A-level LAW 7162/1 Paper 1 Mark scheme June 2022 Version: 1.0 Final Mark Scheme

AQA A-level LAW 7162/1 Paper 1 Mark scheme June 2022 Version: 1.0 Final Mark Scheme Mark schemes are prepared by the Lead Assessment Writer and considered, together with the relevant questions, by a panel of subject teachers. This mark scheme includes any amendments made at the standardisation events which all associates participate in and is the scheme which was used by them in this examination. The standardisation process ensures that the mark scheme covers the students’ responses to questions and that every associate understands and applies it in the same correct way. As preparation for standardisation each associate analyses a number of students’ scripts. Alternative answers not already covered by the mark scheme are discussed and legislated for. If, after the standardisation process, associates encounter unusual answers which have not been raised they are required to refer these to the Lead Examiner. It must be stressed that a mark scheme is a working document, in many cases further developed and expanded on the basis of students’ reactions to a particular paper. Assumptions about future mark schemes on the basis of one year’s document should be avoided; whilst the guiding principles of assessment remain constant, details will change, depending on the content of a particular examination paper. Further copies of this mark scheme are available from Level of response marking instructions Level of response mark schemes are broken down into levels, each of which has a descriptor. The descriptor for the level shows the average performance for the level. There are marks in each level. Before you apply the mark scheme to a student’s answer read through the answer and annotate it (as instructed) to show the qualities that are being looked for. You can then apply the mark scheme. Step 1 Determine a level Start at the lowest level of the mark scheme and use it as a ladder to see whether the answer meets the descriptor for that level. The descriptor for the level indicates the different qualities that might be seen in the student’s answer for that level. If it meets the lowest level then go to the next one and decide if it meets this level, and so on, until you have a match between the level descriptor and the answer. With practice and familiarity you will find that for better answers you will be able to quickly skip through the lower levels of the mark scheme. When assigning a level you should look at the overall quality of the answer and not look to pick holes in small and specific parts of the answer where the student has not performed quite as well as the rest. If the answer covers different aspects of different levels of the mark scheme you should use a best fit approach for defining the level and then use the variability of the response to help decide the mark within the level, ie if the response is predominantly level 3 with a small amount of level 4 material it would be placed in level 3 but be awarded a mark near the top of the level because of the level 4 content. Step 2 Determine a mark Once you have assigned a level you need to decide on the mark. The descriptors on how to allocate marks can help with this. The exemplar materials used during standardisation will help. There will be an answer in the standardising materials which will correspond with each level of the mark scheme. This answer will have been awarded a mark by the Lead Examiner. You can compare the student’s answer with the example to determine if it is the same standard, better or worse than the example. You can then use this to allocate a mark for the answer based on the Lead Examiner’s mark on the example. You may well need to read back through the answer as you apply the mark scheme to clarify points and assure yourself that the level and the mark are appropriate. Indicative content in the mark scheme is provided as a guide for examiners. It is not intended to be exhaustive and you must credit other valid points. Students do not have to cover all of the points mentioned in the indicative content to reach the highest level of the mark scheme. An answer which contains nothing of relevance to the question must be awarded no marks. 01 Which of the following best describes the mens rea for the offence of assault (battery) occasioning actual bodily harm? [1 mark] Marks for this question: AO1 = 1 A Intention or recklessness as to causing fear of force or applying force. 02 Which of the following can be used as evidence to support a defence of loss of control under s54 and s55 of the Coroners and Justice Act 2009? [1 mark] Marks for this question: AO1 = 1 A The defendant acted due to fear of serious violence. 03 When interpreting a statute, which of the following requires a judge to give words their plain, ordinary meaning even if the outcome is absurd? [1 mark] Marks for this question: AO1 = 1 B Literal Rule. 04 Which statement best describes a ‘binding precedent’ within the doctrine of judicial precedent? [1 mark] Marks for this question: AO1 = 1 C A judgment made in a previous case which must be followed by judges in later cases. 05 Public funding is sometimes available for criminal cases, as long as the ‘interests of justice’ test is met. Which of the following is not relevant to the ‘interests of justice’ test? [1 mark] Marks for this question: AO1 = 1 B The financial status of the defendant. 06 Explain any two features that are essential to the operation of judicial precedent. [5 marks] Marks for this question: AO1 = 5 Levels of response mark scheme 5 marks – AO1 only Mark range Description 4–5 Band 3 Knowledge is good and demonstrates a good understanding of the English legal system. Where appropriate a good example of a case to illustrate suggested reasons. 2–3 Band 2 Knowledge is satisfactory and demonstrates a satisfactory understanding of the English legal system. Where appropriate a satisfactory example of a case to illustrate reasons. 1 Band 1 Knowledge is limited and demonstrates a limited understanding of the English legal system. Where appropriate a limited example of a case to illustrate reasons. 0 Nothing worthy of credit. Indicative content • Identification and explanation of the principle of stare decisis. • Identification and explanation of the ratio decidendi of the case. • Identification and explanation of the hierarchy of the courts. • Identification and explanation of law reporting. Credit any other relevant point(s). Note: Answers which do not explain two features cannot achieve marks higher than band 2. 07 Using the rules on duress, suggest why, in law, the defence of duress is likely to fail if raised by Alice at her trial. [5 marks] Marks for this question: AO1 = 2 and AO2 = 3 Levels of response mark scheme 5 marks – AO1 (2) and AO2 (3) Mark range Description 4–5 Band 3 Good outline explanation of legal rules and principles and good application to the scenario in order to present a legal argument using appropriate terminology. Good explanation of a relevant case to support the application. 2–3 Band 2 Knowledge is satisfactory and demonstrates a satisfactory understanding of relevant legal rules and principles. Satisfactory application of legal rules and principles to the scenario. Satisfactory explanation of a relevant case to support the application. 1 Band 1 Knowledge is limited and demonstrates a limited understanding of legal rules and principles. 0 Nothing worthy of credit. Indicative content AO1 • The defence of duress may not be available if the defendant entered into a voluntary association. • The defence of duress will not be available where the defendant puts themselves in a position where they foresaw (or should have foreseen) the risk of being subjected to any compulsion by threats of violence. • Appropriate supporting case law may include: Sharp, Hasan, Ali. AO2 • Application of the law to suggest that Alice voluntarily joined and stayed part of a criminal gang. • Application to suggest that Alice had been a member of the gang for several years and knew that they used violence and so she should have known or foreseen that threats could be used against herself. • Application to conclude that the defence of duress will fail. Credit any other relevant point(s). Note: Some credit can be given for other relevant elements of duress. Such an approach on its own would achieve max 2 marks.