Scheme of work: Year 12
This scheme of work suggests how to deliver the AS Law specification (7161) in year 12.
Week / Topic content and skills / Activities / Notes1 / Introduction to the ELS:
- civil and criminal law
- outline of the court system.
- Explain the differences between civil and criminal law.
- Construct diagrams of the civil and criminal court structures.
- Identify the civil and criminal dimensions across the specification.
- Construct a chart comparing civil and criminal law.
2 / Introduction to the ELS (continued):
- legal rules and other norms of behaviour
- sources of law
- rule of law.
- Compare the difference between legal and social norms.
- Identify the different sources of law.
- Explain and analyse the concept of the rule of law.
- Give examples of each type of law source.
- Consider how you can tell the difference between a rule of law and a rule from a board game.
3 / Parliamentary law making:
- influences on Parliament
- legislative process
- Parliamentary supremacy.
- Identify and evaluate the different influences on Parliament.
- Describe the stages of enactment of legislation.
- Explain and illustrate Parliamentary supremacy.
- Give examples of the effectiveness of different influences on Parliament.
- Consider whether, formally, Parliament or the Government is the more powerful.
4 / Delegated legislation:
- types of delegated legislation
- reasons why delegated legislation is used
- Parliamentary and judicial controls on delegated legislation.
- Discuss the types and reasons for delegated legislation.
- Explain the different controls on delegated legislation.
- Analyse advantages and disadvantages of using delegated legislation.
- Explain the nature of judicial review and the remedies available to the courts.
- Give illustrated examples of the different grounds on which judicial review can be sought, in this area.
5 / Statutory interpretation:
- rules of statutory interpretation
- internal and external aids to statutory interpretation
- impact of the European Convention on Human Rightsand EU law.
- Describe the different rules of statutory interpretation.
- Identify the different internal and external aids to statutory interpretation.
- Analyse the effectiveness of the different approaches to statutory interpretation.
- For each of the rules of statutory interpretation, give case examples and explain why those examples illustrate the rule in question.
- Draw-up a chart comparing the different aids to statutory interpretation.
6 / Judicial precedent:
- hierarchy of the courts
- elements of precedent – stare decisis, ratio decidendi and law reports
- operating precedent – overruling and distinguishing.
- Identify the different courts and their positions in the hierarchy.
- Illustrate the different elements of precedent.
- Evaluate the effectiveness of precedent as a source of law.
- Be prepared to give case examples to illustrate each aspect of precedent.
- Construct a diagram of the hierarchy of the courts showing their powers as against each other for the purposes of judicial precedent.
7 / Law reform –
Law Commission /
- Identify the different aspects of the Commission’s work.
- Evaluate the effectiveness of the Commission in reforming the law.
- Give examples of Law Commission papers and their impact in reforming different aspects of criminal and civil law.
- Be prepared to give reasons as to why law needs to be kept under review.
8 / European Union:
- institutions of the EU
- sources of EU law
- relationship between the law of the United Kingdom and EU law.
- Identify the respective functions of the Council, Commission, Parliament and Court of Justice of the European Union.
- Describe the nature and functions of each type of EU law source.
- Illustrate the impact of EU law on the UK legal system.
- EU law remains part of the specification and is examinable in the normal way.
- Construct a flow diagram showing how law is made in the EU.
9 / Civil dispute resolution:
- civil courts
- alternative forms of dispute resolution (ADR).
- Identify the different civil courts and their respective trial and appellate functions.
- Describe the functions of tribunals and forms of ADR, such as mediation.
- Link this topic to the introductory material on the civil and criminal dimensions to the legal system.
- Compare and contrast the different forms of civil dispute resolution.
10 / Criminal courts:
- criminal courts
- sentencing
- magistrates and juries.
- Identify the different criminal courts and their respective trial and appellate functions.
- Identify the different sentencing options.
- Analyse the effectiveness of using juries.
- Link this topic to the introductory material on the civil and criminal dimensions to the legal system.
- Find a media story illustrating the criminal court system; consider the issues raised.
11 / Legal personnel:
- barristers, solicitors and legal executives
- regulation of the legal profession.
- Identify the different roles of barristers, solicitors and legal executives.
- Explain how and why regulation of the legal profession takes place.
- Possible opportunity to discuss career options.
- Consider what the holder of a law degree might do, other than become a legal professional.
12 / Access to justice and funding:
- alternative sources of legal advice
- funding alternatives.
- Identify the alternatives to visiting a solicitor.
- Describe in outline how payment can be made for legal work of different types.
- Identify what alternatives to a solicitor’s office are available locally.
- Access the website of such an alternative and think about the type of advice that they offer.
13 / Judiciary:
- types and function of judges
- judicial immunity.
- Outline the different ranks of the judiciary and explain their respective functions.
- Analyse the need for judicial immunity and how it can be achieved, successfully.
- Be prepared to explain the importance of an independent judiciary.
- Examine newspapers for information on the public role of the judiciary.
14 / Actus reus:
- voluntary acts
- omissions.
- Explain the voluntary nature of a legally valid actus reus.
- Identify when the law imposes a duty to act.
- Be prepared to give examples of voluntary acts and of omissions.
- Link this topic with the defence of automatism.
15 / Actus reus:
- causation in fact
- causation in law.
- Describe the ‘but for’ test.
- Analyse circumstances in which the chain of causation is broken and cases in which it is not.
- Note the policy issues behind causation rules, such as those relating to medical negligence.
- Construct a chart summarising the different rules governing causation in law.
16 / Mens rea:
- intention and subjective recklessness
- strict liability
- transferred malice
- coincidence of actus reus and mens rea.
- Define intention and subjective recklessness.
- Analyse the requirements for an offence of strict liability.
- Describe the concepts of transferred malice and coincidence.
- Distinguish between advertent and inadvertent mens rea.
- Link this topic with the issue of fault.
17 / Non-fatal offences against the person:
- assault and battery
- actual bodily harm (ABH), contrary to
- s47 Offences Against the Person Act 1861 (OAPA)
- Define the respective elements of the actus reus and mens rea of assault, battery and ABH.
- Explain the relationship between the three offences.
- Give examples of actions which are either a battery or an assault, but not both.
- Students are often inaccurate in relation to the mens rea of ABH.
18 / Non-fatal offences against
the person –
Grievous bodily harm (GBH) and wounding, contrary to s18 and 20 OAPA 1861. /
- Define the respective elements of the actus reus and mens rea of s20 and
- s18.
- Explain the relationship between the two offences.
- Consider fully, with case examples, the meaning of GBH.
- The definitions of wounding and GBH are not contained in the charging standards.
19 / Negligence – injury and damage to property:
- the ‘neighbour’ principle and the Caparo three-part test
- theory of tort law – public policy factors governing the imposition of a duty of care.
- Identify the tests for imposing a duty of care.
- Explain the three stages of the Caparo test.
- Analyse public policy factors involved with imposing a duty of care.
- Consider the question of which activities might be discouraged by the imposition of a duty of care (eg sporting events or theatre productions).
- Think of everyday examples of circumstances in which a duty of care exists.
20 / Negligence – injury and damage to property (continued):
- breach of duty – the objective standard of care
- theory of tort law – factors governing the objective standard of care.
- Explain the nature of the objective standard of care.
- Identify risk factors governing the behaviour of the reasonable person.
- Analyse the factors setting the standard of care.
- Be careful to note what the objective standard means when judging the behaviour of the defendant.
- Draw-up a table of the different factors governing breach and illustrate each with case examples and real-life examples.
21 / Negligence – injury and damage to property (continued):
- causation in fact
- causation in law (remoteness of damage).
- Identify the test for causation in fact.
- Explain and illustrate the test for causation in law.
- Consider when damage need not be wholly reasonably foreseeable.
- Construct a step-by-step framework for answering negligence problems and practise applying it to past papers.
22 / Remedies available in an action for negligence:
- compensatory damages for personal injury, damage to property and economic loss
- principle of mitigation of loss.
- Identify the principles governing compensatory damages.
- Explain and illustrate the principle of mitigation.
- Establish the difference between special and general damages.
- Have a look at some past exam questions and try to identify what damages a court might award.
23 / Occupiers’ Liability Act 1957 (OLA 1957)
Liability in respect of visitors /
- Define a lawful visitor.
- Explain the nature of the duty owed to a lawful visitor and when that duty is breached.
- Give examples from ordinary life of situations in which members of the public are protected by the OLA 1957.
- Note the contents of any warning sign: is the sign excluding liability or discharging the duty?
24 /
- Define a trespasser.
- Explain the nature of the duty owed to a trespasser and when that duty is breached.
- Using the case law, consider the treatment of children in terms of whether they are trespassers at all, whether they are owed a duty under the OLA 1984 and when an occupier might have breached that duty.
- Note that the duty set out in OLA 1984 is not automatic; the claimant must establish that a duty is owed before the question of breach can be discussed.