not place enough emphasis on protecting the public against
suspected offenders." Discuss.
[25]
Q.4
To what extent are the courts prepared to recognise a defence of necessity?
[25]
SECTION B
Answer ONE question.
Q.5
Study the text and answer the questions based on it.
In February 1998 the Home Office issued a Consultation Document: Violence: Reforming the
Offences Against the Person Act 1861, together with a draft Offences Against the Person Bill.
The draft Offences Against the Person Bill would create a hierarchy of offences:
Intentional serious injury
1.(1)
A person is guilty of an offence if he intentionally causes serious injury to another.
Reckless serious injury
2.(1)
A person is guilty of an offence if he recklessly causes serious injury to another.
Intentional or reckless injury
3.
A person is guilty of an offence if he intentionally or recklessly causes injury to
another.
GCE LAW Specimen Assessment Materials 31
Assault
4.(1)
(2)
5.(1)
Q.6
A person is guilty of an offence if (a)
he intentionally or recklessly applies force or causes an impact on the body of
another, or
(b)
he intentionally or recklessly causes the other to believe that any such force
or impact is imminent.
No such offence is committed if the force or impact, not being intended or likely to
cause injury, is in the circumstances such as is generally acceptable in the ordinary
conduct of everyday life and the defendant does not know or believe that it is in fact
unacceptable to the other person.
In this Act 'injury' means (a)
physical injury, or
(b)
mental injury.
(a)
Explain the impact which this draft bill, if enacted, would have on the law relating to
offences against the person.
[11]
(b)
Evaluate the extent to which the courts are able to refer to extrinsic aids when
interpreting a newly-enacted statute relating to offences against the person.
[14]
Study the text and answer the questions based on it.
"The review was glad to find that the Government, led by the Home Office, is urgently
working on what a programme of codification might consist of and how it might be managed.
Meanwhile the Law Commission continues to work on the project as part of its approved
programme. As soon as possible, the Government should clarify and seek to agree with the
Law Commission what it will be expected to do towards codification, over what period and
with what resources. This is an area where there needs to be a very clear and shared
understanding between the Government and Law Commission over precisely what is to be
done, by when."
Source:
John Holliday, Quinquennial Review of the Law Commission, 2003, paras. 2.7
and 2.8.
(a)
Explain the advantages and disadvantages which might result from the codification of
the criminal law.
[11]
(b)
Critically consider the role of the Law Commission in promoting reform of the
criminal law.
[14]
GCE LAW Specimen Assessment Materials 33
WELSH JOINT EDUCATION COMMITTEE
General Certificate of Education
Advanced Subsidiary/Advanced
CYD-BWYLLGOR ADDYSG CYMRU
Tystysgrif Addysg Gyffredinol
Uwch Gyfrannol/Uwch
UNIT FOUR: UNDERSTANDING LAW IN CONTEXT:
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION THREE: FREEDOM OF THE INDIVIDUAL AND PROTECTION OF CIVIL RIGHTS
SPECIMEN PAPER
(2½ hours)
INSTRUCTIONS TO CANDIDATES
Answer 2 questions from Section A and 1 Question from Section B
Write your answers in the separate answer book provided.
Write your name, centre number and candidate number in the spaces at the top of this page.
Write your answers in the spaces provided in this booklet.
INFORMATION FOR CANDIDATES
Each question carries 25 marks.
The number of marks is given in brackets at the end of each question or part-question.
You are reminded of the need for good English and orderly, clear presentation in your answers.
Assessment will take into account the quality of written communication used in your answers.
No certificate will be awarded to a candidate detected in any unfair practice during the
examination.
You are reminded that this paper contains a synoptic element in Section B and so will test
understanding of the connections between the different elements of the subject.
GCE LAW Specimen Assessment Materials 34
SECTION A
Answer TWO questions from Section A and ONE question from Section B.
Q.1
"All forms of unjustified discrimination have now been outlawed with the United Kingdom".
Critically examine this statement.
[25]
Q.2
Critically evaluate the extent to which the law provides for the control and accountability over
the use of secret surveillance by the police.
[25]
Q.3
Consider the extent to which the common law power to arrest for breach of the peace impose
limitations on the exercise of the right to freedom of expression?
[25]
Q.4
To what extent have the courts succeeded in creating a right to privacy out of the law relating
to breach of confidence?
[25]
SECTION B
Answer ONE question.
Q.5
Study the text and answer the questions based on it.
In the House of Lords, during the Parliamentary debates on the Human Rights Act 1998, the
Lord Chancellor stated:
"We ... believe it is right as a matter of principle for the courts to have the duty of acting
compatibly with the Convention not only in cases involving the public authorities but also in
developing the common law in deciding cases between individuals. Why should they not? In
preparing this Bill, we have taken the view that it is the other course, that of excluding the
Convention considerations altogether from cases between individuals which would have to be
justified."
(House of Lords Debates, col. 783, 24 November 1997)
(a)
Explain the extent to which the Human Rights Act 1998 will develop the common
law so as to create obligations upon individuals to act in ways which respect the
Convention rights of other individuals.
[11]
(b)
Evaluate the potential effects of the Human Rights Act 1998 on the doctrine of
precedent.
[14]
GCE LAW Specimen Assessment Materials 35
Q.6
Study the text and answer the questions based on it.
"The passing of the Human Rights Act 1998 was a historic constitutional project. It set out to
do two chief things: to supplant the received method of statutory interpretation - the divining
of Parliament's intention through the drafter's words - by a purposive reading which would
reconfigure legislation wherever possible to give effect to Convention rights; and to compel
all public authorities, the courts included, to respect those rights in everything they did and
decided."
Source: Sir Stephen Sedley LJ, "The Rocks or the Open Sea: Where is the Human Rights Act
Heading?" Journal of Law and Society Volume 32, Number 1, March 2005, pp.3-17 at p.17.
(a)
Explain the impact of the Human Rights Act 1998.
[11]
(b)
Critically consider the purposive approach to statutory interpretation as applied in the
context of the Human Rights Act 1998.
[14]
GCE LAW Specimen Assessment Materials 37
MARK SCHEME
UNIT 1: UNDERSTANDING LEGAL VALUES, STRUCTURES AND PROCESSES
Q.1
(a)
Outline what is meant by alternative dispute resolution and how it operates
within the civil justice system.
[14]
Credit reference to:
•
Identification of the various forms of ADR, including arbitration, mediation
and conciliation.
•
The post-Woolf civil justice system which gives the power to the judge, as
part of the case management strategy, to stay a case for up to 28 days to give
the parties a chance to use ADR.
•
ADR as a theory of justice.
•
Detailed descriptions of the context in which the various forms of ADR
apply.
Quality of Written Communication
The quality of written communication is embedded in Assessment Objective 3 in this
unit.
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content. They display a sound
understanding of the practical application of the law and are aware of current
debate and criticism including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the
subject content relevant to the question and have a perception of some of
the concepts and principles underlying that subject content. They display
a general understanding of the practical application of the law and are
aware of aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
concepts and principles underlying that subject content. They display a
limited understanding of the practical application of the law and are
aware in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant
principles. They demonstrate occasional basic insights into some of the
concepts and principles underlying the subject content. They display a basic
understanding of the practical application of the law.
GCE LAW Specimen Assessment Materials 38
(b)
Consider the extent to which the reforms made to the civil justice system have
improved the administration of civil justice in England and Wales.
[11]
Credit reference to:
•
Identification of the main problems with the pre-Woolf position, namely, that
the civil justice system was costly; the system was slow; court procedures
were unnecessarily complex.
•
Candidates should demonstrate detailed knowledge of the post-Woolf
scenario, including track allocation and case management, the civil procedure
rules, including pre-action protocols.
•
Note the reforms made in respect of legal language which is designed to
make the system less mysterious.
•
Instruction to experts is no longer privileged.
•
Note Civil Procedure Rules provide that a defendant to proceedings may
offer to settle a case by paying a sum of money into court, as set out in Part
26 of the Civil Procedure Rules.
Marks
2
1
Marks
8-9
6-7
4-5
0-3
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or
an accurate and well-substantiated application of the law to a given fact
situation. This is achieved through their selection of legal authorities, by
appropriate methodologies and by their ability to apply the law to a given
question. They support their conclusions by citation, analysis and
analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact
situation. This is achieved through their selection of legal authorities, by
appropriate methodologies and by their ability to apply the law to a given
question and support their conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of
how the law operates, or apply the law to a given fact situation in a partly
accurate and occasionally unsubstantiated way. This is achieved through
a limited selection of legal authorities and limited ability to apply the law
to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of
how the law operates or apply the law to a given factual situation in a
generally inaccurate and unsubstantiated way. There will be little or no
reference to legal authorities and points will not be developed. There will be
very limited evidence of structure in the candidate's response.
Note that the matrices will be applied to the other questions in the Unit One paper.
GCE LAW Specimen Assessment Materials 39
Q.2
(a)
Outline the development of common law and equity.
[14]
Credit reference to:
•
Historical position arising out of a unitary system under the control of the
centralised power of the King.
•
Increasing formalisation of the common law through the forms of action.
•
The development of equity.
•
The central role of the Lord Chancellor.
•
The maxims of Equity.
•
Consideration of the reforms brought about through the Judicature Acts 187375.
(b)
Consider the impact of modern equity upon the existing common law.
[11]
Credit reference to:
•
Relevant citation, especially of recent cases, for example, the development of
restitutionary remedies.
•
Examination of the scope of equity, for example, consideration of the
establishment of the trust doctrine, including presumptive and resulting trusts.
•
The fusion of common law and equity and recent case law.
•
Modern day remedies.
Q.3
(a)
Outline what role the Legal Services Commission performs in promoting access
to justice.
[14]
Credit reference to:
•
The Legal Services Commission is responsible for building on existing
services to develop a national legal service funded by the Community Legal
Service Fund in partnership with other funders, such as local authorities and
central government.
•
A key feature is that legal services are delivered on the basis of contracts
made between the Legal Services Commission and suppliers of legal
services.
•
Priorities are shaped by the Legal Services Commission, for example,
children are a priority, civil proceedings where life, liberty are at risk are
priorities; housing and other social welfare cases that enable people to avoid
or to climb out of social exclusion is a priority; domestic violence cases are
priorities.
•
The objective of the Community Legal Service should be discussed and the
service levels identified.
•
The Criminal Defence Service and identification of the principal components
of this service.
(b)
Consider the extent to which the Access to Justice Act 1999 marks a radical break
from the previous provision of legal aid.
[11]
Credit reference to:
•
Unlike the Legal Aid Scheme, the Community Legal Service Scheme is no
longer demand-led but is subject to cash limits.
•
The Legal Services Commission is charged with running two new services:
the Community Legal Service and the Criminal Defence Service.
•
Candidates should describe and evaluate the effectiveness of the Community
Legal Service and also the Criminal Defence Service by reference to, for
example, impact studies including DCA statistics.
GCE LAW Specimen Assessment Materials 40
Q.4
(a)
Outline the extent to which the Rule of Law prevents the exercise by the State of
arbitrary power.
[14]
Credit reference to:
•
The Rule of Law as a symbolic ideal against which proponents of widely
divergent political persuasion measure and criticise the shortcomings of
contemporary state practice.
•
The role of Dicey and his understanding of the Rule of Law, namely, the
absence of arbitrary power; equality before the law; supremacy of ordinary
law; the development of the welfare state and its impact on the traditional
Dicey view of the Rule of Law.
•
The view of some theorists, e.g. Raz.
(b)
Consider the role of judges in promoting the Rule of Law.
[11]
Credit reference to:
•
Expectation to deliver judgments in a completely impartial manner.
•
The concept of separation of powers, including the independence of the
judiciary.
•
Note the reform on the substitution of the role of the Lord Chancellor with
that of the Lord Chief Justice.
•
Separation of powers principle seen by the establishment of the Supreme
Court, as separated from the House of Lords.
•
Difficulties involved in terms of partiality in cases such as the Pinochet case,
for example, the position of Lord Hoffman.
Q.5
(a)
Outline the criteria employed in the decision to grant bail in English and Welsh law.
[14]
Credit reference to:
•
Court bail by virtue of the Bail Act 1976 (as amended).
•
PCC(S)A 2000 (as amended) by CJA 2003 where there is a presumption of
innocence.
•
Section 38 PACE 1984 (as amended) by CJPOA 1994 (as amended) by CJA 2003.
•
Relevance of the Human Rights Act 1998.
•
Advantages and disadvantages of bail, including maintaining employment;
facilitation preparation for trial; reduction in remand and cost. Note disadvantages
of bail, including offences committed whilst on bail; absconding; interference with
witnesses.
•
Proposals for reform.
(b)
.
Consider the role of the Crown Court in trying criminal cases.
[11]
Credit reference to:
•
Jurisdiction now to be found in Supreme Court Act 1981.
•
Crown Court can also hear appeals from Magistrates Courts, including a
variety of civil cases.
•
Cases in the Crown Court are classified by reference to the seriousness of offences.
Identification of the three classes of seriousness.
•
Reference to detailed studies of various aspects of Crown Court work, for
example, Rock's book, The Social World of an English Crown Court which
points out the complexity of the interactions between the personnel who
constitute the court, i.e. ethnographic accounts.
•
Description of the functions of the Crown Court.
GCE LAW Specimen Assessment Materials 41
Q.6
(a)
Outline the role of juries in civil and criminal trials.
[14]
Credit reference to:
•
•
•
•
•
•
•
(b)
Historical understanding of the common law tradition, for example, Bushell's
case.
Verdict, not sentence.
Arbiter of fact only
Contempt of Court Act 1981 in respect of deliberations.
Majority verdicts.
Limited use in civil trials.
The assessment of damages in civil trials.
Consider the extent to which juries are representative of society.
[11]
Credit reference to:
•
•
•
•
•
•
Juries Act 1974 – selection of jurors, as amended by the CJA 2003.
Abolition of ineligibility/excused category.
Vetting and peremptory challenge cases.
Establishment of central summoning bureau.
Administration process, rather than substantive law.
Arguments as to the role of juries in complex cases, especially fraud trials.
GCE LAW Specimen Assessment Materials 42
UNIT 2: UNDERSTANDING LEGAL REASONING, PERSONNEL AND METHODS
Q.1
(a)
Explain why was it necessary for the House of Lords to issue the above statement.
[14]
Credit reference to:
•
•
•
Relevant background to doctrine of precedent
Prospective overruling
Appropriate citation of relevant case law applying to the 1966 Practice
Statement, e.g. Jones v Secretary of State for Social Services (1972); R v G
and R (2003)
The role of judges in avoiding awkward precedents
The significance of the establishment of the new Supreme Court.
•
•
Quality of Written Communication
The quality of written communication is embedded in Assessment Objective 3 of this
unit.
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content. They display a sound understanding
of the practical application of the law and are aware of current debate and
criticism including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the
subject content relevant to the question and have a perception of some of
the concepts and principles underlying that subject content. They display a
general understanding of the practical application of the law and are aware
of aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
concepts and principles underlying that subject content. They display a
limited understanding of the practical application of the law and are aware
in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant principles.
They demonstrate occasional basic insights into some of the concepts and
principles underlying the subject content. They display a basic understanding
of the practical application of the law.
GCE LAW Specimen Assessment Materials 43
(b)
Read the following case and consider whether and on what grounds the Court of
Appeal should depart from precedent.
In 1969 the Court of Appeal held that John, a barrister, was not liable for negligence
in presenting cases in court.
In 2002, Oliver, a barrister, represented Susan in a contractual dispute and failed to
prepare adequately for her case which resulted in Susan's claim for damages being
dismissed. Susan is now suing Oliver for negligence.
If Susan's case against Oliver was now being considered by the Court of
Appeal what factors would be relevant for the court in overturning its previous
decision involving John?
[11]
Credit reference to:
•
•
Position of the Court of Appeal in hierarchy.
Young v Bristol Aeroplane (1944) and relevant citation, e.g. Mendoza v
Ghaidan (2002).
Conventional methods of avoiding precedent, e.g. ratio and obiter
distinctions.
•
Marks
2
1
Marks
8-9
6-7
4-5
0-3
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation.
This is achieved through their selection of legal authorities, by appropriate
methodologies and by their ability to apply the law to a given question. They
support their conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact
situation. This is achieved through their selection of legal authorities, by
appropriate methodologies and by their ability to apply the law to a given
question and support their conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how
the law operates, or apply the law to a given fact situation in a partly
accurate and occasionally unsubstantiated way. This is achieved through a
limited selection of legal authorities and limited ability to apply the law to
a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of
how the law operates or apply the law to a given factual situation in a
generally inaccurate and unsubstantiated way. There will be little or no
reference to legal authorities and points will not be developed. There will be
very limited evidence of structure in the candidate's response.
Note that the matrices will be applied to the other questions in the Unit Two paper.
GCE LAW Specimen Assessment Materials 44
Q.2
(a)
Outline the way in which the Human Rights Act 1998 has altered judicial practice
with regard to statutory interpretation.
[14]
Credit reference to:
•
•
•
•
•
•
(b)
Under section 3 of the Act, the courts are required to interpret legislation so
far as it is possible to be compatible with Convention rights defined under the
Act.
Under section 2 of the Act, the courts must take into account the
jurisprudence of the European Court of Human Rights, together with the
opinions and decisions of the European Commission of Human Rights and
the decision of the Committee of Ministers with regard to these rights.
Section 4 of the Act and the declaration of incompatibility.
Nature of government's intention in introducing the new legislation which was to
be radical.
Need for balance in terms of the policy for preserving certainty in the law,
e.g. R v Lambert (2007).
Discussion of the boundary between interpreting legislation and making
legislation.
Using your knowledge of statutory interpretation, consider whether an offence has
been committed in the situation set out below.
Petrol (Fictitious) Act 2004
Section 1: Any motor vehicle used for private driving which consumes petrol at a rate
below 25 miles per gallon (mpg) is classified, for the purposes of this Act, as a gas
guzzler.
Section1(2): A gas guzzler must be fitted with a Tachograph to check that it has not
been used on a long journey.
Section 2(1) It is an offence, punishable by a fine of £100, to drive a gas guzzler on
long journeys.
Section 2(2:) A long journey consists of a maximum of 200 miles inside 24 hours.
Glyn owns a vintage bus which runs at 20mpg but he only drives it two or three times
a year to vintage bus festivals. He normally takes two days to drive to festivals but
when it breaks down on the way to a festival, he drives it over 200 miles in one day to
get to a vintage festival in time. Unfortunately, he is stopped by the police as he
enters the festival field and, after checking his Tachograph, he is charged with an
offence under Section 2.
[11]
Credit reference to:
•
•
•
•
Application of different rules to scenario.
Application of other aids of interpretation.
Discussion of mischief of the Act.
Ambiguity in terms of what is meant by private driving and its application to
older vehicles.
GCE LAW Specimen Assessment Materials 45
Q.3
(a)
Outline the duties and role of the Law Commission in promoting law reform in
England and Wales.
[14]
Credit reference to:
•
•
•
•
•
•
•
(b)
Discussion of composition of Law Commission – it has five full-time
commissioners.
Mission of the Law Commission is to make the law simpler, fairer and
cheaper to use.
Reform projects are included in a programme of work submitted to the DCA
Discussion of mechanisms of how the Commission works, e.g. through small
teams, each of which is headed by a law commissioner.
Identification of the process involved, e.g. the publication of a consultation
paper following research and analysis of case law, legislation and academic
and professional opinion. The consultation paper will describe existing
problems with the law and suggest possible solutions and reform options.
Following a consultation period, a final report is published and may include a
draft Bill.
Identification of an example of the work of the Law Commission, for
example, reform of company charges.
Interaction between the Law Commission and government ministries and
departments to ensure best value is obtained from the effort and resources
devoted to the project by the Commission and others.
With reference to the data, and to different methods of promoting law reform,
evaluate the success of the Law Commission in promoting law reform in England and
Wales.
[11]
Credit reference to:
•
•
•
•
•
•
•
Application and identification of different categories of reports identified in
the data.
Statistics quoted show that the record of implementation is good.
An example of a report that has not yet been implemented, for example, the
Law Commission's draft Criminal Law Bill.
Comparison with other methods of law reform and their political imperative,
as distinct from technical legislation promoted by the Law Commission.
Political parties' manifestos
Royal Commissions
Private Members' Bills and Parliamentary reform.
GCE LAW Specimen Assessment Materials 46
Q.4
(a)
Explain the reasons for advertising the appointment to the office of High Court Judge
and the mechanisms which are applied to their appointment.
[14]
Credit reference to:
•
•
•
•
•
•
(b)
Historic role of Lord Chancellor
Procedure traditionally surrounded in secrecy
Review of appointment of judges by Sir Leonard Peach
Establishment of Judicial Appointments Commission in 2006 intended to
improve on traditional arrangements for the appointment of the judiciary
Criteria clearly established with scoring mechanism
Description of judicial appointments process.
Evaluate the extent to which judges are representative of general society.
[11]
Credit reference to:
•
•
•
•
•
•
Griffiths and the "politics of the judiciary"
Unrepresentative of sectors of society, notably women and racial minorities.
Note statistical evidence as seen in DCA statistics.
Difficulty of drawing inferences from reported cases.
Evaluation of impact of failure to ensure that judges are not a statistical cross
section of society, e.g. it is not possible for people to understand and
empathise with those who are not from the same background.
Discrimination and the judiciary, e.g. the 1992 survey Without Prejudice?
Sex Equality at the Bar and in the Judiciary.
Judges and the legitimacy of the legal system – candidates might refer to the
work of Pannick.
GCE LAW Specimen Assessment Materials 47
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW
FREEDOM, THE STATE AND THE INDIVIDUAL
OPTION ONE: CONTRACT AND CONSUMER LAW
Q.1
(a)
In the light of reported case law and other sources of law, advise Albert.
[14]
Credit reference to:
•
The need for communication and discussion of the general rule with
reference to appropriate case law.
Postal rule and analysis of method of communication and its appropriateness
in terms of legal response.
Problem of letter being lost – Household Fire and Carriage Accident
Insurance Co. Ltd v Grant (1879)
Byrne v Van Tienhovan (1880)
Manifest absurdity rule and inconvenience rule, Holwell Securities v Hughes
(1974).
•
•
•
•
Quality of Written Communication
The quality of written communication is embedded in Assessment Objective 3 in this
unit.
Marks
1
0
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO2
Marks
Skills
11-13 Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation.
This is achieved through their selection of legal authorities, by appropriate
methodologies and by their ability to apply the law to a given question. They
support their conclusions by citation, analysis and analogy.
7-10
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact
situation. This is achieved through their selection of legal authorities, by
appropriate methodologies and by their ability to apply the law to a given
question and support their conclusions by citation.
3-6
Candidates demonstrate a limited evaluation of some of the points of how
the law operates, or apply the law to a given fact situation in a partly
accurate and occasionally unsubstantiated way. This is achieved through a
limited selection of legal authorities and limited ability to apply the law to
a given question.
0-2
Candidates demonstrate a basic evaluation of one of the simpler points of how
the law operates or apply the law to a given factual situation in a generally
inaccurate and unsubstantiated way. There will be little or no reference to legal
authorities and points will not be developed. There will be very limited
evidence of structure in the candidate's response.
GCE LAW Specimen Assessment Materials 48
(b)
Taking into account his prospects of success, explain the available sources of
assistance for Albert in funding this litigation.
[11]
Credit reference to:
•
Analysis of financial position of Albert and significance of litigation in the
context of the post-Woolf situation
Access to justice and the priorities identified in the context of Community
Legal Service
Private means
Conditional fees
Legal Services Commission and availability of legal aid
•
•
•
•
Marks
2
2
Marks
8-9
6-7
3-5
0-2
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content making an entirely convincing
synoptic connection with elements of knowledge gained in understanding
legal reasoning and methods and understanding legal structures and
processes. They display a sound understanding of the practical application
of the law and are aware of current debate and criticism including the
major proposals for reform.
Candidates display an adequate knowledge and understanding of the subject
content relevant to the question and have a perception of some of the concepts
and principles underlying that subject content making a convincing synoptic
connection with elements of knowledge gained in understanding legal reasoning
and methods and understanding legal structures and processes. They display a
general understanding of the practical application of the law and are aware of
aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
concepts and principles underlying that subject content making a limited
synoptic connection with elements of knowledge gained in understanding
legal reasoning and methods and understanding legal structures and
processes. They display a limited understanding of the practical
application of the law and are aware in general terms of some of the
current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant
principles. They demonstrate occasional basic insights into some of the
concepts and principles underlying the subject content making some basic
synoptic connections with basic elements of knowledge gained in
understanding legal reasoning and methods and understanding legal
structures and processes. They display a basic understanding of the
practical application of the law.
Note that the matrices will be applied to the other questions in the Unit Three paper.
GCE LAW Specimen Assessment Materials 49
Q.2
(a)
In the light of reported case law and other sources of law, advise Jo.
[14]
Credit reference to:
•
•
•
•
•
•
(b)
Application of s14 Sale of Goods Act 1979 (as amended) and relevant citations
of case law
Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract
Regulations 1999
Definition of "consumer"
Interpretation of contracts and contra proferentem rule
Supply "in the ordinary course of business" and reference to appropriate case
law.
An unfair commercial practice and significance of the application of the
Directive in this context.
Explain the extent to which and how European Law has acted as a source of law in
the above situation.
[11]
Credit reference to:
•
•
•
•
•
•
•
What is meant by source and the general application of European Law into
English and Welsh Law, e.g. the distinction drawn between directives and
regulations
Harmonisation of unfair terms in consumer contracts – Directive 93/13/EEC
Distinction between regulations and directives
Unfair Terms in Consumer Contract Regulations (1999)
Difficulty of two parallel regimes under UCTA and 1999 Regulations and the
Law Commission response. Comparison between "good faith" (UCTA) and
"unfair" terms (1999 Regulations)
Scope and effect of 1999 Regulations.
Unfair Commercial Practices Directive and the duty not to trade unfairly and
"misleading omissions"
GCE LAW Specimen Assessment Materials 50
Q.3
(a)
In the light of reported case law and other sources of law, advise Robin.
Credit reference to:
•
•
•
•
•
•
(b)
[14]
Distinction between an action for a breach of contract and that of
misrepresentation
Analysis of nature of misrepresentation – innocent, negligent, fraudulent?
Discussion of the basis for calculation of damages as being different in
contract and tort and the application of section 2(1) of the Misrepresentation
Act 1967
The fiction of fraud in section 2(1) Misrepresentation Act 1967, e.g. Roy
Scott Trust v Rogerson (1991); Smith v Scrimgeour Vickers (1996)
The issue of non-disclosure
The issue of rescission and "damages in lieu of rescission".
Explain the role of the Law Commission in promoting clarity in the law in respect of
the issues raised in the above situation?
[11]
Credit reference to:
•
•
•
•
The Misrepresentation Act 1967 resulted from a report of the Law Reform
Committee in 1962. Discussion of the establishment in 1965 of the Law
Commission
The role of the courts in providing for a damages remedy for negligent
misstatement, as seen in Hedley Byrne v Heller (1964)
Discussion of case law in the context of the application of damages for
negligent misstatement under the common law as distinct from statute
The need for codification of law in this context and the role of the Law
Commission in promoting this method of reform.
GCE LAW Specimen Assessment Materials 51
Q.4
(a)
In the light of reported case law and other sources of law, advise Paul.
[14]
Credit reference to:
•
•
•
•
(b)
Doctrine of past consideration and antecedent debt or liability.
Eastwood v Kenyan (1840)
An act for which no recompense was fixed before it was done can constitute
consideration for a subsequent promise to pay for it, if it was done at the
request of the promissor and the understanding of the parties when it was
done that it was going to be paid for.
Re Casey's Patents (1892) and relevant citation.
Explain the role, if any, that the doctrine of precedent has played in developing the
law in this situation?
[11]
Credit reference to:
•
•
•
•
•
•
•
Doctrine of promissory estoppel – a creation of case law.
Central London Properties v High Trees (1947). Approach of Denning J (as
he then was) to previous authorities, notably Hughes v Metropolitan Railway
(1877).
The role of judges in the development of case law and particularly the need
for careful scrutiny in terms of impact of new law on the commercial
community. Comparison with the careful and rigorous approach adopted by
the Law Commission in drafting new law.
Development of promissory estoppel in subsequent cases.
Hierarchy of courts.
Reasoning approaches and relevant citation of recent case law.
Development of economic duress, for example, Williams v Roffey (1991).
GCE LAW Specimen Assessment Materials 52
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW:
FREEDOM ,THE STATE AND THE INDIVIDUAL
OPTION TWO: CRIMINAL LAW AND JUSTICE
Q.1
(a)
In the light of reported case law and other sources of law, consider whether Archie
may be criminally liable for Brian's death.
[14]
Credit reference to:
•
•
•
•
•
•
Causation - Church; medical negligence cases; self-neglect by victim
Mens rea of murder and manslaughter
Provocation
Diminished responsibility
Unlawful act manslaughter
Gross negligence manslaughter
Quality of Written Communication
The relevant Codes of Practice require that wherever candidates are expected to
write in continuous prose, the candidate's quality of written communication should be
assessed. The quality of written communication is embedded in Assessment Objective
3. As such, this element of the assessment will take place by marking the candidate's
script as a whole.
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation.
This is achieved through their selection of legal authorities, by appropriate
methodologies and by their ability to apply the law to a given question. They
support their conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact
situation. This is achieved through their selection of legal authorities, by
appropriate methodologies and by their ability to apply the law to a given
question and support their conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how
the law operates, or apply the law to a given fact situation in a partly
accurate and occasionally unsubstantiated way. This is achieved through a
limited selection of legal authorities and limited ability to apply the law to
a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how
the law operates or apply the law to a given factual situation in a generally
inaccurate and unsubstantiated way. There will be little or no reference to legal
authorities and points will not be developed. There will be very limited
evidence of structure in the candidate's response.
GCE LAW Specimen Assessment Materials 53
(b)
In the light of the doctrine of precedent, explain the concept of the "reasonable man"
in the case law relating to provocation.
[11]
Credit reference to:
•
Camplin; Morhall; (House of Lords)
•
Humphreys, Thornton (No 2) (Court of Appeal)
•
Luc Thiet Thuan (Privy Council)
•
Morgan Smith (House of Lords)
•
A-G for Jersey v Holley (Privy Council)
•
James;Karimi (2006) - Court of Appeal held the PC in Holley had overruled
Morgan Smith
Marks
2
1
Marks
8-9
6-7
3-5
0-2
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content making an entirely convincing
synoptic connection with elements of knowledge gained in understanding
legal reasoning and methods and understanding legal structures and
processes. They display a sound understanding of the practical application
of the law and are aware of current debate and criticism including the
major proposals for reform.
Candidates display an adequate knowledge and understanding of the subject
content relevant to the question and have a perception of some of the concepts
and principles underlying that subject content making a convincing synoptic
connection with elements of knowledge gained in understanding legal reasoning
and methods and understanding legal structures and processes. They display a
general understanding of the practical application of the law and are aware of
aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the concepts
and principles underlying that subject content making a limited synoptic
connection with elements of knowledge gained in understanding legal reasoning
and methods and understanding legal structures and processes. They display a
limited understanding of the practical application of the law and are aware in
general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject content
relevant to the question and/or identify some of the relevant principles. They
demonstrate occasional basic insights into some of the concepts and principles
underlying the subject content making some basic synoptic connections with
basic elements of knowledge gained in understanding legal reasoning and
methods and understanding legal structures and processes. They display a basic
understanding of the practical application of the law.
Note that the matrices will be applied to the other questions in the Unit Three paper.
GCE LAW Specimen Assessment Materials 54
Q.2
(a)
In the light of reported case law and other sources of law, analyse the potential
criminal liability of Eric and Sanjay, including any defences which may be available
to them.
[14]
Credit reference to:
•
•
•
•
(b)
Elements of assault and battery: Criminal Justice Act 1988, s.39.
Aggravated assault: Offences Against the Person Act 1861, ss. 47, 20, 18.
Intoxication: Majewski; distinction between crimes of basic and specific
intent.
Reasonable force in prevention of crime: Criminal Law Act 1967, s.3.
Explain the avenues of appeal open to Eric and Sanjay if convicted by the Crown
Court.
[11]
Credit reference to:
•
•
•
•
•
Appeal to Court of Appeal, Criminal Division
Criminal Appeal Act 1968, s.1
Application for leave to appeal
Ground for allowing appeal - conviction "unsafe" - Criminal Appeal Act
1995, s.2
Further appeal to House of Lords on a point of law of public importance only
GCE LAW Specimen Assessment Materials 55
Q.3
(a)
In the light of reported case law and other sources of law, consider the legality of the
actions of the police.
[14]
Credit references to:
•
•
•
•
•
(b)
Police and Criminal Evidence Act 1984 (PACE)
Police powers to stop and search
Amendments to police powers of arrest: Serious Organised Crime and Police
Act 2005. (SOCAPA)
Time limits on detention in police custody
Rights of suspects under s.56 and s.58 of PACE, as amended by SOCAPA.
Explain the powers of the police to grant Rollo bail and impose bail conditions on
him.
[11]
Credit reference to:
•
•
•
•
•
Police and Criminal Evidence Act s.38 - power to grant bail
Role of custody officer
Circumstances where bail may not be granted
Criminal Justice and Public Order Act 1994, s.27 - power to impose bail
conditions
Examples of bail conditions
GCE LAW Specimen Assessment Materials 56
Q.4
(a)
In the light of reported case law and other sources of law, consider whether Molly
would have a defence on these facts.
[14]
Credit reference to:
•
•
•
•
(b)
Criminal Law Act 1967, s.3 - reasonable force in prevention of crime
Common law defence of private defence
Force must be reasonable in the circumstances:
Mistaken belief in need to use force: Gladstone Williams, Shaw, Scarlett,
Owino, Anthony Edward Martin, David Paul Martin.
Explain how the jury for Molly's case would be selected for service when it goes to
the Crown Court.
[11]
Credit reference to:
•
•
•
•
•
Jury Act 1974 as amended by Criminal Justice Act 2003
Age and residence qualifications
Abolition of category of those excusable as of right
Process of selection for service
Rights of prosecution and defence to challenge jurors
GCE LAW Specimen Assessment Materials 57
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW: FREEDOM,THE STATE AND
THE INDIVIDUAL
OPTION THREE: FREEDOM OF THE INDIVIDUAL AND PROTECTION OF CIVIL
RIGHTS
Q.1
(a)
In the light of reported case law and other sources of law, advise Aziz as to the
legality of the actions of the police.
[14]
Credit references to:
•
Police and Criminal Evidence Act 1984 (PACE); Codes A, C and G.
•
Police power to stop and search: ss.1-3; grounds for search; reasonable
suspicion, procedural requirements of a valid search.
•
Power to arrest: PACE s.24, as amended by Serious Organised Crime and
Police Act 2005. Requirement to caution before interview.
•
Time limits on detention: PACE s.41 as amended by Criminal Justice Act
2003 and SOCAPA 2005. Detention reviews: PACE s.40.
•
Right to have someone informed of arrest (s.56) and to consult a solicitor
(s.58); when these rights may be delayed.
•
Fingerprints and DNA samples: PACE s.61 and s.65; may be retained under
s.82 of the Criminal Justice and Police Act 2001.
Quality of Written Communication
The relevant Codes of Practice require that wherever candidates are expected to
write in continuous prose, the candidate's quality of written communication should be
assessed. The quality of written communication is embedded in Assessment Objective
3. As such, this element of the assessment will take place by marking the candidate's
script as a whole.
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation.
This is achieved through their selection of legal authorities, by appropriate
methodologies and by their ability to apply the law to a given question. They
support their conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact
situation. This is achieved through their selection of legal authorities, by
appropriate methodologies and by their ability to apply the law to a given
question and support their conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how
the law operates, or apply the law to a given fact situation in a partly
accurate and occasionally unsubstantiated way. This is achieved through a
limited selection of legal authorities and limited ability to apply the law to
a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how
the law operates or apply the law to a given factual situation in a generally
inaccurate and unsubstantiated way. There will be little or no reference to legal
authorities and points will not be developed. There will be very limited
evidence of structure in the candidate's response.
GCE LAW Specimen Assessment Materials 58
(b)
Explain the functions of the magistrates court in hearing Aziz's case.
[11]
Credit references to:
•
•
•
•
•
•
Criminal Justice Act 2003
Magistrates courts as courts of summary jurisdiction
Summary offences
Offences which are triable either way.
Powers of punishment; committal to Crown Court for sentence.
Sending for trial proceedings - sending indictable only offences and triable
either way offences to the Crown Court.
Marks
2
1
Marks
8-9
6-7
3-5
0-2
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content making an entirely convincing
synoptic connection with elements of knowledge gained in understanding
legal reasoning and methods and understanding legal structures and
processes. They display a sound understanding of the practical application
of the law and are aware of current debate and criticism including the
major proposals for reform.
Candidates display an adequate knowledge and understanding of the subject
content relevant to the question and have a perception of some of the concepts
and principles underlying that subject content making a convincing synoptic
connection with elements of knowledge gained in understanding legal reasoning
and methods and understanding legal structures and processes. They display a
general understanding of the practical application of the law and are aware of
aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
concepts and principles underlying that subject content making a limited
synoptic connection with elements of knowledge gained in understanding
legal reasoning and methods and understanding legal structures and
processes. They display a limited understanding of the practical application
of the law and are aware in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant
principles. They demonstrate occasional basic insights into some of the
concepts and principles underlying the subject content making some basic
synoptic connections with basic elements of knowledge gained in
understanding legal reasoning and methods and understanding legal
structures and processes. They display a basic understanding of the
practical application of the law.
Note that the matrices will be applied to the other questions in the Unit Three paper.
GCE LAW Specimen Assessment Materials 59
Q.2
(a)
In the light of reported case law and other sources of law, advise Carol as to the
relevant law in this situation.
[14]
Credit references to:
•
•
•
•
•
•
(b)
Public Order Act 1986
Obligation upon organisers of procession to give advance notice to the
police:s.11
Powers of police to impose conditions on processions: s.12.
Power to ban processions within an area:s.13.
Powers of police to impose conditions on static assemblies: s.14.
Offences against public order: s.4, s.5., DPP v Clarke.
Explain the significance of the European Convention on Human Rights in relation to
the right to freedom of assembly and protest.
[11]
Credit references to:
•
•
•
•
•
Article 11 of the European Convention on Human Rights
Qualified rights under the European Convention on Human Rights
Article 11(2) - qualification of the right to freedom of assembly
Legitimate aims in view of which the right to freedom of assembly may be
restricted
Requirements that restrictions should be necessary and proportionate to the
legitimate aims to be achieved
GCE LAW Specimen Assessment Materials 60
Q.3
(a)
In the light of reported case law and other sources of law, consider whether Emily or
Morgan may have committed an offence.
[14]
Credit references to:
•
•
•
•
•
•
(b)
Official Secrets Act 1989
Defence: s.2
Damaging disclosure by a Crown servant
No liability for mere receipt of protected information
Disclosure of information disclosed without authorisation by Crown
servant:s.5
No defence of acting in the public interest: Shayler
Explain the extent to which the European Convention of Human Rights promotes
freedom of expression.
[11]
Credit references to:
•
•
•
•
•
Article 10 of the European Convention of Human Rights
Qualified rights under the European Convention on Human Rights
Article 10(2) - qualification of the right to freedom of expression
Legitimate aims in view of which the right under Article 10 may be restricted.
Requirement that restrictions should be necessary and proportionate to the
aim to be achieved.
GCE LAW Specimen Assessment Materials 61
Q.4
(a)
In the light of reported case law and other sources of law, consider whether Natalie
has any redress against Rufus or Celebrity Trash.
[14]
Credit references to:
•
•
•
•
•
(b)
Defamation - libel - Defamation Act 1952.
Elements of defamation - statement must tend to lower the claimant in the
estimation of right-thinking members of society; Sim v Stretch: must refer to
claimant, must be published.
Defences - justification, fair comment, absolute privilege (available to Rufus
in relation to House of Commons speech but not to television interview);
qualified privilege (not available to press on matters of public interest:
Reynolds v Times Newspapers).
Defamation Act 1996: fast-track procedure; offer of amends.
Malicious falsehood (by Celebrity Trash) - an untrue statement made with
malice which causes loss to the claimant: Defamation Act 1952, s.3. Malice
inferred where defendant knew statement was false when he published it:
Kaye v Robertson.
Explain the arguments for the abolition of civil juries in defamation cases.
[11]
Credit references to:
•
•
•
•
•
Article 8 of the European Convention on Human Rights
Qualified rights under the European Convention on Human Rights
Article 8(2) - qualification of the right to respect for one's private life
Requirements of necessity and proportionality
Potential conflict with Article 10, right to freedom of expression.
GCE LAW Specimen Assessment Materials 62
UNIT 4: UNDERSTANDING LAW IN CONTEXT: FREEDOM, THE STATE AND THE
INDIVIDUAL
OPTION ONE : CONTRACT AND CONSUMER LAW
SECTION A
Q.1
Critically evaluate the factors which have played a part in the decline of the doctrine of
freedom of contract.
[25]
Credit reference to:
•
Theory of freedom of contract and development of welfare principles – from status to
contract to status
Rise of standard form contracts.
The emergence of consumerism as a political imperative
Consumer protection legislation. Identification of the rise of consumer protection
legislation during the course of the 20th Century
Relevant citation and application of statutory provisions.
•
•
•
•
Marks
8-9
6-7
3-5
0-2
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject content
relevant to the question and a good perception of the concepts and principles
underlying that subject content. They display a sound understanding of the practical
application of the law and are aware of current debate and criticism including the major
proposals for reform.
Candidates display an adequate knowledge and understanding of the subject content
relevant to the question and have a perception of some of the concepts and principles
underlying that subject content. They display a general understanding of the practical
application of the law and are aware of aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject content
relevant to the question with limited insight into some of the concepts and principles
underlying that subject content. They display a limited understanding of the practical
application of the law and are aware in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject content
relevant to the question and/or identify some of the relevant principles. They
demonstrate occasional basic insights into some of the concepts and principles
underlying the subject content. They display a basic understanding of the practical
application of the law.
GCE LAW Specimen Assessment Materials 63
AO2
Marks
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an accurate and
well-substantiated application of the law to a given fact situation. This is achieved
11-13 through their selection of legal authorities, by appropriate methodologies and by their
ability to apply the law to a given question. They support their conclusions by citation,
analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a generally
accurate and substantiated application of the law to a given fact situation. This is
7-10 achieved through their selection of legal authorities, by appropriate methodologies and
by their ability to apply the law to a given question and support their conclusions by
citation.
Candidates demonstrate a limited evaluation of some of the points of how the law
operates, or apply the law to a given fact situation in a partly accurate and occasionally
5-6
unsubstantiated way. This is achieved through a limited selection of legal authorities
and limited ability to apply the law to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how the law
operates or apply the law to a given factual situation in a generally inaccurate and
0-2
unsubstantiated way. There will be little or no reference to legal authorities and points
will not be developed. There will be very limited evidence of structure in the
candidate's response.
Marks
3
2
1
0
AO3
Presents a wholly logical and coherent argument and provides clear application
using appropriate legal terminology. This does not mean that there are no errors in
grammar, punctuation and spelling but these will only be occasional.
Presents a mostly logical and coherent argument and provides a reasonably
adequate application using appropriate legal terminology. Whilst there may be
errors in grammar, punctuation and spelling, these are not enough to detract from a
mostly effective communication of meaning.
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and spelling,
although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate use of
legal terminology. There are significant errors of grammar, punctuation and
spelling which detract from communication of meaning.
Note that the matrices will be applied to the other Section A questions in the Unit Four paper.
GCE LAW Specimen Assessment Materials 64
Q.2
Critically evaluate the reforms of consumer protection law brought about by the Enterprise
Act 2002.
[25]
Credit reference to:
•
•
•
•
Q.3
New approval scheme for Codes of Practice.
New injunction regime.
OFT role.
Part VIII of the Act and specific rules for breaches of domestic and community law.
Consider the impact of human rights legislation in consumer law.
[25]
Credit reference to:
•
•
•
•
Q.4
Human rights as a source of English and Welsh law and as a principle for declaring
legislation as being incompatible.
Wilson v Secretary of State for Trade and Industry (2003) and the human rights even
of finance companies.
Failure to abide by consumer credit regulations leading to the unenforceability of the
credit extended by virtue of section 127(3) of the Consumer Credit Act 1974 –
disproportionate?
Reform introduced by Consumer Credit Act 2006.
"As a post-contractual promise, a guarantee issued by a manufacturer does not provide the
consumer with any rights".
Critically examine this statement.
[25]
Credit reference to:
•
•
•
•
•
Nature of guarantee – is it a unilateral offer?
Misrepresentation.
Consumer guarantee and FU response as promoting internal market.
Amendments made to implied terms as to quality under SGA 1979.
Treatment of purchases by credit card under the Consumer Credit Act 2006.
GCE LAW Specimen Assessment Materials 65
SECTION B
Q.5
(a)
Explain the impact of the test of "unfair relationships" on consumer credit law in
England and Wales.
[11]
Credit references to:
•
The old test of extortionate credit
•
Interest rate ceilings and impact of
•
Various techniques used to increase the overall charge to consumers while
keeping APR within tolerable limits
•
The concept of unfairness in consumer law
•
Indicative or grey list of examples of the application of the unfair credit test
Quality of Written Communication
The quality of written communication in this unit is embedded in Assessment
Objective 3 below.
Marks
2
1
Marks
8-9
6-7
3-5
0-2
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content. They display a sound understanding
of the practical application of the law and are aware of current debate and
criticism including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the
subject content relevant to the question and have a perception of some of
the concepts and principles underlying that subject content. They display a
general understanding of the practical application of the law and are aware
of aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
concepts and principles underlying that subject content. They display a
limited understanding of the practical application of the law and are aware
in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant
principles. They demonstrate occasional basic insights into some of the
concepts and principles underlying the subject content. They display a
basic understanding of the practical application of the law.
GCE LAW Specimen Assessment Materials 66
(b)
Evaluate the test of unfair relationships, and explain the extent to which the courts
can refer to Hansard and other extrinsic aids.
[14]
Credit reference to:
•
Difficulty of determining Parliamentary intention
•
The process of legislation and interpretation
•
Pepper v Hart and other appropriate citation
•
EU Consumer Credit Directive. Travaux Preparatoires, e.g. Black–Clawson
International Ltd v Papierwerke Waldhof-Aschaffenburg AG (1975).
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation,
making an entirely convincing synoptic connection with elements of skills
gained in understanding legal reasoning, personnel and methods and
understanding legal values, structures and processes.
This is achieved
through their selection of legal authorities, by appropriate methodologies and
by their ability to apply the law to a given question. They support their
conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or
a generally accurate and substantiated application of the law to a given fact
situation. making a convincing synoptic connection with elements of skills
gained in understanding legal reasoning, personnel and methods and
understanding legal values, structures and processes. This is achieved
through their selection of legal authorities, by appropriate methodologies
and by their ability to apply the law to a given question and support their
conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how the
law operates, or apply the law to a given fact situation in a partly accurate and
occasionally unsubstantiated way; making a limited synoptic connection with
elements of skills gained in understanding legal reasoning, personnel and
methods and understanding legal values, structures and processes. This is
achieved through a limited selection of legal authorities and limited ability to
apply the law to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how
the law operates or apply the law to a given factual situation in a generally
inaccurate and unsubstantiated way; making some basic synoptic connection
with elements of skills gained in understanding legal reasoning, personnel and
methods and understanding legal values, structures and processes. There will
be little or no reference to legal authorities and points will not be developed.
There will be very limited evidence of structure in the candidate's response.
Note that the matrices will be applied to the other Section B questions in the Unit
Four paper
GCE LAW Specimen Assessment Materials 67
Q.6
(a)
Explain the significance of the approach of the European Parliament in promoting
"minimum harmonisation of rules in this area".
[11]
Credit reference to:
•
•
•
•
(b)
Each member state adopts the rules dealing with consumer credit
There is nothing to prevent a member state from giving greater consumer
protection to its consumers under domestic regulations – this approach does
at first sight militate against uniform standards within the EU
Discussion of differences between the new Consumer Credit Act 2006 and
the proposed Consumer Credit Directive.
Inconsistency with the approach under the draft Consumer Credit Directive
with the UK Early Settlement Regulations – potential conflict and discussion
of supremacy of European Law.
Evaluate the mechanisms for the reform of law in the context of consumer credit.
[14]
Credit reference to:
•
•
•
•
•
•
The role of the Law Commission in terms of implementation of European
Directives in the context of consumer credit, e.g. unfair terms in consumer credit.
Relationship of Law Commission with the European reform agenda, e.g.
European Contract Law.
Function of Law Commission: Identifying anomalies in the law,
consolidation function and modernisation agenda, including addressing
examples from foreign law
The role of pressure groups on informing the approach adopted in Europe, for
example, research was commissioned by the UK finance industry to assess
the impact of the directive. This research was well documented and was
undertaken by OXERA. The key findings of this research show that the
impact of implementation of the 2005 proposals would have reduced the
availability of credit in the UK.
Impact of reform and the development of an integrated EU consumer credit
market.
Policy considerations and careful economic analysis as part of the process of
promoting an EU-wide reform proposal. A fully integrated internal market
for consumer credit can in principle be expected to lead to economic growth;
more varied credit products, lower interest rates for consumers and increased
market efficiency.
GCE LAW Specimen Assessment Materials 68
UNIT 4: UNDERSTANDING LAW IN CONTEXT: FREEDOM ,THE STATE AND THE
INDIVIDUAL
OPTION TWO: CRIMINAL LAW AND JUSTICE
SECTION A
Q.1
Examine critically the approach taken by the courts in determining whether an offence is one
of strict liability.
[25]
Credit reference to:
•
•
Meaning of strict liability - cases such as Callow v Tillstone, Larsonneur
Presumption in favour of mens rea: Sweet v Parsley, Gammon v A-G of Hong Kong,
B v DPP, K v DPP, Kumar.
Interpretation of the words of a statute
Offences which are not "truly criminal"
Matters of social concern: Shah v Harrow B.C.
Proposals for reform: Draft Criminal Code Bill
•
•
•
•
Marks
8-9
6-7
3-5
0-2
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject content
relevant to the question and a good perception of the concepts and principles
underlying that subject content. They display a sound understanding of the
practical application of the law and are aware of current debate and criticism
including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the subject
content relevant to the question and have a perception of some of the concepts and
principles underlying that subject content. They display a general understanding of
the practical application of the law and are aware of aspects of current debate and
criticism.
Candidates display a limited knowledge and understanding of the subject content
relevant to the question with limited insight into some of the concepts and
principles underlying that subject content. They display a limited understanding of
the practical application of the law and are aware in general terms of some of the
current criticisms.
Candidates display a basic knowledge and understanding of the subject content
relevant to the question and/or identify some of the relevant principles. They
demonstrate occasional basic insights into some of the concepts and principles
underlying the subject content. They display a basic understanding of the practical
application of the law.
GCE LAW Specimen Assessment Materials 69
AO2
Marks
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an accurate
and well-substantiated application of the law to a given fact situation. This is
11-13 achieved through their selection of legal authorities, by appropriate methodologies
and by their ability to apply the law to a given question. They support their
conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact situation.
7-10 This is achieved through their selection of legal authorities, by appropriate
methodologies and by their ability to apply the law to a given question and support
their conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how the law
operates, or apply the law to a given fact situation in a partly accurate and
5-6
occasionally unsubstantiated way. This is achieved through a limited selection of
legal authorities and limited ability to apply the law to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how the
law operates or apply the law to a given factual situation in a generally inaccurate
0-2
and unsubstantiated way. There will be little or no reference to legal authorities and
points will not be developed. There will be very limited evidence of structure in the
candidate's response.
Marks
3
2
1
0
AO3
Presents a wholly logical and coherent argument and provides clear application
using appropriate legal terminology. This does not mean that there are no errors in
grammar, punctuation and spelling but these will only be occasional.
Presents a mostly logical and coherent argument and provides a reasonably
adequate application using appropriate legal terminology. Whilst there may be
errors in grammar, punctuation and spelling, these are not enough to detract from a
mostly effective communication of meaning.
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and spelling,
although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate use of
legal terminology. There are significant errors of grammar, punctuation and
spelling which detract from communication of meaning.
Note that the matrices will be applied to the other Section A questions in the Unit Four paper
GCE LAW Specimen Assessment Materials 70
Q.2
Examine critically the role of the Crown Prosecution Service within the criminal justice system.
[25]
Credit reference to:
•
•
•
•
•
Q.3
"The law relating to bail does not place enough emphasis on protecting the public against
suspected offenders." Discuss.
[25]
Credit reference to:
•
•
•
•
•
Q.4
Prosecution of Offences Act 1985
Reasons for introduction of Crown Prosecution Service
Functions of Crown Prosecutors
How the decision whether to prosecute is taken: Code for Crown Prosecutors
Glidewell Report and recent reforms of the CPS
Bail Act 1976, s.4 - presumption in favour of bail
Powers of magistrates courts to grant bail
Grounds for refusal of bail
Power to impose bail conditions, with examples
Powers of police to grant bail and impose bail conditions
To what extent are the courts prepared to recognise a defence of necessity?
[25]
Credit reference to:
•
•
•
•
R v Dudley and Stephens
Re A (conjoined twins: surgical separation)
Duress of circumstances: Willer, Conway, Martin
Limits to recognition of defence: Quayle and others: A-G's Reference (No.2 of 2004),
Shayler
GCE LAW Specimen Assessment Materials 71
SECTION B
Q.5
(a)
Explain the impact which this draft bill, if enacted, would have on the law relating to
offences against the person.
[11]
Credit references to:
•
Offences Against the Person Act 1861, s. 18, s.20 and s.47; Criminal Justice
Act 1988, s.39.
Actus reus and mens rea in relation to these offences.
Case law on grievous bodily harm, malicious wounding and actual bodily
harm.
Causing mental injury; Ireland and Burstow.
•
•
•
Marks
2
1
Marks
8-9
6-7
3-5
0-2
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
principles underlying that subject content. They display a sound understanding
of the practical application of the law and are aware of current debate and
criticism including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the
subject content relevant to the question and have a perception of some of
the concepts and principles underlying that subject content. They display a
general understanding of the practical application of the law and are aware
of aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
concepts and principles underlying that subject content. They display a
limited understanding of the practical application of the law and are aware
in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant
principles. They demonstrate occasional basic insights into some of the
concepts and principles underlying the subject content. They display a
basic understanding of the practical application of the law.
GCE LAW Specimen Assessment Materials 72
(b)
Evaluate the extent to which the courts are able to refer to extrinsic aids when
interpreting a newly-enacted statute relating to offences against the person.
[14]
Credit reference to:
•
•
•
•
•
•
problems of determining Parliament's intention
Pepper v Hart and the limits on reference to Hansard
reports of committees or the Law Commission; I v DPP (2001, HL).
Government White Papers which have resulted in legislation
judicial interpretation
Human Rights Act 1998, sections 2,3 and 6.
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation,
making an entirely convincing synoptic connection with elements of skills
gained in understanding legal reasoning, personnel and methods and
understanding legal values, structures and processes.
This is achieved
through their selection of legal authorities, by appropriate methodologies and
by their ability to apply the law to a given question. They support their
conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or
a generally accurate and substantiated application of the law to a given fact
situation. making a convincing synoptic connection with elements of skills
gained in understanding legal reasoning, personnel and methods and
understanding legal values, structures and processes. This is achieved
through their selection of legal authorities, by appropriate methodologies
and by their ability to apply the law to a given question and support their
conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how the
law operates, or apply the law to a given fact situation in a partly accurate and
occasionally unsubstantiated way; making a limited synoptic connection with
elements of skills gained in understanding legal reasoning, personnel and
methods and understanding legal values, structures and processes. This is
achieved through a limited selection of legal authorities and limited ability to
apply the law to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how
the law operates or apply the law to a given factual situation in a generally
inaccurate and unsubstantiated way; making some basic synoptic connection
with elements of skills gained in understanding legal reasoning, personnel and
methods and understanding legal values, structures and processes. There will
be little or no reference to legal authorities and points will not be developed.
There will be very limited evidence of structure in the candidate's response.
Note that the matrices will be applied to the other Section B questions in the Unit
Four paper
GCE LAW Specimen Assessment Materials 73
Q.6
(a)
Explain the advantages and disadvantages which might result from the codification of
the criminal law.
[11]
Credit references to:
•
•
•
•
•
•
•
(b)
clarification of the actus reus of offences
clarification of the meaning of mens rea
uniformity in the interpretation and application of the law
removal of inconsistencies in the law
bringing the criminal law into line with the Human Rights Act 1998
loss of flexibility in developing the law to meet social change
loss of opportunity for the courts to develop the law to mitigate injustice
Critically consider the role of the Law Commission in promoting reform of the
criminal law.
[14]
Credit references to:
•
•
•
•
•
The role of the Law Commission in developing the law
Functions of the Law Commission: identifying anomalies, modernising agenda
The relationship of the Law Commission to the Government
Publication of reports and draft bills
Lack of progress towards codification of the criminal law.
GCE LAW Specimen Assessment Materials 74
UNIT 4: UNDERSTANDING LAW IN CONTEXT: FREEDOM, THE STATE AND THE
INDIVIDUAL
OPTION THREE: FREEDOM OF THE INDIVIDUAL AND PROTECTION OF CIVIL
RIGHTS
SECTION A
Q.1
"All forms of unjustified discrimination have now been outlawed in the United Kingdom".
Critically examine this statement.
[25]
Credit references to:
•
•
•
•
•
•
Sex Discrimination Act 1975
Race Relations Act 1976
Disability Discrimination Act 1995
Equality Act 2006
Protections arising from EU law, e.g., Employment Directive 2000
Extension of protection to sexual orientation, change of gender, age, religion,
increased protection from discrimination on grounds of race.
Marks
8-9
6-7
3-5
0-2
AO1
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject content
relevant to the question and a good perception of the concepts and principles
underlying that subject content. They display a sound understanding of the
practical application of the law and are aware of current debate and criticism
including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the subject
content relevant to the question and have a perception of some of the concepts and
principles underlying that subject content. They display a general understanding of
the practical application of the law and are aware of aspects of current debate and
criticism.
Candidates display a limited knowledge and understanding of the subject content
relevant to the question with limited insight into some of the concepts and
principles underlying that subject content. They display a limited understanding of
the practical application of the law and are aware in general terms of some of the
current criticisms.
Candidates display a basic knowledge and understanding of the subject content
relevant to the question and/or identify some of the relevant principles. They
demonstrate occasional basic insights into some of the concepts and principles
underlying the subject content. They display a basic understanding of the practical
application of the law.
GCE LAW Specimen Assessment Materials 75
AO2
Marks
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an accurate
and well-substantiated application of the law to a given fact situation. This is
11-13 achieved through their selection of legal authorities, by appropriate methodologies
and by their ability to apply the law to a given question. They support their
conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates, or a
generally accurate and substantiated application of the law to a given fact situation.
7-10 This is achieved through their selection of legal authorities, by appropriate
methodologies and by their ability to apply the law to a given question and support
their conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how the law
operates, or apply the law to a given fact situation in a partly accurate and
5-6
occasionally unsubstantiated way. This is achieved through a limited selection of
legal authorities and limited ability to apply the law to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how the
law operates or apply the law to a given factual situation in a generally inaccurate
0-2
and unsubstantiated way. There will be little or no reference to legal authorities and
points will not be developed. There will be very limited evidence of structure in the
candidate's response.
Marks
3
2
1
0
AO3
Presents a wholly logical and coherent argument and provides clear application
using appropriate legal terminology. This does not mean that there are no errors in
grammar, punctuation and spelling but these will only be occasional.
Presents a mostly logical and coherent argument and provides a reasonably
adequate application using appropriate legal terminology. Whilst there may be
errors in grammar, punctuation and spelling, these are not enough to detract from a
mostly effective communication of meaning.
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and spelling,
although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate use of
legal terminology. There are significant errors of grammar, punctuation and
spelling which detract from communication of meaning.
Note that the matrices will be applied to the other Section A questions in the Unit Four paper.
GCE LAW Specimen Assessment Materials 76
Q.2
Critically evaluate the extent to which the law provides for the control and accountability over
the use of secret surveillance by the police?
[25]
Credit references to:
•
•
•
•
Q.3
European Convention on Human Rights
Police Act 1997, powers to enter premises and plant devices, controls
Regulation of Investigatory Powers Act 2000, directed and intrusive surveillance,
controls
RIPA Tribunal: powers, secrecy, circumvention of Human Rights Act 1998
Consider the extent to which the common law power to arrest for breach of the peace imposes
limitations on the exercise of the right to freedom of expression.
[25]
Credit references to:
•
•
•
•
•
Q.4
Right to freedom of expression: European Convention on Human Rights, Art.10
Definition of breach of the peace: R v Howell
Powers to arrest for apprehended breach of the peace: Duncan v Jones, Moss v
McLachlan; Bibby v CC of Essex, Redmond-Bate v DPP, R(Laporte) v CC of
Gloucestershire (2004)
Impact of Human Rights Act 1998
Circumstances in which powers should be used: Steel v UK
To what extent have the courts succeeded in creating a right to privacy out of the law relating
to breach of confidence?
[25]
Credit references to:
•
•
•
•
European Convention on Human Rights, Art.8
No general right to privacy: Kaye v Robertson
Tort of breach of confidence; Prince Albert v Strange, Stephenson v Avery
Post-Human Rights Act developments - Douglas v Hello!, Campbell v MGN,
Venables and Thompson v News Group Newspapers.
GCE LAW Specimen Assessment Materials 77
SECTION B
Q.5
(a)
Explain the extent to which the Human Rights Act 1998 will develop the common
law so as to create obligations upon individuals to act in ways which respect the
Convention rights of other individuals.
[11]
Credit references to:
•
•
•
•
•
The interpretative obligation under s.3 of the HRA 1998
Position of the courts as public bodies under s.6 of the HRA 1998
Refusal of courts to use the HRA 1998 to create new causes of action.
Whether the HRA 1998 creates free-standing rights: Douglas v Hello!
Obligation of the courts as public bodies to respect convention rights of
individuals: Venables and Thompson v News Group Newspapers
Quality of Written Communication
The quality of written communication in this unit is embedded in Assessment
Objective 3 below.
Marks
2
1
AO3
Presents a wholly logical and coherent argument and provides clear
application using appropriate legal terminology. This does not mean that
there are no errors in grammar, punctuation and spelling but these will
only be occasional.
Presents a mostly logical and coherent argument and provides a
reasonably adequate application using appropriate legal terminology.
Whilst there may be errors in grammar, punctuation and spelling, these
are not enough to detract from a mostly effective communication of
meaning.
AO1
Marks
Knowledge and Understanding
Candidates display a sound knowledge and understanding of the subject
content relevant to the question and a good perception of the concepts and
8-9
principles underlying that subject content. They display a sound understanding
of the practical application of the law and are aware of current debate and
criticism including the major proposals for reform.
Candidates display an adequate knowledge and understanding of the
subject content relevant to the question and have a perception of some of
6-7
the concepts and principles underlying that subject content. They display a
general understanding of the practical application of the law and are aware
of aspects of current debate and criticism.
Candidates display a limited knowledge and understanding of the subject
content relevant to the question with limited insight into some of the
3-5
concepts and principles underlying that subject content. They display a
limited understanding of the practical application of the law and are aware
in general terms of some of the current criticisms.
Candidates display a basic knowledge and understanding of the subject
content relevant to the question and/or identify some of the relevant
0-2
principles. They demonstrate occasional basic insights into some of the
concepts and principles underlying the subject content. They display a
basic understanding of the practical application of the law.
GCE LAW Specimen Assessment Materials 78
Q.5
(b)
Evaluate the potential effects of the Human Rights Act 1998 on the doctrine of
precedent.
[14]
Credit references to:
•
Court hierarchy
•
When higher courts may depart from precedent: House of Lords Practice
Statement 1966, Young v Bristol Aeroplane
•
Position of lower courts
•
Whether obligation to act compatibly with Convention rights obliges lower
courts to depart from precedent
Marks
1
0
Marks
11-13
7-10
3-6
0-2
AO3
Presents effective communication using appropriate legal terminology.
Nonetheless, there may be several errors in grammar, punctuation and
spelling, although not enough to detract from communication of meaning.
Fails to communicate and present logical argument, including inadequate
use of legal terminology. There are significant errors of grammar,
punctuation and spelling which detract from communication of meaning.
AO2
Skills
Candidates demonstrate a sound evaluation of how the law operates, or an
accurate and well-substantiated application of the law to a given fact situation,
making an entirely convincing synoptic connection with elements of skills
gained in understanding legal reasoning, personnel and methods and
understanding legal values, structures and processes. This is achieved
through their selection of legal authorities, by appropriate methodologies and
by their ability to apply the law to a given question. They support their
conclusions by citation, analysis and analogy.
Candidates demonstrate an adequate evaluation of how the law operates,
or a generally accurate and substantiated application of the law to a given
fact situation. making a convincing synoptic connection with elements of
skills gained in understanding legal reasoning, personnel and methods
and understanding legal values, structures and processes. This is achieved
through their selection of legal authorities, by appropriate methodologies
and by their ability to apply the law to a given question and support their
conclusions by citation.
Candidates demonstrate a limited evaluation of some of the points of how the
law operates, or apply the law to a given fact situation in a partly accurate and
occasionally unsubstantiated way; making a limited synoptic connection with
elements of skills gained in understanding legal reasoning, personnel and
methods and understanding legal values, structures and processes. This is
achieved through a limited selection of legal authorities and limited ability to
apply the law to a given question.
Candidates demonstrate a basic evaluation of one of the simpler points of how
the law operates or apply the law to a given factual situation in a generally
inaccurate and unsubstantiated way; making some basic synoptic connection
with elements of skills gained in understanding legal reasoning, personnel
and methods and understanding legal values, structures and processes. There
will be little or no reference to legal authorities and points will not be
developed. There will be very limited evidence of structure in the candidate's
response.
Note the matrices will be applied to the other questions in Section B of the Unit 4
paper.
GCE LAW Specimen Assessment Materials 79
Q.6
(a)
Explain the impact of the Human Rights Act 1998.
[11]
Credit references to:
•
the European Convention on Human Rights
•
the constitutional impact of the HRA 1998; the role of the courts and
Parliamentary sovereignty.
•
the interpretative obligation under the HRA 1998; giving effect to
Convention rights.
•
the position of public authorities under the HRA 1998
(b)
Critically consider the purposive approach to statutory interpretation as applied in the
context of the Human Rights Act 1998.
[14]
Credit references to:
•
•
•
•
the purposive approach arises where the literal approach would produce a
result contrary to the purpose of the statute
examples of cases such as Bentham (2005) - fingers in a jacket giving the
impression of a firearm treated as possession of an imitation firearm purpose of statute to prevent public being put in fear - reversed by HL where the words are plain, the literal approach prevails.
judges may imply or substitute words which are necessarily implied by the
statute: Ghaidan v Godin-Mendoza
boundary between statutory interpretation and judicial legislation - Magor
and St Mellons RDC v Newport Corpn; Re S.
GCE Law SAMS (2009-10)/AOB
29 August 2007