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What does this represent?  LEGAL  L EGAL  L E GAL  L E G AL  L E G A L

What does this represent?  LEGAL  L EGAL  L E GAL  L E G AL  L E G A L. AS Law Unit 2. Structuring a theory question. Learning Objectives. I will understand the factors needed to write a theory answer of at least ‘clear’ quality (A-C) I will be able to apply this to causation and mens rea.

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What does this represent?  LEGAL  L EGAL  L E GAL  L E G AL  L E G A L

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  1. What does this represent? LEGAL L EGAL L E GAL L E G AL L E G A L

  2. AS Law Unit 2 Structuring a theory question

  3. Learning Objectives • I will understand the factors needed to write a theory answer of at least ‘clear’ quality (A-C) • I will be able to apply this to causation and mensrea

  4. Starter Activity • On your mini whiteboards you need to write down the answers to these questions and then hold them up when I ask. • There are 3 rounds of increasing difficulty and you will have a score out of 15. • Good luck and God speed, may the power of Crump be with you...

  5. Starter Activity – Easy! • What year was the Offences Against the Person Act? • What section number is GBH with intent? • What section number is ABH? • What type of law are Assault and Battery? • What is the test for factual causation?

  6. Starter Activity – Moderate! • What is the test for legal causation? • What does a crime of strict liability not require? • What is also known as taking your victim as you find them? • What are the 3 tracks that a negligence claim could be heard in? • What court do most negligence claims start in?

  7. Starter Activity – Hard! • What type of damages have a readily quantifiable figure and occur before, and up to, the date of the trial? • An appeal from the High Court to the Supreme Court is also known as what? • What clause allows commercial contracts to go to arbitration before using the civil courts? • Which case gives the test for remoteness of damage? • What is the term for minimising the harmful consequences of someone’s negligent act towards you?

  8. What can you be asked theory questions on in the exam? Criminal: actusreus + omissions, mensrea, causation, strict liability, contemporaneity rule, transferred malice Negligence: duty of care, breach, damage

  9. The principles of a theory question • Start with a general definition of the term asked • Identify the key terms needed to answer the question fully • Ensure you explain each point/key term clearly • Use legal terminology (why?) (hint: think about marks available) • Support your answer with cases/Acts • Put this all together in a logical and coherent way (structure)

  10. Explain the meaning of the term ‘mensrea’ in criminal law. (7 marks) • General definition and explanation • Key terms/terminology • Explanations • Cases • Structure Whiteboards at the ready please!!!

  11. Put it all together • Use your structured sheet to construct the perfect theory question answer.

  12. Proof

  13. Explain the meaning of causation in criminal law. (7 marks) • General definition and explanation • Key terms/terminology • Explanations • Cases • Structure

  14. Proof

  15. Extension Explain the meaning of the ‘contemporaneity rule’. (5 marks)

  16. Learning Objectives • I will understand the factors needed to write a theory answer of at least ‘clear’ quality (A-C) • I will be able to apply this to causation and mensrea

  17. Homework Please complete a model theory answer for: • Strict liability • Contemporaneity rule • Transferred malice • Actusreus and omissions

  18. Legal Teaser • Take the number of different mensrea we look at this year • Multiply it by the number of tests needed to find causation • Subtract the number of duties of care for an omission we have looked at • What total do you have?

  19. Name Generator • http://www.classtools.net/widgets/fruit_machine_6/QxT53.htm

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