60 marks in 60  minutes = a minute per mark  You have a choice of 2 source based questions  The question is split into 3 parts as follows Part A  – you must answer one 15 mark question that will demonstrate AO1 knowledge and understanding by describing or illustrating an area of law.  Part B  – focuses on demonstration of the AO2 skill of application and requires application of the law to 3 short scenario’s.  PART C  has 2 sub questions, C(i) will again focus on AO1 knowledge and understanding and C (ii) will require AO2 analysis and evaluation by considering, discussing or explaining and will be linked to C (i)
The biggest mistake students make is choosing the question based solely upon the title, for example where the student favours statutory interpretation, the following title will seem attractive.  “ Exercise on statutory interpretation”  Making this choice without reading the source and the questions may result in getting through section A but getting stuck at section B/C.  It is common to see students stop half way through and turn their attentions to the other source wasting precious time and marks.
Judicial Precedent  Describe ratio decidendi/obiter dicta; describe a type of precedent e.g persuasive; Describe concept of stare decisis; describe the powers of the court of appeal; explain and illustrate use of the practice statement. Legislation Describe the legislative process; types of bills; influences on legislation Delegated Legislation  Describe the 3 types of DL with case law; describe and illustrate the reasons why DL is needed;’ controls on DL   Statutory Interpretation  Describe and illustrate one, two or three of the rules of statutory interpretation; Explain the rules of language; Explain and illustrate the purposive approach European Law Explain how the EC Treaty is part of UK Law; Describe 1 – all of the EU institutions and their role; explain with illustration vertical and/or horizontal direct effect.  Law Reform Describe the role of the law commission
Judicial Precedent  Decide how precedent will work in certain cases e.g:  Decide if practice statement applies or if CA can depart from a decision based on exceptions in Y v B; Decide if court is bound by a previous decision.  Decide the best avoidance technique available to the court (distinguishing, overruling, reversing) Legislation Identify the type of bill that would be used to legislate in a certain area Delegated Legislation  Identify most appropriate type of DL for the situation and explain why; Decide and explain if Judicial review would be successful in a scenario. Statutory Interpretation  Identify the correct aid to use in a situation (intrinsic/extrinsic and which one in particular); Apply the three rules/purposive approach to a situation; which rule of language would be most appropriate/apply rules of language to a scenario/apply presumption of mens rea.  European Law Whether there is a need to make an Art 234 referral; application of horizontal/direct effect.  Law Reform Not  been examined in section B so far.
Judicial Precedent  See section A – usually similar and then link in with section Cii Legislation See section A – usually similar and then link in with section Cii Delegated Legislation  Explain the need for DL; describe the controls of the court and parliament over DL Statutory Interpretation  Explain what Hansard, the previous ban and illustrate its use;  European Law Describe the effect of EU membership of UK law with case law illustration  Law Reform See section A
Judicial Precedent  Whether CA powers to depart from own/HL’s decisions should be extended; Whether practice statement should be extended to CA; advantages and disadvantages in giving more flexibility to courts to depart from previous decisions; advantages and disadvantages of precedent.  Legislation Evaluate the legislative process Delegated Legislation  Advantages and disadvantages of DL; assess the effectiveness of control over DL Statutory Interpretation  Advantages and disadvantages of a rule of interpretation or the purposive approach to interpretation;  advantages and disadvantages of using Hansard/extrinsic aids European Law Benefits/disadvantages of EU membership on English Law  Law Reform The success/failure of law reform
Use the following annotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level.  Def = Definition  BP = Bald Point P = point DP= developed point WDP = well developed point  F = Feature C = Case  LTS = Link to source  THINGS TO NOTE:  Cases  must be illustrative A feature  = something about the area of law other than the definition e.g. The literal rule is the most traditional of the rules of SI.
Use the following annotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level.  IP= identification point (answer) RP = Relevant point LTS = Link to source  C = case  NB* CANDIDATES WHO ‘HEDGE THEIR BETS’ WILL GAIN NO MARKS.  A DECISION MUST BE MADE CANDIDATES SHOULD AVOID IRRELEVANT DETAIL
Use the following annotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level.  Def = Definition  BP = Bald Point P = point DP= developed point WDP = well developed point  F = Feature C = Case
Use the following annotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level.  GD = Good discussion  AD = Adequate discussion  LD = limited discussion  BP = Bald Point P = point DP= developed point WDP = well developed point  C = Case  LTS AVOID BULLET POINTS Bald Points without explanations will remain in Level 2.
ACCURACY :  Make sure that you only include information that is required for the question.  THOROUGHNESS   By planning your answer you can work out how much time to give each part e.g. What to fully explain, and where to be concise. FLUENCY:  If you plan your answer before you start, you can ensure that you don’t miss bits out and have to put a see later note. EXEMPLIFICATION:  Use examples where ever appropriate. Cases must be illustrative. It is the law that is important.  ANSWERS:  Answer the question that is set. Don’t write everything you know in the hope that some of it is relevant 
Plan your answers before you start writing. Don’t cross them out and keep referring back to it.  Underline to indicate where your answer starts. Use the correct terminology. The date of a case is not that important, unless you are illustrating how the law was developed. Statute dates are more important. Assume the examiner knows nothing. A grade ‘A’ student tends to write less in their answer because they know what is relevant to the question opposed to students who write everything they know in the hope that some of it is correct.
Remember:  The examiner knows that you are nervous.  The examiner will mark in the knowledge that it was written in exam conditions.  GOOD LUCK!!!

Law-Exchange.co.uk Shared Resource

  • 1.
  • 2.
    60 marks in60 minutes = a minute per mark You have a choice of 2 source based questions The question is split into 3 parts as follows Part A – you must answer one 15 mark question that will demonstrate AO1 knowledge and understanding by describing or illustrating an area of law. Part B – focuses on demonstration of the AO2 skill of application and requires application of the law to 3 short scenario’s. PART C has 2 sub questions, C(i) will again focus on AO1 knowledge and understanding and C (ii) will require AO2 analysis and evaluation by considering, discussing or explaining and will be linked to C (i)
  • 3.
    The biggest mistakestudents make is choosing the question based solely upon the title, for example where the student favours statutory interpretation, the following title will seem attractive. “ Exercise on statutory interpretation” Making this choice without reading the source and the questions may result in getting through section A but getting stuck at section B/C. It is common to see students stop half way through and turn their attentions to the other source wasting precious time and marks.
  • 4.
    Judicial Precedent Describe ratio decidendi/obiter dicta; describe a type of precedent e.g persuasive; Describe concept of stare decisis; describe the powers of the court of appeal; explain and illustrate use of the practice statement. Legislation Describe the legislative process; types of bills; influences on legislation Delegated Legislation Describe the 3 types of DL with case law; describe and illustrate the reasons why DL is needed;’ controls on DL   Statutory Interpretation Describe and illustrate one, two or three of the rules of statutory interpretation; Explain the rules of language; Explain and illustrate the purposive approach European Law Explain how the EC Treaty is part of UK Law; Describe 1 – all of the EU institutions and their role; explain with illustration vertical and/or horizontal direct effect. Law Reform Describe the role of the law commission
  • 5.
    Judicial Precedent Decide how precedent will work in certain cases e.g: Decide if practice statement applies or if CA can depart from a decision based on exceptions in Y v B; Decide if court is bound by a previous decision. Decide the best avoidance technique available to the court (distinguishing, overruling, reversing) Legislation Identify the type of bill that would be used to legislate in a certain area Delegated Legislation Identify most appropriate type of DL for the situation and explain why; Decide and explain if Judicial review would be successful in a scenario. Statutory Interpretation Identify the correct aid to use in a situation (intrinsic/extrinsic and which one in particular); Apply the three rules/purposive approach to a situation; which rule of language would be most appropriate/apply rules of language to a scenario/apply presumption of mens rea. European Law Whether there is a need to make an Art 234 referral; application of horizontal/direct effect. Law Reform Not been examined in section B so far.
  • 6.
    Judicial Precedent See section A – usually similar and then link in with section Cii Legislation See section A – usually similar and then link in with section Cii Delegated Legislation Explain the need for DL; describe the controls of the court and parliament over DL Statutory Interpretation Explain what Hansard, the previous ban and illustrate its use; European Law Describe the effect of EU membership of UK law with case law illustration Law Reform See section A
  • 7.
    Judicial Precedent Whether CA powers to depart from own/HL’s decisions should be extended; Whether practice statement should be extended to CA; advantages and disadvantages in giving more flexibility to courts to depart from previous decisions; advantages and disadvantages of precedent. Legislation Evaluate the legislative process Delegated Legislation Advantages and disadvantages of DL; assess the effectiveness of control over DL Statutory Interpretation Advantages and disadvantages of a rule of interpretation or the purposive approach to interpretation; advantages and disadvantages of using Hansard/extrinsic aids European Law Benefits/disadvantages of EU membership on English Law Law Reform The success/failure of law reform
  • 8.
    Use the followingannotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level. Def = Definition BP = Bald Point P = point DP= developed point WDP = well developed point F = Feature C = Case LTS = Link to source THINGS TO NOTE: Cases must be illustrative A feature = something about the area of law other than the definition e.g. The literal rule is the most traditional of the rules of SI.
  • 9.
    Use the followingannotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level. IP= identification point (answer) RP = Relevant point LTS = Link to source C = case NB* CANDIDATES WHO ‘HEDGE THEIR BETS’ WILL GAIN NO MARKS. A DECISION MUST BE MADE CANDIDATES SHOULD AVOID IRRELEVANT DETAIL
  • 10.
    Use the followingannotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level. Def = Definition BP = Bald Point P = point DP= developed point WDP = well developed point F = Feature C = Case
  • 11.
    Use the followingannotations to mark the example given to you. Compare your annotations with your levels table and put the answer into a level. GD = Good discussion AD = Adequate discussion LD = limited discussion BP = Bald Point P = point DP= developed point WDP = well developed point C = Case LTS AVOID BULLET POINTS Bald Points without explanations will remain in Level 2.
  • 12.
    ACCURACY : Make sure that you only include information that is required for the question. THOROUGHNESS By planning your answer you can work out how much time to give each part e.g. What to fully explain, and where to be concise. FLUENCY: If you plan your answer before you start, you can ensure that you don’t miss bits out and have to put a see later note. EXEMPLIFICATION: Use examples where ever appropriate. Cases must be illustrative. It is the law that is important. ANSWERS: Answer the question that is set. Don’t write everything you know in the hope that some of it is relevant 
  • 13.
    Plan your answersbefore you start writing. Don’t cross them out and keep referring back to it. Underline to indicate where your answer starts. Use the correct terminology. The date of a case is not that important, unless you are illustrating how the law was developed. Statute dates are more important. Assume the examiner knows nothing. A grade ‘A’ student tends to write less in their answer because they know what is relevant to the question opposed to students who write everything they know in the hope that some of it is correct.
  • 14.
    Remember: Theexaminer knows that you are nervous. The examiner will mark in the knowledge that it was written in exam conditions. GOOD LUCK!!!