Law Paper-1

All Variants Yearly Worked Solutions

Article # 480

(2004 – 2017)

Author:

Ms Mariam Saeed

Principal at Roots Millennium

9-F, Main Market Gulberg II, Lahore. 042-35714038

readandwrite.publications@gmail.com 0336-5314141
readandwritepublications/Shop www.readnwrite.org
 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any
form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written
permission of the Publisher.

Title Law Paper-1 A-Level Yearly Worked Solutions

Author Ms Mariam Saeed
Cell: +92 03004016222
msmariam9@gmail.com
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PREFACE
This book is a comprehensive compilation of past papers coupled with suggested Answers in a simple
format. The book is an essential resource for teaching, learning and revising the Cambridge
International A Level Law subject (Subject Code: 9084) Paper 1 and Paper 2. It is effective and
benificial for both teachers and students. I have included the mark bands and assessment criteria
which are important guides to attempt legal questions. The IRAC principle is evident in the suggested
Answers and attempts to clear any ambiguity that a Law student might have while outlining and
highlighting legal principles and citing relevant case law.

Wishing all Law students the very best in their endeavours.

Ms Mariam Saeed
Email: msmariam9@gmail.com
Mobile number: 0300 4016222
ABOUT THE AUTHOR
Ms Mariam Saeed is a UOL LLB (Hons) graduate. She is a High Court Advocate and has worked in
the Academic Sector since 1997. Ms Mariam Saeed has been and is associated with renowned
Institutes as a Law lecturer and also has the experience of serving as Head of O & A level and Head
of International Qualifications and Programmes at prestigious Institutes. She is an internationally
certified College Counselor. A passionate educationist she has pioneered law courses at various
levels including school and university and has experience of ACCA teaching as well. She has
pioneered the concepts of Law Moots and Law Seminars at School level. To facilitate students she
also compiled and authored the first Exam Revision for A Level Law which due to popular demand is
now being updated. With the conscientious and consistent work done by Ms Mariam and her
commitment to imparting quality legal education, she has not only produced exceptional results but
at present her students have achieved milestones in their careers. A woman who leads from her heart
Ms Mariam still continues to instill the love for learning in the young generation and has the will and
endeavor to promote excellence in education. Hence, continues to contribute to the educational
growth of Pakistan.

DEDICATION
This compilation is dedicated to all my students. Imparting legal education with such dedication is a
due to the commitment shown by each batch to learn and succeed at all costs. I wish all of you the
very best in your exams and pray that my humble effort at compiling this book helps you.
I would like to take this opportunity to thank my teachers and seniors who have nurtured and guided
me along with instilling the love for teaching and learning with excellence.
A heartfelt thank you to Mr. Imran Latif for giving me the opportunity to recompile and publish my book
with style and to Mr. Furqan Latif for encouraging me in my efforts and for making this publication
possible.
Thank you Rizwan Sahab for being a great supporting factor.
Last but most certainly not the least a big thank you to my friends, family and my daughter Khadija
Saeed. It is your faith in me that has allowed me to come this far. Stay blessed always.
 1

CONTENTS
1 Syllabus ---------------------------------------------------------------------------------------- 3
2 Assessment Objectives ----------------------------------------------------------------------------- 11
3 Mark Bands ---------------------------------------------------------------------------------------- 12
4 May/June 2017 Paper 11 ------------------------------------------------------------------ 13
Suggested Answers ------------------------------------------------------------------ 14
5 May/June 2017 Paper 12 ------------------------------------------------------------------ 19
Suggested Answers ------------------------------------------------------------------ 20
6 May/June 2017 Paper 13 ------------------------------------------------------------------ 25
Suggested Answers ------------------------------------------------------------------ 26
7 May/June 2016 Paper 11 ------------------------------------------------------------------ 31
Suggested Answers ------------------------------------------------------------------ 32
8 May/June 2016 Paper 12 ------------------------------------------------------------------ 37
Suggested Answers ------------------------------------------------------------------ 38
9 May/June 2016 Paper 13 ------------------------------------------------------------------ 42
Suggested Answers ------------------------------------------------------------------ 43
10 October/November 2016 Paper 13 ------------------------------------------------------------------ 48
Suggested Answers ------------------------------------------------------------------ 49
11 May/June 2015 Paper 11 ------------------------------------------------------------------ 54
Suggested Answers ------------------------------------------------------------------ 55
12 May/June 2015 Paper 12 ------------------------------------------------------------------ 60
Suggested Answers ------------------------------------------------------------------ 61
13 May/June 2015 Paper 13 ------------------------------------------------------------------ 66
Suggested Answers ------------------------------------------------------------------ 67
14 October/November 2015 Paper 11 ------------------------------------------------------------------ 72
Suggested Answers ------------------------------------------------------------------ 73
15 October/November 2015 Paper 12 ------------------------------------------------------------------ 78
Suggested Answers ------------------------------------------------------------------ 79
16 October/November 2015 Paper 13 ------------------------------------------------------------------ 84
Suggested Answers ------------------------------------------------------------------ 85
17 May/June 2014 Paper 11 ------------------------------------------------------------------ 90
Suggested Answers ------------------------------------------------------------------ 91
18 May/June 2014 Paper 12 ------------------------------------------------------------------ 96
Suggested Answers ------------------------------------------------------------------ 97
19 May/June 2014 Paper 13 ------------------------------------------------------------------ 102
Suggested Answers ------------------------------------------------------------------ 103
20 October/November 2014 Paper 11 ------------------------------------------------------------------ 108
Suggested Answers ------------------------------------------------------------------ 109
21 October/November 2014 Paper 12 ------------------------------------------------------------------ 113
Suggested Answers ------------------------------------------------------------------ 114
22 October/November 2014 Paper 13 ------------------------------------------------------------------ 118
Suggested Answers ------------------------------------------------------------------ 119
23 May/June 2013 Paper 11 ------------------------------------------------------------------ 123
Suggested Answers ------------------------------------------------------------------ 124
24 May/June 2013 Paper 12 ------------------------------------------------------------------ 129
Suggested Answers ------------------------------------------------------------------ 130
25 May/June 2013 Paper 13 ------------------------------------------------------------------ 135
Suggested Answers ------------------------------------------------------------------ 136
26 October/November 2013 Paper 11 ------------------------------------------------------------------ 141
Suggested Answers ------------------------------------------------------------------ 142
27 October/November 2013 Paper 12 ------------------------------------------------------------------ 147
Suggested Answers ----------------------------------------------------------------- 148
28 October/November 2013 Paper 13 ------------------------------------------------------------------ 153
Suggested Answers ------------------------------------------------------------------ 154
29 May/June 2012 Paper 11 ------------------------------------------------------------------ 159
Suggested Answers ------------------------------------------------------------------ 160
30 May/June 2012 Paper 12 ------------------------------------------------------------------ 163
 2

Suggested Answers ------------------------------------------------------------------ 164

31 May/June 2012 Paper 13 ------------------------------------------------------------------ 167
Suggested Answers ------------------------------------------------------------------ 168
32 October/November 2012 Paper 11 ------------------------------------------------------------------ 171
Suggested Answers ------------------------------------------------------------------ 172
33 October/November 2012 Paper 12 ------------------------------------------------------------------ 175
Suggested Answers ------------------------------------------------------------------ 176
34 October/November 2012 Paper 13 ------------------------------------------------------------------ 178
Suggested Answers ------------------------------------------------------------------ 179
35 May/June 2011 Paper 11 ------------------------------------------------------------------ 182
Suggested Answers ------------------------------------------------------------------ 183
36 May/June 2011 Paper 12 ------------------------------------------------------------------ 186
Suggested Answers ------------------------------------------------------------------ 187
37 May/June 2011 Paper 13 ------------------------------------------------------------------ 190
Suggested Answers ------------------------------------------------------------------ 191
38 October/November 2011 Paper 11 ------------------------------------------------------------------ 194
Suggested Answers ------------------------------------------------------------------ 195
39 October/November 2011 Paper 12 ------------------------------------------------------------------ 198
Suggested Answers ------------------------------------------------------------------ 199
40 May/June 2010 Paper 11, 12 ------------------------------------------------------------------ 202
Suggested Answers ------------------------------------------------------------------ 203
41 May/June 2010 Paper 13 ------------------------------------------------------------------ 206
Suggested Answers ------------------------------------------------------------------ 207
42 October/November 2010 Paper 1 ------------------------------------------------------------------ 210
Suggested Answers ------------------------------------------------------------------ 211
43 May/June 2009 Paper 1 ------------------------------------------------------------------ 213
Suggested Answers ------------------------------------------------------------------ 214
44 October/November 2009 Paper 11 ------------------------------------------------------------------ 216
Suggested Answers ------------------------------------------------------------------ 217
45 October/November 2009 Paper 12 ------------------------------------------------------------------ 219
Suggested Answers ------------------------------------------------------------------ 220
46 May/June 2008 Paper 1 ------------------------------------------------------------------ 223
Suggested Answers ------------------------------------------------------------------ 224
47 October/November 2008 Paper 1 ------------------------------------------------------------------ 226
Suggested Answers ------------------------------------------------------------------ 227
48 May/June 2007 Paper 1 ------------------------------------------------------------------ 230
Suggested Answers ------------------------------------------------------------------ 231
49 October/November 2007 Paper 1 ------------------------------------------------------------------ 234
Suggested Answers ------------------------------------------------------------------ 235
50 May/June 2006 Paper 1 ------------------------------------------------------------------ 238
Suggested Answers ------------------------------------------------------------------ 239
51 October/November 2006 Paper 1 ------------------------------------------------------------------ 243
Suggested Answers ------------------------------------------------------------------ 244
52 May/June 2005 Paper 1 ------------------------------------------------------------------ 247
Suggested Answers ------------------------------------------------------------------ 248
53 October/November 2005 Paper 1 ------------------------------------------------------------------ 251
Suggested Answers ------------------------------------------------------------------ 252
54 May/June 2004 Paper 1 ------------------------------------------------------------------ 255
Suggested Answers ------------------------------------------------------------------ 256
55 October/November 2004 Paper 1 ------------------------------------------------------------------ 260
Suggested Answers ------------------------------------------------------------------ 261
Law 3 Syllabus

Changes to syllabus for 2017, 2018 and 2019

This syllabus has been updated. The latest syllabus is version 2, published February 2017.

Changes to the syllabus

Page 11, Unit 2: Machinery of justice, Section 2: enquiries’ changed to ‘inquiries’

Page 11, Unit 2: Machinery of justice, Section 4: ‘House of Lords’ changed to ‘Supreme Court’ to
reflect changes resulting from the Constitutional reform Act 2005*

Page 11, Unit 3 Legal Personnel, Section 1: training and education’ added to the syllabus content to
clarify that ‘recruitment’ includes not only acquiring a job as a barrister or solicitor but also the training
and education required

Page 12, Unit 2: Contents of contracts, Section 3: Consumer Rights Act 5015 added to the syllabus
content to reflect the introduction of a significant piece of new legislation in this area*

*These syllabus changes will not disadvantage candidates as responses will receive credit whether
refer to the old or new legislation.
Significant changes to the syllabus are indicated by black vertical lines either side of the text.

You are advised to read the whole syllabus before planning your teaching programme.

1. Syllabus content at a glance

Candidates for Advanced Subsidiary Level should study the Core syllabus only.
Candidates for Advanced Level should study the Core syllabus and the Extended syllabus.
Core topics Extension topics
All candidates study these topics: A Level candidates also study:
Sources of law  Nature and classification of law
 Common Law and Equity
 Doctrine of precedent
 Legislation
 Statutory interpretation
 Delegated legislation
 Human rights
 Law reform
Machinery of justice  Civil courts
 Alternative methods of dispute
resolution
 Criminal process
 Criminal courts
 Sentencing principles and sanctions of
courts
Legal personnel  Barristers and solicitors
 Judiciary
 Crown prosecution service
 Role of lay personnel
 Lord Chancellor
Law 4 Syllabus

Formation of valid  Nature of contract

contracts  Offer and acceptance
 Intention
 Consideration
 Capacity
Contents of contracts  Types of term
 Status of terms
 Control of exemption clauses
Vitiating factors  Vitiating factors
 Misrepresentation
 Mistake
 Passing of title under void
and voidable contracts
Remedies for breach  Common Law
 Equitable
Negligence and  Liability in negligence
occupier’s liability  Duty of care
 Breach of duty
 Causation
 Occupier’s liability
 Defences
Private nuisance and  Private nuisance
Rylands v. Fletcher  Ryland’s v. Fletcher
Trespass  Trespass to land
 Trespass to the person
Remedies  Common law
 Equitable

2. Assessment at a glance
Centres and candidates may choose to:
– Take all A And AS components at one exam series, leading to the full Advanced Level
qualification (Papers 1, 2, 3 and 4) or
– Take the AS components (Papers 1 and 2) at one exam series and, having received the AS
qualification, take the additional A2 components (papers 3 and 4) at a later series, leading to
the full Advanced Level qualification or
– Take the AS components only (Papers 1 and 2) at one exam series, leading to the Advanced
Subsidiary qualification.

Paper Weighting
Cambridge Cambridge
International International
AS Level A Level
Paper 1 (Structure and operation of the English 1 hour 30 mins
Legal System) 60% 30%
Candidates answer three essay questions from a choice of six.
Paper 2 (Data response: the English Legal 1 hour 30 mins
System)
40% 20%
Candidates answer one question from a choice of two. The paper
tests the candidate’s ability to apply their knowledge to examine
Law 5 Syllabus

critically and analyse a given case. The data may be drawn from
any area of English law.
Paper 3 (Law of Contract) 1 hour 30 mins
Section A: 3 essay questions
Section B: 3 scenario-based problem questions – 25%
Candidates answer three questions: one from Section A, one from
Section B and one other.
Paper 4 (Law of Tort) 1 hour 30 mins
Section A: 3 essay questions
Section B: 3 scenario-based problem questions – 25%
Candidates answer three questions: one from Section A, one from
Section B and one other.

3. Syllabus aims and assessment objectives

3.1 Syllabus aims

The aims of the Cambridge International AS & A Leve3l Law syllabus are to:
 Provide and introduction legal concepts and rules and the machinery involved in their
introduction, application and enforcement;
 Encourage candidates to explore and understand the substantive rules of law;
 Explore and critically assess the value of legal rules, processes and institutions;
 Develop skills of communication, interpretation, resoning and analysis.

3.2 Assessment objectives

There are three assessment objectives (AOs) for Cambridge International AS & A Level Law.
Candidates are expected to demonstrate:
AO1: Knowledge and understanding
An ability to recall, select, use and develop knowledge and understanding of legal principles
and rules by means of example and citation.

AO2: Analysis, evaluation and application

An ability to analyse and evaluate legal materials, situations and issues and accurately apply
appropriate principles and rules.

AO3: Communication and presentation

Use appropriate legal terminology to present logical and coherent argument and to
communicate relevant material in a clear and concise manner.

In each paper, the relative importance of each assessment objective is different. The percentage of
marks for each assessment objective is as follows:

Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4

AO1: Knowledge and understanding 50 30 50 50
AO2: Analysis, evaluation and application 40 60 40 40
Law 6 Syllabus

AO3: Communication and presentation 10 10 10 10

4. Syllabus content

4.1 Structure and operation of the English Legal system

Unit 1: Sources of law

This unit introduces candidates to the principal historical and modern day sources of English law.

1. Nature and classification of law

 Comparison of law, rules and morals.
 The main classifications of law in England and Wales: criminal/civil law; public/private and
public international/private international law. Rules of law within these classifications.
2. Common Law and Equity
 The development of the Common Law of England and Wales; Custom.
 Historical development of Equity and its modern day applications.
3. Doctrine of precedent
 The doctrine of Stare Decisis.
 Judicial tools: distinguishing, overruling, reversing.
 Nature and authority of precedent with examples. Hierarchy of courts.
 Development of doctrine within House of Lords (Practice Statement 1966) and Court of
Appeal (Young’s case).
 Advantages and disadvantages.
4. Legislation
 Why legislation is necessary (to amend or repeal existing legislation, to change or add to
the common law, to codify or to consolidate law). Examples of use in each case.
 The legislative process.
5. Statutory interpretation
 The role of the judiciary as interpreters of statutes (Acts of Parliament).
 Common law rules of interpretation, rules of language, presumptions, intrinsic and extrinsic
aids (in particular, Hansard and Pepper v. Hart).
6. Delegated legislation
 The meaning of and reasons for delegated legislation. Importance and reasons for it as a
source of law. Types of delegated legislation.
 Controls: pre-drafting consultation, parliamentary proceedings, judicial review and
publicity.
7. Human Rights
 Introduction to Human Rights.
 European Convention on Human Rights; reasons for and application of Human Rights Act
1998; role of European Court of Human Rights.
8. Law reform
 Impetus for reform: role of Parliament and judges; effect of public opinion and pressure
groups.
 Agencies of reform: role of Law Commission; Royal Commissions and other agencies in
outline.
Law 7 Syllabus

Unit 2: Machinery of justice

This unit introduces candidates to the institutions and processes involved in the resolution of legal
matters.

1. Civil courts
 Jurisdiction of Magistrates Courts, County Court, Crown Court and High Court.
 The Appeal Courts and appeals system in general, including the appellate jurisdiction of
the Divisional Courts within the High Court.
2. Alternative methods of dispute resolution
 Tribunals, inquiries, conciliation and arbitration.
 Reasons for establishment; functions; respective advantages and disadvantages.
 Control of tribunals.
3. Criminal process
 Police powers: PACE – stop and search; arrest; detention and treatment of suspects at
police station.
 Right to silence.
 Pre trial matters: bail, mode of trial, committal proceedings.
4. Criminal courts
 Role and jurisdiction of Magistrates and Crown Courts.
 The Appeal Courts and appeals system in general, including appeals to the Divisional
Court, Court of Appeal and Supreme Court.
5. Sentencing principles and sanctions of courts
 Aims of sentencing; purpose and effect of sentences.
 Types of sentence: custodial, community, fines and discharge, compensation, other
powers. Young offenders.

Unit 3: Legal personnel

This unit introduces candidates to key legal personnel involved in the resolution of legal matters.

1. Barristers and solicitors

 Independence; role; recruitment; training and education.
 Overlap of roles.
2. The judiciary
 Role; recruitment and dismissal; training and education.
 Judicial independence.
3. The Crown Prosecution Service
 Function of the service.
4. Role of lay personnel
 Magistrates: qualifications; selection; training; function in civil and criminal cases;
advantages and disadvantages; role of Magistrates’ Clerk.
 Juries: qualifications; role in civil and criminal cases.
 Alternatives to use of juries.
 Criticism of the use of lay personnel.
5. Lord Chancellor
 Appointment; role.
Law 8 Syllabus

4.2 Law of Contract

Unit 1: Formation of valid contracts

This unit introduces candidates to a key area of substantive law. It explores the nature of contracts
and the rules that a court of law applies to determine whether contracts are valid or not.

1. Nature of contract
 Agreement; unilateral; bilateral; collateral.
2. Offer and acceptance
 Principles and evidence: offers; invitation to treat; counter offers; requests for information;
termination; acceptance.
3. Intention
 Reason for requirement; presumption and rebuttal in commercial and social/domestic
agreements.
4. Consideration
 Nature and function; sufficiency/adequacy, past, performance of existing duties;
promissory estoppel.
5. Capacity
 Reason for limitation.
 Minors’ contracts: necessaries; employment and training; continuing obligations; main
provisions of Minors’ Act 1987.
 Corporations, Persons of unsound mind, drunkards: a basic outline.

Unit 2: Contents of contracts

This unit examines the relative importance of different types of term that contracts may incorporate.

1. Types of term
 Express; implied (by statute only: Sale of Goods Act 1979 as amended).
2. Status of terms
 Conditions, warranties, innominate terms.
 Nature; examples; effects of breach.
3. Control of exemption clauses
 Common law: rules of incorporation; contra proferentem.
 Statutory: Unfair Contract Terms Act 1977; Unfair Terms in Consumer Contracts
Regulations 1999; Consumer Rights Act 2015.

Unit 3: Vitiating factors

This unit explores two key factors that can lead to seemingly valid contracts being declared invalid
and their inter-relationship.

1. Vitiating factors
 Reasons; invalidating effect.
2. Misrepresentation
 Definition; when actionable.
 Types: innocent; negligent; fraudulent.
 Effects on validity of contract; remedies at Common Law, in Equity and by statute
(Misrepresentation Act 1967).
Law 9 Syllabus

3. Mistake
 General rule and exceptions.
 Operative mistakes: common, mutual (cross purpose), unilateral.
 Mistakenly signed documents; non est factum.
 Effect at Common Law and in Equity.
4. Passing of title under void and voidable contracts.
 General rule.
 Nemo Dat Rule; sale under voidable title (Sale of Goods Act 1979 as amended).
Unit 4: Remedies for breach

This unit introduces candidates to the various types of remedy for breach of contract, their purpose
and the limitations on their award.

1. Common Law
 Damages: nature; purpose.
 Mitigation; remoteness.
2. Equitable
 Specific performance; specific restitution; injunction.
 Nature; purpose.
 Limitations on awards in contract law.

4.3 Law of Tort

Unit 5: Negligence and occupier’s liability

This unit offers candidates the opportunity to explore the nature of legal liability in a variety of
situations.

1. Liability in negligence
 Nature and justification: personal; vicarious (outline only *); joint tortfeasors.
2. Duty of care
 Neighbour principle; methods of establishing duty; negligent misstatement; nervous shock.
3. Breach of duty
 Standard of care; subjective considerations.
4. Causation
 ‘But for’ test; foreseeability; intervening acts; remoteness.
5. Occupier’s liability
 Standards of care.
 Lawful visitors: at Common Law; by Statute (Occupier’s Liability Act 1957).
 Unlawful visitors: at Common Law; by Statute (Occupier’s Liability Act 1984).
 Exclusion of liability.
6. Defences
 Consent: express/implied; knowledge of nature and extent.
 Volenti non fit injuria: voluntary nature; effect of Road Traffic Act 1988; rescue situations.
 Contributory negligence: nature and effect (Law Reform (Contributory Negligence) Act
1948).
 Inevitable accident; act of God.

* Vicarious liability: Candidates need to know and be able to comment on and criticise the
circumstances under which individuals may not be held solely liable for their own torts. Candidates
Law 10 Syllabus

should be able to explore the employer/employee and the employer/independent contractor

relationships as a minimum and understand the rules that mean that the ‘employer’ can be held
vicariously liable for the torts committed by one but not the other. Candidates should know and
understand not merely the basic principle but how and why it exists.

Unit 6: Private nuisance and Rylands v. Fletcher

This unit introduces candidates to an area of the law that regulates behaviour at home and at work
as it affects the rights of those around us and enables them to explore the concepts of fault-based
and strict liability in tort.

1. Private nuisance
 Definition; nature of liability; who can sue and be sued.
 Relevance of locality, utility, sensitivity, duration and malice to liability.
 Defences: prescription; statutory authority.
2. Rylands v. Fletcher
 Definition; nature of liability (strict v. fault based); conditions of liability; relationship with
nuisance.
 Defences: consent; act of stranger; statutory authority; act of God; default of claimant.

Unit 7: Trespass

This unit enables candidates to explore areas that deal with unlawful direct interference with the
person and his or her land.

1. Trespass to land
 Unlawful entry; intention; continuing trespass.
 Defences: lawful authority; licence; right of entry.
2. Trespass to the person
 Assault and battery: elements; conditions of liability; defences of consent, lawful authority
and necessity.
 False imprisonment: elements; conditions of liability; defence of lawful detention (powers
to arrest and detain in outline).

Unit 8: Remedies

This unit introduces candidates to the various types of remedy in tort, their purpose and the limitations
on their award.
1. Common Law
 Damages: nature; purpose.
 Mitigation; remoteness.
2. Equitable
 Specific performance; specific restitution; injunction.
 Nature; purpose.
 Limitations on awards in the law of tort.
Law 11 Assesment Objectives

Assessment Objectives

Students are expected to demonstrate:

Knowledge and Understanding
– recall, select, use and develop knowledge and understanding of legal principles and rules by means of
example and citation
Analysis, Evaluation and Application
– analyse and evaluate legal materials, situations and issues and accurately apply appropriate principles
and rules
Communication and Presentation
– use appropriate legal terminology to present logical and coherent argument and to communicate
relevant material in a clear and concise manner.
Specification Grid
The relationship between the Assessment Objectives and this individual component is detailed below.
The objectives are weighted to give an indication of their relative importance, rather than to provide a precise
statement of the percentage mark allocation to particular assessment objectives.

Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4 Advanced Level

Knowledge/Understanding 50 50 50 50 50

Analysis/Evaluation/Application 40 40 40 40 40

Communication/Presentation 10 10 10 10 10
Law 12 Mark Bands

Mark Bands
The mark bands and descriptors applicable to all questions on the paper are as follows. Maximum mark
allocations are indicated in the table at the foot of the page.
Indicative content for each of the questions follows overleaf.

Band 1:

The answer contains no relevant material.

Band 2:

The students introduces fragments of information or unexplained examples from which no coherent explanation
or analysis can emerge
OR
The student attempts to introduce an explanation and/or analysis but it is so fundamentally undermined by error
and confusion that it remains substantially incoherent.

Band 3:

The student begins to indicate some capacity for explanation and analysis by introducing some of the issues,
but explanations are limited and superficial
OR
The student adopts an approach in which there is concentration on explanation in terms of facts presented
rather than through the development and explanation of legal principles and rules
OR
The student attempts to introduce material across the range of potential content, but it is weak or confused so
that no real explanation or conclusion emerges.

Band 4:
Where there is more than one issue, the students demonstrates a clear understanding of one of the main issues
of the question, giving explanations and using illustrations so that a full and detailed picture is presented of this
issue
OR
The students presents a more limited explanation of all parts of the answer, but there is some lack of detail or
superficiality in respect of either or both so that the answer is not fully rounded.

Band 5:
The students presents a detailed explanation and discussion of all areas of relevant law and, while there may
be some minor inaccuracies and/or imbalance, a coherent explanation emerges.

Maximum Mark Allocations:

Question 1 2 3 4 5 6
Band 1 0 0 0 0 0 0
Band 2 6 6 6 6 6 6
Band 3 12 12 12 12 12 12
Band 4 19 19 19 19 19 19
Band 5 25 25 25 25 25 25
 Law Paper-1 13 May/June 2017

May/June 2017 Paper 11

Answer any three questions

1 Leona, aged 45, is a factory worker. She would like to become a magistrate. Explain how
she should apply and, if successful, the training she would be expected to undertake. What
challenges might she face in becoming a magistrate? [25]

2 Critically assess how necessary Equity is in today’s English legal system. [25]

3 The process of getting a proposed law from Bill to Act is unnecessarily complex.
Explain the legislative process in Parliament and evaluate the truth of the above statement.
[25]

4 Explain the jurisdiction of the County Court, including small claims. Discuss the advantages
and disadvantages of bringing a small claim in this court. [25]

5 Describe the role of the Crown Prosecution Service (CPS) in the prosecution of crime.
Critically assess the effectiveness of this body. [25]

6 Louis, aged 20, is attending a protest march against university fees where there is a large
police presence. He is carrying a large rucksack and as it is a windy day he is wearing a
scarf over his face.
Explain the powers a police officer may have to stop, search and arrest Louis. Consider
whether these powers provide adequate protection to a member of the public in this
situation. [25]
 Law Paper-1 14 May/June 2017

Suggested Answers

Question-1:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the magistrate but with no real detail or accuracy.
– There may be very limited points of evaluation but these are not developed.
Band 3 [7–12 marks]
– Student gives a brief but generally accurate explanation of the requirements and application
process involved in becoming a magistrate.
– There may be a brief mention of training, but this may be superficial and poorly explained.
– There is unlikely to be any discussion of detail and very little, if any, reference to the
analytical issues within the question.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the requirements and application process
involved in becoming a magistrate, but these may not have wide ranging detail at the lower
end of the band.
– Training will be discussed but again, at the lower end of the band, detail may be omitted.
– Better students may begin to address the analytical issues of the problems associated with
becoming a magistrate within the question, but at the lower end of the mark band this may
be limited and unfocussed on the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the requirements and application
process involved in becoming a magistrates and the training which needs to be undertaken.
– Student evaluates the issues and difficulties in becoming a magistrate.

Question-2:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the concept of Equity, but goes no further.
– No illustration by way of case law.
– There may be very limited points of evaluation but these are not developed.
 Law Paper-1 15 May/June 2017

Band 3 [7–12 marks]

– Student gives a brief but generally accurate explanation of the concept of equity.
– There may be brief mention of concept, maxims or remedies, but these may be superficial
and poorly explained.
– There is unlikely to be any discussion of detail and very little, if any, reference to the
analytical issues within the question.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of concepts, maxims and remedies, but these may
not have wide ranging case or example illustration.
– Better students may begin to address the analytical issues of the modern use of Equity
within the question, but at the lower end of the mark band this may be limited and
unfocussed on the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the concepts, maxims and remedies
with detailed and wide ranging illustrations.
– Student evaluates the issues of modern use within the question well, using a good range of
illustration and case law.

Question-3:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the process in Parliament, but goes no further.
– There may be very limited points of evaluation but these are not developed.
Band 3 [7–12 marks]
– Student gives a brief but generally accurate explanation of the process in Parliament,
including all of the stages with no detail or some of the stages with very little detail.
– There may be limited and undeveloped points of evaluation.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the process in Parliament including all of the
stages with some detail, or most of the stages with good detail.
– Better students may address the evaluative aspect of the question, but at the lower end of
the mark band this may be limited and lack focus on the question.
 Law Paper-1 16 May/June 2017

Band 5 [20–25 marks]

– Student gives a clear and very detailed explanation of the process in Parliament including all
of the stages with good levels of detail.
– Student addresses the evaluative aspect of the question well, with developed arguments
and reasoned conclusions.

Question-4:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the jurisdiction of the County Court but goes no
further.
– There may be very limited points of evaluation but these are not developed.
Band 3 [7–12 marks]
– Student gives a brief but generally accurate explanation of the jurisdiction of the County
Court.
– There may be brief mention of detail, but this may be superficial and poorly explained.
– There is likely to very little, if any, reference to the analytical issues within the question.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the jurisdiction of the County Court, but this may
not be wide ranging or detailed.
– Better students may begin to address the analytical issues but at the lower end of the mark
band this may be limited and unfocussed on the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation jurisdiction of the County Court.
– Student evaluates the advantages and disadvantages of the process, perhaps including
detail of why the process was created.

Question-5:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the role of the CPS but goes no further.
– There may be very limited points of evaluation but these are not developed.
 Law Paper-1 17 May/June 2017

Band 3 [7–12 marks]

– Student gives a brief but generally accurate explanation of the role of the CPS.
– There may be brief mention of detail, but this may be superficial and poorly explained.
– There is likely to very little, if any, reference to the analytical issues within the question.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the role of the CPS, but this may not be wide
ranging or detailed.
– Student can explain the criteria used in prosecution decisions.
– Better students may begin to address the analytical issues and discuss some cases as
examples of miscarriages of justice prior to the creation of the CPS but at the lower end of
the mark band this may be limited and unfocussed on the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the role of the CPS with detailed
explanation of the prosecution criteria and use of cases to illustrate this.
– Student considers the analytical issues concerning miscarriages of justice in some detail
drawing well-reasoned conclusions.

Question-6:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the police powers of stop, search and/or arrest,
but goes no further.
– There is unlikely to be any illustration by way of case law, statute or codes.
– There may be very limited points of evaluation but these are simplistic and not developed.
Band 3 [7–12 marks]
– Student gives a brief but generally accurate explanation of police powers of stop, search
and/or arrest.
– There may be brief mention of cases, statute or codes, but these may be superficial and
poorly explained.
– There is unlikely to be any discussion of detail and very little, if any, reference to the
analytical issues within the question.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of police powers of stop, search and arrest, but
these may not have wide ranging case, code or statute or example illustration.
 Law Paper-1 18 May/June 2017

– Better students may begin to address the analytical issues of the protection of rights within
the question, but at the lower end of the mark band this may be limited and unfocussed on
the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the police powers of stop, search and
arrest with detailed and wide ranging illustration, using cases, statute and codes with a high
level of accuracy.
– Student evaluates the issues of protection of rights within the question well, using a good
range of illustration and case law.
 Law Paper-1 19 May/June 2017

May/June 2017 Paper 12

Answer any three questions

1 Explain the recruitment and training of the judiciary. Consider whether the training of judges
is adequate. [25]

2 Describe the legislative process in Parliament. What are the advantages and disadvantages
of making law in this way? [25]

3 Explain the various aims of sentencing and evaluate how far the types of sentence available
for adults reflect each aim. [25]

4 The doctrine of precedent offers guidelines but very few strict rules.
Explain how precedent works in the English legal system and consider to what extent the
above statement is true. [25]

5 Explain the pre trial matters which apply to a defendant charged with a triable either way
offence.
Discuss the advantages and disadvantages of being tried in the Magistrates’ Court. [25]

6 Describe the selection process for jurors. Discuss the advantages and disadvantages of
using a lay person for this role. [25]
 Law Paper-1 20 May/June 2017

Suggested Answers

Question-1:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the recruitment and/or training process of the
judiciary but is unlikely to give any detail.
– There may be limited points of evaluation but these are not developed.
Band 3 [7–12 marks]
– Student gives a brief explanation of the recruitment and/or training of some types of judge,
but these may be superficial and poorly explained.
– There is unlikely to be any discussion of training, and little, if any, reference to the analytical
issues within the question.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the recruitment and training of most types of
judge but may not have wide ranging detail.
– Students who discuss either recruitment or training are unlikely to achieve more than 15
marks.
– Better students may begin to address the analytical issues of the adequacy of judicial
training, but at the lower end of the mark band this may be limited and unfocussed on the
question.
Band 5 [20–25 marks]
– Student gives a clear and detailed explanation of the recruitment and training of all types of
judge.
– Student evaluates the issues of judicial training within the question well.

Question-2:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the process in Parliament, but goes no further.
– There may be very limited points of evaluation but these are not developed.
 Law Paper-1 21 May/June 2017

Band 3 [7–12 marks]

– Student gives a brief but generally accurate explanation of the process in Parliament,
including all of the stages with no detail or some of the stages with very little detail.
– There may be limited and undeveloped points of evaluation.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the process in Parliament including all of the
stages with some detail, or most of the stages with good detail.
– Better students may address the evaluative aspect of the question within the question, but at
the lower end of the mark band this may be limited.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the process in Parliament including all
of the stages with good levels of detail.
– Student addresses the evaluative aspect of the question well, with developed arguments
and reasoned conclusions.

Question-3:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the aims of sentencing and/or sentences available
but with no detail.
– There may be very limited points of evaluation but these are not developed.
Band 3 [7–12 marks]
– Student gives a brief but generally accurate explanation of aims of sentencing and/or
available sentences.
– However, these lack detail and student fails to link aims to sentences with any consistency.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the aims of sentencing with some links to relevant
sentences.
– Better students may address the evaluative aspect of the question within the question, but at
the lower end of the mark band this may be limited and unfocussed on the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the aims of sentencing and the
relevant available sentences.
 Law Paper-1 22 May/June 2017

– Student addresses the evaluative aspect of the question well, with developed arguments and
reasoned conclusions.

Question-4:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the concept of precedent but goes no further.
– There may be very limited points of evaluation but these are not developed.
Band 3 [7–12 marks]
– Student gives a brief but generally accurate explanation of the concept of precedent,
perhaps offering limited definitions of concepts such as ratio and obiter but with little detail.
– There is unlikely to be any illustration with case law.
– There may be limited and undeveloped points of evaluation.
– Students who use no case citation are unlikely to achieve more than 12 marks.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the concept of precedent defining and explaining
the main terms and rules.
– There will be illustration with relevant case law.
– Better students may address the evaluative aspect of the question within the question,
distinguishing guidelines from rules and emphasising the methods used by judges to avoid
the stricter rules.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the concept of precedent, defining the
main terms and rules with a high level of accuracy and illustration.
– Student addresses the evaluative aspect of the question well, with developed arguments and
reasoned conclusions.

Question-5:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student shows a very basic understanding of the Magistrates’ and/or Crown Court, but is
unable to discuss the processes involved.
– There may be very limited points of evaluation but these are not developed.
 Law Paper-1 23 May/June 2017

Band 3 [7–12 marks]

– Student gives a brief but generally accurate explanation of the TEW process in the
Magistrates’ and/or Crown Court including all of the stages as a list with no detail or some of
the stages with very little detail.
– There may be limited and undeveloped points of evaluation.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of the process including all of the stages with some
detail, or most of the stages with good detail.
– Better students may address the evaluative aspect of the question within the question, but
at the lower end of the mark band this may be limited and unfocussed on the question.
Band 5 [20–25 marks]
– Student gives a clear and very detailed explanation of the process including all of the stages
with good levels of detail.
– Student addresses the evaluative aspect of the question well, with developed arguments and
reasoned conclusion

Question-6:
Band 1 [0 marks]
– Irrelevant answer.
Band 2 [1–6 marks]
– Student gives a very basic explanation of the selection process for jurors, but with little
accurate detail and vague evaluative comment.
Band 3 [7–12 marks]
– Student gives a basic explanation of the selection of jurors with some detail and some
limited evaluative comment.
Band 4 [13–19 marks]
– Student gives a reasonable explanation of selection of jurors perhaps including qualification,
disqualification, eligibility, excusal, challenge and vetting.
– Some attempt to link to the analytical component of the question and a discussion of the
advantages and disadvantages of using lay jurors.
Band 5 [20–25 marks]
– Student gives a clear explanation of the selection of jurors including qualification,
disqualification, eligibility, excusal, challenge and vetting.
– Defines and illustrates the advantages & disadvantages of jury service using case law to
illustrate the discussion where relevant and drawing well-reasoned conclusions.
 Law Paper-1 24 May/June 2017

– Examples of the type of arguments in favour of use of the jury may include (a) inclusion of
the public in the process; (b) cheaper; (c) local knowledge; (d) not case hardened; (e)
judgment by peers.
– Some arguments against use of the jury: (a) no training; (b) inconsistent verdicts; (c) open to
interference and also persuasion from the press etc. (d) juries not transparent.
S a lPoi
e nt