A-level LAW 7162/2 Paper 2 Mark scheme June 2022 Version: 1.0 Final Mark Scheme

AQA A-level LAW 7162/2 Paper 2 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 In a claim for negligence, the court must decide if there has been a breach of the duty of care. Which of the following will the court not take into account when reaching this decision? [1 mark] Marks for this question: AO1 = 1 C Whether the defendant was an inexperienced learner. 02 In a claim for psychiatric injury, which of the following best describes a secondary victim? [1 mark] Marks for this question: AO1 = 1 A A bystander who saw or heard the accident. 03 Which of the following is not part of the work of the Law Commission? [1 mark] Marks for this question: AO1 = 1 B Enacting new laws. 04 When new legislation is enacted in Parliament, which of the two Houses of Parliament is usually more powerful? [1 mark] Marks for this question: AO1 = 1 A The House of Commons. 05 Which statement best describes the availability of legal aid in a civil case? Legal aid is: [1 mark] Marks for this question: AO1 = 1 D rarely available, and is subject to means testing. 06 Explain any three aspects of the role of a High Court judge when hearing a negligence case. [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 suggested 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 suggested reasons. 0 Nothing worthy of credit. Indicative content AO1 • The requirement for a HCJ to hear a case so as to be impartial and independent of the parties. • To try a case brought before the court in order to reach a decision as to which party wins. • An application of the balance of probabilities to decide the case as between C and D. • To listen to witnesses and to evaluate their credibility. • To consider and evaluate other forms of evidence such as reports and exhibits. • Consideration of and rulings on aspects of applicable law for instance on questions relating to duty of care. • Consideration of and rulings on aspects of applicable law for instance on questions relating to breach. • Consideration of and rulings on aspects of applicable law for instance on questions relating to causation. • Consideration of any defence put forward and any impact on the outcome. • Decision as to remedies (in the event that the claimant wins): amount of damages. • Decision as to which party pays the costs of the case. • The appellate function of a HCJ in relation to cases originating in the County Court and, possibly, any work of a HCJ in the Court of Appeal. Answers which do not explain three aspects cannot achieve marks higher than band 2. Credit any other relevant point(s). 07 Suggest why Harun owes a duty of care to Izzy under the rules governing occupiers’ liability. [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 the relevant legal rules and principles. 0 Nothing worthy of credit. Indicative content AO1 • Brief explanation of s.1 of the Occupiers’ Liability Act 1957 in respect of the definition of ‘premises’ and dangers due to the state of the premises or to things done or omitted to be done on them. • Brief explanation of s.1 and s.2 of the Occupiers’ Liability Act 1957 in relation to an ‘occupier’ and a ‘lawful visitor’ and the notion that the former owes the latter a duty of care in respect of the premises. Possible brief explanation of appropriate supporting case law, eg Wheat v Lacon. AO2 • Application to argue that Izzy, as a guest, had express permission to be in the hotel and therefore was a lawful visitor. • Application to argue that the hotel was premises for the purposes of the 1957 Act and that Harun was the occupier. • Application to suggest that Harun, as occupier, therefore owed a duty of care in respect of the premises to Izzy as a lawful visitor. Reference to the 1957 Act, or its individual section numbers, may be credited but is not required. Credit any other relevant point(s).