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 / Notes
1 / 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.
(Note: AS does not require a consideration of the theory of tort law)
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.
(Note: AS does not require a consideration of the theory of tort law)
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.
(Note: AS does not require a consideration of economic loss)
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?
(Note: AS requires a focus on s 2(1)–(3) OLA 1957 but excludes defences)
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.
(Note: AS requires a focus on S 1(1)–(3) OLA 1984 but excludes defences)