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GCE MARKING SCHEMELAWAS/AdvancedJANUARY 2011
INTRODUCTIONThe marking schemes which follow were those used by WJEC for the January 2011examination in GCE LAW. They were...
LAW - LA 1            UNDERSTANDING LEGAL VALUES, STRUCTURES & PROCESSESQ.1   (a)     Explain the importance of the rule o...
(b)   Discuss the impact of the Human Rights Act 1998 on the legal system of      England and Wales.                      ...
Q.2   (a)   Explain the sources of funding available to access justice in England and            Wales.                   ...
(b)   Discuss the extent to which there are unmet legal needs in England and      Wales.                                  ...
Q.3   (a)   Explain the role of the institutions of the European Union.              [14]            Credit reference to: ...
(b)   Evaluate the role of the European Court of Justice in the development of      European law.                         ...
Q.4   (a)   Explain the powers available to grant bail.                                  [14]            Credit reference ...
(b)   Discuss the role of the Crown Prosecution Service within the English and      Welsh legal system.                   ...
Q.5   (a)   Explain the civil appeal process                                             [14]            Credit reference ...
(b)   Discuss the nature of Equitable Remedies available to the courts in England      and Wales.                         ...
Q.6   (a)   Explain the different types of jury trial available in England and Wales.   [14]            Credit reference t...
(b)       To what extent is trial by jury reliable?                                    [11]          Credit reference to: ...
LAW - LA2                   UNDERSTANDING LEGAL REASONING, PERSONNEL AND METHODSQ.1 Study the text below and answer the qu...
(a)   Explain the appointment of High Court Judges.                            [14]      Credit reference to:      • CRA 2...
(b)   To what extent are High Court Judges representative of society?                   [11]      Credit reference to:    ...
Q.2   Study the text and answer the questions based on it.      “Pressure groups are an important element in promoting the...
AO1Marks                           Knowledge and Understanding        Candidates display a sound knowledge and understandi...
(b)   Evaluate the role of the Law Commission in the law reform process in      England and Wales.                        ...
Q.3   Study the text and answer the questions based on it.      “Cases do not necessarily stay as good law for ever. Case ...
AO1Marks                          Knowledge and Understanding        Candidates display a sound knowledge and understandin...
(b)   Evaluate the advantages and disadvantages of the doctrine of precedent in      English and Welsh law.               ...
Q.4   Study the text and answer the questions based on it.      House of Commons Written Answer June 2010      Lisa Nandy:...
(b)   Evaluate the primary and secondary sources of European law.                           [11]      Credit reference to:...
LAW - LA3                       UNDERSTANDING SUBSTANTIVE LAW                     OPTION 1 - CONTRACT AND CONSUMER LAW    ...
AO2Marks                                         Skills        Candidates demonstrate a sound evaluation of how the law   ...
(b)   Explain the importance of legislation and the approach taken by judges in the      interpretation of statutes in the...
Q.2   Study the text below and answer the questions based on it.      John is the tenant of “The Moon” public house in Tew...
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
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  1. 1. GCE MARKING SCHEMELAWAS/AdvancedJANUARY 2011
  2. 2. INTRODUCTIONThe marking schemes which follow were those used by WJEC for the January 2011examination in GCE LAW. They were finalised after detailed discussion at examinersconferences by all the examiners involved in the assessment. The conferences were heldshortly after the papers were taken so that reference could be made to the full range ofcandidates responses, with photocopied scripts forming the basis of discussion. The aim ofthe conferences was to ensure that the marking schemes were interpreted and applied in thesame way by all examiners.It is hoped that this information will be of assistance to centres but it is recognised at thesame time that, without the benefit of participation in the examiners conferences, teachersmay have different views on certain matters of detail or interpretation.WJEC regrets that it cannot enter into any discussion or correspondence about thesemarking schemes. Page LA1 (AS) 1 LA2 (AS) 13 LA3 (A2) - Option 1 24 LA3 (A2) - Option 2 33 LA3 (A2) - Option 3 38 LA4 (A2) - Option 1 42 LA4 (A2) - Option 2 55 LA4 (A2) - Option 3 59
  3. 3. LAW - LA 1 UNDERSTANDING LEGAL VALUES, STRUCTURES & PROCESSESQ.1 (a) Explain the importance of the rule of law in England and Wales [14] Credit reference to: • The approach of Dicey. He held that there were three elements that created the rule of law namely an absence of arbitrary power on the part of the State; equality before the law; supremacy of ordinary law. • Note the view of Hayek and also those of Raz. • The Constitutional Reform Act 2005 recognised the rule of law and the importance of the independence of the judiciary. • The principles of natural justice should be observed such as requiring an open and fair hearing with all parties being given the opportunity to put their case. • Rule of law within a wider context with overseas examples. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 errors of grammar, punctuation and spelling which detract from 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 principles underlying that subject 11-13 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 7-10 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 3-6 content. They display a limited understanding 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 0-2 insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 1
  4. 4. (b) Discuss the impact of the Human Rights Act 1998 on the legal system of England and Wales. [11] Credit reference to: • The Human Rights Act 1998 and the European Convention on Human Rights. • The role of human rights and precedent and also statutory interpretation and also trials. • The impact of the role of human rights within a modern legal system. • Human rights affecting the principles of sentencing. • Judicial appointment and the need to ensure that at least the length of appointments provides a guarantee of independence of the judiciary from the Government. • The relationship between the rule of law, human rights and morality as pervasive concepts in the development of a modern legal system. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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 0-3 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. 2
  5. 5. Q.2 (a) Explain the sources of funding available to access justice in England and Wales. [14] Credit reference to: • Community Legal Service. • Criminal Defence Service and Public Defender Service. • The various advice schemes. • Alternative methods of funding. • Conditional fee arrangements. • The role of the Legal Services Commission. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 of grammar, punctuation and spelling which detract from 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 principles underlying that subject content. They 11-13 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 7-10 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 3-6 content. They display a limited understanding 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 0-2 insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 3
  6. 6. (b) Discuss the extent to which there are unmet legal needs in England and Wales. [11] Credit reference to: • The problems of advice deserts was considered by the Constitutional Affairs Select Committee in 2004. There is plenty of evidence of the dilemma of rurality and indeed this is one of the major issues being addressed in the allocation of legal aid. • The establishment of Community Legal Service which seeks to develop a joined up approach to legal services. • The significance of the third sector. • The bringing together of consortia under one bidding process and the importance of efficiency. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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. 0-3 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. 4
  7. 7. Q.3 (a) Explain the role of the institutions of the European Union. [14] Credit reference to: • The emphasis is on presenting cases “on paper”. Lawyers are required to present their arguments in a written form and there is far less reliance on oral presentation of a case. • The difficulty of operating a European court where there is a wide range of languages involved though French is the traditional language of the court. • The use of the Advocate General. The independent lawyer is not used in English law. However in the European Court of Justice the Advocate General will present his findings on the law after the parties have made their submissions. • The deliberations of the judges are secret and where necessary the decision will be made by a majority vote. However when the judgement is delivered again in written form it is signed by all the judges who formed part of the panel so that it is not known if any judges disagreed with the majority. This contrasts strongly with the English system. • The European Court of Justice is not bound by its own previous decisions. • The court has wide rights to study extrinsic material when deciding the meaning of provisions and may study preparatory documents. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 of grammar, punctuation and spelling which detract from 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 principles underlying that subject content. They 11-13 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 7-10 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 3-6 content. They display a limited understanding 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 0-2 insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 5
  8. 8. (b) Evaluate the role of the European Court of Justice in the development of European law. [11] Credit reference to: • Structure, member ship and powers of the Parliament Commission Council • The court sits in Luxembourg and has 27 judges one from each member state • The function of the ECJ as set out in Article 19 of TEU. • The court sits in Luxembourg and has 27 judges one from each member state. The court is assisted by 9 advocates general. • The court’s task is to ensure that the law is applied uniformly in all member states. For an early example of whether a member state has failed to fulfil its obligations in respect of the United Kingdom see, for example, Re Tachographs (1979). • Preliminary rulings and Article 234 (TFEU). • Discretionary referrals, for example, Bulmer v Bollinger (1974). Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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 0-3 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. 6
  9. 9. Q.4 (a) Explain the powers available to grant bail. [14] Credit reference to: • Police powers to grant bail – Section 38 of PACE as amended by the Criminal Justice and Public Order Act 1994. • Conditional bail – the types of conditions include asking the suspect to surrender his passport, report at regular intervals to the police station or get another person to stand surety for him. • Where the police do not grant bail they must bring the defendant in front of the Magistrates Court at the first possible opportunity. Bail can be granted by the Magistrates Court and also by the Crown Court. • The Bail Act 1976 whether it is a presumption in favour of bail so long as there is no significant risk of further offending or where there are exceptional circumstances taking into account the nature of the offence such as murder or manslaughter or rape. • In all cases bail can be refused if there are reasonable grounds for believing that the defendant would fail to surrender or would commit further offences or would interfere with witnesses. • Some of those in prison are awaiting trial and could have been given bail and there is a problem of balancing this against the need to protect the public. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, 1 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 0 grammar, punctuation and spelling which detract from 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 principles underlying that subject content. They 11-13 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 7-10 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 3-6 some of the concepts and principles underlying that subject content. They display a limited understanding 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 0-2 some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 7
  10. 10. (b) Discuss the role of the Crown Prosecution Service within the English and Welsh legal system. [11] Credit reference to: • Deciding on what offences should be charged. • Reviewing all cases passed to them by the police. • Being responsible for the case as it has been passed to them by the police. • Conducting the prosecution of cases in the Magistrates Court. • Conducting cases in the Crown Court – this can be done either by instructing an independent lawyer to act as Prosecuting Council of the Court or a Crown Prosecutor with the appropriate advocacy qualification. • Discontinuation of cases by reference to the evidential test and the public interest test. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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. 0-3 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. 8
  11. 11. Q.5 (a) Explain the civil appeal process [14] Credit reference to: • The main Appellate Courts are the Divisional Courts, the Court of Appeal and the House of Lords. • The Divisional Courts, the QBD which has two main functions to hear appeals by way of case stated from the criminal cases; it also has supervisory prowess over inferior courts and tribunals and also over the actions and decisions of public bodies and Government Ministers through judicial review; the Chancery Division Court; the Family Division Court. • The Court of Appeal Civil Division was set up by the Judicature Act 1873 and was initially intended to be the final Court of Appeal. However the position of the House of Lords and the final Appellate Court was reinstated by the Appellate Jurisdiction Act 1876. Today the Court of Appeal has two Divisions, Civil and Criminal. The Civil Division is the main Appellate Court for civil cases and is headed by the Master of the Rolls. The Court of Appeal mainly hears appeals from the following courts – all three Divisions of the High Court; the County Court for multi-track cases; the upper tier tribunal. • The Supreme Court is the final Court of Appeal in England and Wales. Prior to 2009 the final Court of Appeal was the House of Lords. • The mechanisms available in terms of permission to appeal and the appeal routes in civil cases. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation 1 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 0 grammar, punctuation and spelling which detract from 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 principles underlying that subject content. They display 11-13 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 7-10 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 3-6 of the concepts and principles underlying that subject content. They display a limited understanding 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 0-2 some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 9
  12. 12. (b) Discuss the nature of Equitable Remedies available to the courts in England and Wales. [11] Credit reference to: • These are remedies which have been developed by equity and the key fact of such remedies is that they are not given automatically. The court has discretion in deciding whether or not an Equitable remedy should be granted. • Injunctions including interlocutory injunctions. • Specific performance. • Rescission. • Rectification. • Credit shall be given for appropriate citation. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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. 0-3 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. 10
  13. 13. Q.6 (a) Explain the different types of jury trial available in England and Wales. [14] Credit reference to: • Criminal and civil juries including coroner’s courts. • Candidates will be rewarded for relevant citation. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 of grammar, punctuation and spelling which detract from 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 principles underlying that subject content. They 11-13 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 7-10 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 3-6 content. They display a limited understanding 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 0-2 insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 11
  14. 14. (b) To what extent is trial by jury reliable? [11] Credit reference to: • The role of juries particularly in complex matters, for example, involving fraud. • The selection and composition of the jury. Occasional evidence emerges which supports the contention that verdicts are reached on inappropriate criteria. • Candidates will be rewarded for citation of appropriate legal research. • Candidates will be rewarded for discussion on measures proposed to limit jury trial, for example, the Roscoe Committee on Fraud Trails; the Diplock Courts and Northern Ireland. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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. 0-3 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. 12
  15. 15. LAW - LA2 UNDERSTANDING LEGAL REASONING, PERSONNEL AND METHODSQ.1 Study the text below and answer the questions based on itAppointments to the High Court 00351: High Court 2008 Stage of Gender % Ethnic Background % Disabled Professional Background % Exercise % Men 79 BME * 5 Disabled Solicitor Eligible 40 Pool Women 21 Not Disabled Barrister /Incomplete 60 Men 39 87 White 45 100 Disabled 1 2 Women 6 13 BME * 0 0 Not Disabled 44 98 Solicitor 1 2 /Incomplete Incomplete 0 0 Any Other 0 0 Barrister 39 87 Incomplete 0 0 Salaried Judicial Post 2 4 Holder – former Shortlisting Barrister Salaried Judicial Post 2 4 Holder – former Solicitor Salaried Judicial Post 1 2 Holder – no single legal background Other/Unknown 0 0 Men 17 77 White 22 100 Disabled 1 5 Solicitor 0 0 Women 5 23 BME* 0 0 Not Disabled 21 95 Barrister 20 91 /Incomplete Incomplete 0 0 Any Other 0 0 Salaried Judicial Post 1 5 Holder – former Selections Barrister made Incomplete 0 0 Salaried Judicial Post 1 5 Holder – former Solicitor Salaried Judicial Post 0 0 Holder – no single legal background Other/Unknown 0 0* = BME – Black, Minority , Ethnic Source: Judicial Statistics (2009) Extract 13
  16. 16. (a) Explain the appointment of High Court Judges. [14] Credit reference to: • CRA 2005 • Judicial Appointment Commission • Jurisdiction Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 grammar, punctuation and spelling which detract from 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 principles underlying that subject content. They 11-13 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 7-10 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 3-6 content. They display a limited understanding 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 0-2 into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 14
  17. 17. (b) To what extent are High Court Judges representative of society? [11] Credit reference to: • High Court judges are by legislation restricted to Solicitors and Barristers. • Unrepresentative of sectors of society notably women and racial minorities. • The role of judges in interpreting the law and the impact of representativeness of society as being part of the legitimacy of the legal system. • The impact of failure to ensure that judges are not a statistical cross section of society – the nature of the restrictions placed upon the appointment process in terms of the essential competencies for High Court judicial appointments. The role of the • There are around 115 High Court judges sitting in the three divisions of the High Court. Many try cases in London but in addition at each major court centre throughout the country there will be two or three High Court judges trying criminal, civil and family law cases in that area. • The role of the circuit system and the hierarchy of judges particularly when High Court judges visit the regions. • The implications of the circuit system and the fact that judges very often stay in lodgings. • The role of the High Court in the system of precedent. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their selection 8-9 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 6-7 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 4-5 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 0-3 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. 15
  18. 18. Q.2 Study the text and answer the questions based on it. “Pressure groups are an important element in promoting the reform of English and Welsh law. They are organisations of people who all believe in the same cause. Whether it is a sectional group, campaigning for personal gain, or a cause group, working towards a specific cause, they all possess strongly held views and wish to influence some aspect of society. They use many methods to influence including the use of traditional media such as newspapers but more commonly nowadays through the use of electronic media such as the internet. Other than these, the most common methods they tend to use involve carrying out petitions, distributing leaflets whilst some pressure groups employ professional lobbyists to speak to MPs on the group’s behalf.” Source – unattributed (a) Explain with examples the role of pressure groups in promoting law reform. [14] Credit reference to: • Distinguishing between groups campaigning for personal gain and groups working towards a specific cause. Examples could include the Firearms (Amendment) Act of 1997 which arose out of the Dunblane gun massacre in March 1996. • The Anti-Terrorism, Crime and Security Act 2001 arose out of the terrorist attack on the Twin Towers in New York in September 2001. One of the provisions of this Act was to allow the detention without charge of non UK citizens where the Home Secretary believes that the person’s presence in the UK is a risk to National Security. This provision was held to be a breach of Human Rights in 2005. • Pressure groups may also cause the Government to reconsider the law on certain areas, for example, the Disability Discrimination Act; the Civil Partnership Act 2004 which gave the right to same sex couples to register their partnership and have a civil ceremony. This was the result of changing attitudes to same sex partnerships. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 grammar, punctuation and spelling which detract from communication of meaning. 16
  19. 19. AO1Marks 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. They11-13 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 subject7-10 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 3-6 content. They display a limited understanding 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 0-2 insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 17
  20. 20. (b) Evaluate the role of the Law Commission in the law reform process in England and Wales. [11] Credit reference to: • The mission of the Law Commission is to make the law simpler, fairer, cheaper to use. This is anticipated in the legislation establishing the Law Commission in 1966. • The appropriateness of the Law Commission in the context of the devolved settlement – there are separate Law Commissions for Scotland, Northern Ireland but there is a combined Law Commission for England and Wales. • Reform projects are included in the Programme of Works submitted to Parliament – identification of the examples of the work of the Law Commission. • Identification of the process involved in the Law Commission cycle, for example, the publication of a Consultation Paper following research and analysis of case law, legislation and academic and profession opinion. • Credit should be given to references from the data available on the effectiveness of the Law Commission as a reforming mechanism in English law. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their selection 8-9 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 6-7 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 4-5 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 0-3 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. 18
  21. 21. Q.3 Study the text and answer the questions based on it. “Cases do not necessarily stay as good law for ever. Case law constantly evolves and cases may be overruled at a later date. In order to determine whether it is possible for a lawyer to rely on a case as authority the knowledge of the history of the case will be important. For the purposes of binding precedent a case can have direct as well as an indirect history. The direct history of a case refers to other court decisions on the same case. Indirect history of a case refers to how the case has been affected by other cases. A number of events may apply to a case in its history, for example, whether the case is applied; considered; doubted; distinguished; explained; not followed; overruled. Electronic sources of law such as Westlaw or Lawtel or LexisNexis will provide the history of a case. The current law case citatory will also provide similar information.” [Source: The English Legal System, Legal Skills Guide web site (Routledge and Cavendish] (a) Explain with appropriate examples, how judges avoid awkward precedents. [14] Credit reference to: • Applied is where a subsequent court has used the same principle with a new set of facts • Considered is where the decision in the original case was discussed but not actually applied, followed or distinguished. • Doubted is where a subsequent court doubted the decision of the original case but had no authority to overrule it. • Distinguished is where a subsequent court chooses not to follow the original decision by demonstrating that there are significant differences between the two cases even though the subsequent court is otherwise bound by the doctrine of binding precedent. • Explained is where a subsequent court further elaborates on what was meant in the original decision. • Not followed is where a decision is not followed by a court of co-ordinate jurisdiction. • Overruled is where a superior court subsequently declares that the decision in the original case is wrong. • Credit will be given for relevant citation. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 errors of grammar, punctuation and spelling which detract from communication of meaning. 19
  22. 22. AO1Marks 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. They11-13 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 that7-10 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 3-6 content. They display a limited understanding 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 0-2 insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law. 20
  23. 23. (b) Evaluate the advantages and disadvantages of the doctrine of precedent in English and Welsh law. [11] Credit reference to: • The main advantages are certainty, consistency and fairness in the law; precision; flexibility; time saving. • The main disadvantages are rigidity; complexity; illogical distinctions; slowness of growth. • Credit reference shall be given for relevant citation. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does 2 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 1 terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 through their 8-9 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 6-7 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 4-5 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. 0-3 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. 21
  24. 24. Q.4 Study the text and answer the questions based on it. House of Commons Written Answer June 2010 Lisa Nandy: To ask the Secretary of State for Business, Innovation and Skills whether he plans to seek any amendment to the EU Agency Workers Directive. [1659] Mr Davey: The agency workers directive was proposed by the European Commission in 2002, it was finally adopted by the European Council of Ministers in June 2008 and by the European Parliament in October 2008. The final version of the directive was published in December 2008 and has to be implemented by all member states into national law by December 2011. Therefore we do not intend to seek any amendment as the directive has already been finalised. The directive does foresee a review by the European Commission in December 2013 in consultation with member states and social partners at European level to review the application of the directive. This may result in proposals for amendments. This is normal practice for similar directives. Source: Parliament website (June 14 2010) (a) Explain the role of European directives in English and Welsh law. [14] Credit reference to: • Not directly applicable (Article 288). • Have a vertical direct effect if give individual rights and are clear (the Marshall case). • No horizontal direct effect (Duke v GEC Reliance). • Individual can claim against State for loss cause by failure to implement (the Francovich case). Marks AO3 Presents effective communication using appropriate legal terminology. 1 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 0 use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from 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 11-13 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 7-10 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 3-6 concepts and principles underlying that subject content. They display a limited understanding 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. 22
  25. 25. (b) Evaluate the primary and secondary sources of European law. [11] Credit reference to: • The primary sources are mainly the treaties, the most important of which is the Treaty of Rome. • The effect of the European Communities Act 1972, Section 2 (1) which states that treaties are without further enforcement to be given legal effect within the UK. Relevant cases here could be Van Duyn v Home Office (1974); Macarthys Limited v Smith (1980). • The growing influence of European law is shown in that British courts are now prepared to apply European law directly rather than wait for the European Court of Justice to make ruling on a point, for example, the Connaughton case (1996). • Secondary sources of legislation are those passed by the Institutions of the Union under Article 288. This secondary legislation is of three types: regulations, directives, and decisions. • Regulations – the relevant provisions relate to Article 288 (TFEU). • As with the regulations it is Article 288 (TFEU) that gives the power to the Union to issue directives. Note difference from the regulations in that Article 288 says that such directives bind any Member of State to which they are addressed as to the result to be achieved, while leaving the domestic agencies competence as to form and to means. Credit reference to appropriate directives such as the working time directive. • Decisions, for example, decisions issued under the power of Article 288 by the European Court of Justice. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that 2 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. 1 Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a most effective communication of meaning. 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 8-9 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 6-7 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 4-5 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 0-3 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. 23
  26. 26. LAW - LA3 UNDERSTANDING SUBSTANTIVE LAW OPTION 1 - CONTRACT AND CONSUMER LAW Answer two questions.Q.1 Study the text and answer the questions based on it. Charlie is a promoter and owns the Wales Exhibition Centre. He also collects coal sculptures and despite having no formal training considers himself an authority in respect of such sculptures. Whilst looking around Dave’s “Great Welsh Coal” Art Gallery he sees a sculpture entitled “Nutty Slack” and thinking it to be a Robert Bando, a famous sculptor of the school, buys it for £30,000. Charlie plans to exhibit the sculpture in the Wales Exhibition Centre and receives £15,000 in advance ticket sales and a separate £45,000 from the Cambrian Museum which wants to borrow the sculpture for an exhibition. The Wales Exhibition Centre is destroyed by fire the night before the exhibition begins along with the sculpture. Additionally, when the sculpture remains were examined by the insurers it was discovered that the sculpture was made of much lower grade coal, that it had been mass produced in a souvenir shop in Yorkshire and was worth only £2.50. Charlie is now being pursued by members of the public for the return of the money from the advance ticket sales and also by the Cambrian Museum for the £45,000 paid to him. (a) In the light of reported case law and other sources of law, advise Charlie. [14] Credit reference to: • Frustration. • Common mistake. • The nature of frustrating events. • Impossibility. • Discussions on the doctrine of frustration including common assumption; contract becoming more onerous; event provided for; self induced frustration; supervening event foreseeable. • Credit will be given for relevant citation. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in 1 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 0 of grammar, punctuation and spelling which detract from communication of meaning. 24
  27. 27. AO2Marks 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 their11-13 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 their7-10 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 3-6 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. 0-2 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. 25
  28. 28. (b) Explain the importance of legislation and the approach taken by judges in the interpretation of statutes in the above scenario. [11] Credit reference to: • Section 6 Sale of Goods Act 1979. • Section 7 Sale of Goods Act 1979. • The approach of the Sale of Goods Act as codifying precedent and the application of case law in interpretation. • Law Reform (Frustrated Contracts) Act 1943. • Candidates will be rewarded for appropriate citation. Marks AO3 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean 2 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 1 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 principles underlying that subject content making an entirely convincing synoptic connection with elements of 8-9 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 6-7 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 3-5 gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding 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 0-2 content making a limited synoptic connection 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. 26
  29. 29. Q.2 Study the text below and answer the questions based on it. John is the tenant of “The Moon” public house in Tewkville. The terms of the lease agreement provided that John should pay Philip, the landlord, £2,000 per month for a period of 8 years from January 1st 2010. Payment was due in advance on the first working day of each month. One year after starting the tenancy another pub opened in the locality and John suffered a slump in business. He informed Philip that he could not pay full rent of £2,000 per month. It was agreed that the rent be reduced to £1,000 per month “until things improved”. For the next six months John paid the revised amount of £1,000 on the first day of the month by bank transfer. On July 1st 2010 payment was not received by Philip because for technical reasons the Bank could not transfer the money. In fact the Bank was able to transfer money on July 2nd 2010 and this was credited to Philip’s account on July 3rd 2010. Having not received the money on July 1st, Philip telephoned John and said that he was now reverting to the original agreement and that John should also pay him £6,000 being the amount owed to him. (a) In the light of reported case law and other sources of law advise John. [14] Credit reference to: • Doctrine of promissory estoppel. • Estoppel of where this is a shield and not a sword • Past consideration. • Credit will be given for relevant citation. Marks AO3 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and 1 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 0 grammar, punctuation and spelling which detract from communication of meaning. 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 through their selection of legal 11-13 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 7-10 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 3-6 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 0-2 no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate’s response. 27

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