AQA_2024: A-level Law - Paper 1 (Merged Question Paper and Marking Scheme) (Thursday 23 May 2024)

AQA_2024: A-level Law - Paper 1 (Merged Question Paper and Marking Scheme) (Thursday 23 May 2024) Please write clearly in block capitals. Centre number Surname Forename(s) Candidate signat ure A-level LAW Paper 1 I declare this is my own work. Candidate number Thursday 23 May 2024 Materials  You will need no other materials. Instructions Afternoon  Use black ink or black ball-point pen.  Fill in the boxes at the top of this page.  Answer all questions. You must answer the questions in the spaces provided. Do not write on blank pages. Time allowed: 2 hours  If you need extra space for your answer(s), use the lined pages at the end of this book. Write the question number against your answer(s).  Do all rough work in this book. Cross through any work you do not want to be marked.  Questions should be answered in continuous prose. Give reasoned answers. Where appropriate, make reference to cases, statutes and examples. Information  The marks for questions are shown in brackets.  The maximum mark for this paper is 100. For Examiner’s Use Question Mark 1–5 6 7 8 9 10 11 TOTAL A-Level Law: Paper 1 (Thursday 23 May 2024). Exam Summary This paper typically covers the key principles of criminal law and tort law, providing an in-depth examination of these areas, with a focus on applying legal rules to specific factual scenarios. Key topics usually include: Criminal Law: 1. General Principles of Criminal Liability: o Actus Reus (Guilty Act): Understanding the physical element of a crime, including voluntary acts, omissions, and state of affairs crimes. o Mens Rea (Guilty Mind): Exploring the mental element of a crime, such as intention, recklessness, negligence, and knowledge. 2. Types of Offenses: o Homicide: Key offenses like murder and manslaughter, including the legal definitions, defenses (such as self-defense, diminished responsibility), and the mens rea required for each. o Non-Fatal Offenses Against the Person: Crimes like assault, battery, ABH (Actual Bodily Harm), and GBH (Grievous Bodily Harm), along with the relevant actus reus and mens rea for each. o Theft: The elements of theft, including dishonest appropriation of property, and the defenses available. o Robbery and Burglary: Defining these offenses and examining the mens rea and actus reus for each. 3. Defenses in Criminal Law: o Insanity and Automatism: The legal tests for insanity and automatism and how they apply to criminal cases. o Self-Defense: The circumstances under which self-defense can be used as a defense, including proportionality and the use of reasonable force. o Intoxication: The impact of voluntary and involuntary intoxication on criminal liability. Tort Law: 1. Negligence: o Duty of Care: When a duty of care is owed and how it is established, including Donoghue v Stevenson (1932) and the neighbor principle. o Breach of Duty: What constitutes a breach of duty, and how the standard of care is determined. o Causation: The "but for" test and the proximate cause rule, along with remoteness of damage. o Defenses: Contributory negligence and volenti non fit injuria (consent to risk). 2. Liability in Tort: o Occupiers' Liability: Understanding the duties owed by occupiers to visitors and trespassers under the Occupiers' Liability Acts. o Vicarious Liability: The circumstances under which an employer can be held liable for the torts committed by their employees in the course of employment. o Nuisance: The types of nuisance (public and private), and the elements required to prove a claim. 3. Intentional Torts: o Assault and Battery: The definitions and elements of assault and battery, the defenses available, and the harm required. o False Imprisonment: The elements required to prove false imprisonment and the defenses available. Evaluation of Legal Rules and Principles:  The paper may require students to critically evaluate the application and effectiveness of legal principles and rules in specific contexts, comparing case law and statutory provisions. 7162/1 IB/G/Jun24/G4004/E4 2 Do not write outside the box Answer all questions in the spaces provided. IB/G/Jun24/7162/1 Only one answer per question is allowed. For each question completely fill in the circle alongside the appropriate answer. CORRECT METHOD WRONG METHODS If you want to change your answer you must cross out your original answer as shown. If you wish to return to an answer previously crossed out, ring the answer you now wish to select as shown. 0 1 Which one of the following statements about the offence of murder is true? [1 mark] A The defendant must have acted involuntarily. B The defendant must have committed an unlawful act. C The defendant must have foreseen a risk of death. D The defendant must have intended death or serious injury. 0 2 Which one of the following statements about the defence of duress is false? [1 mark] A The defence of duress, if successfully pleaded, leads to an acquittal. B The defence of duress is available if the defendant acted due to a serious threat to their reputation. C The defence of duress is not available for the crime of attempted murder. D The defence of duress may fail if the defendant had voluntarily joined a violent gang. 3 Do not write outside the box IB/G/Jun24/7162/1 0 5 Which one of the following best describes the operation of the golden rule of statutory interpretation? [1 mark] A The court asks what gap in the law led to the statute being enacted. B The courts can only give words in a statute their plain, ordinary meaning. C The courts consider the purpose for which the statute was passed. D The courts may choose to modify the meaning of a word in a statute to avoid an absurd outcome. 5 0 3 Which one of the following statements about a trial in the criminal courts is true? [1 mark] A Any defence raised by the defendant must be proved beyond all reasonable doubt. B The defendant will be asked to plead guilty or not guilty. C The prosecution must prove the case against the defendant on the balance of probabilities. D The trial will begin in the County Court. 0 4 In relation to the Bar Standards Board (BSB), which one of the following statements is false? [1 mark] A The BSB can disbar a barrister who has breached the code of conduct. B The BSB is the body which regulates barristers. C The BSB sets out a code of conduct for barristers. D The BSB sets training and entry standards for barristers. Turn over for the next question Turn over ► 4 Do not write outside the box IB/G/Jun24/7162/1 0 6 Explain three of the roles of magistrates in a criminal case. [5 marks] Extra space 5 5 Do not write outside the box IB/G/Jun24/7162/1 5 0 7 Alicia went to a local bank armed with a gun, intending to commit a robbery. She was about to enter the bank when she saw two police officers standing near the entrance. Alicia walked straight past the bank and returned home. Suggest why, in law, Alicia probably did not commit the actus reus of an attempted robbery. [5 marks] Extra space Turn over for the next question Turn over ► 6 Do not write outside the box IB/G/Jun24/7162/1 0 8 Bert had a history of experiencing hallucinations, which made him hear and see things that were not really there. One evening when he was alone at home, Bert began to hallucinate and believed that he was seeing wild animals trying to get into his house. When his wife, Connie, arrived home, Bert believed that she was an animal. He grabbed a knife and stabbed Connie several times. Connie died of her injuries and Bert was charged with her murder. Advise Bert on whether he could successfully plead the defence of diminished responsibility. [10 marks] 7 Do not write outside the box IB/G/Jun24/7162/1 Extra space Turn over ► 10 8 Do not write outside the box IB/G/Jun24/7162/1 In Question 09 you are required to provide an extended answer which shows a clear, logical and sustained line of reasoning leading to a valid conclusion. 0 9 In the context of criminal law, examine the principles of correspondence and maximum certainty. Discuss the extent to which the crime of murder satisfies the principle of correspondence. [15 marks] 9 Do not write outside the box IB/G/Jun24/7162/1 Extra space Turn over ► 15 10 Do not write outside the box IB/G/Jun24/7162/1 In Question 10 you are required to provide an extended answer which shows a clear, logical and sustained line of reasoning leading to a valid conclusion. 1 0 Dean was walking home after drinking several pints of beer in a bar. He saw Ezra. Ezra had recently borrowed £100 from him but had not paid him back. Dean ran towards Ezra shouting that he would ‘hurt him’ if he did not return the money now. Ezra immediately panicked. As he hastily turned to get away, he tripped, hit his head on the pavement and lost consciousness. Dean saw that Ezra’s gold bracelet had fallen to the ground. He decided to take the bracelet and keep it because Ezra owed him the £100. Dean then telephoned for an ambulance. When Ezra arrived at hospital, he was given medication to stabilise his condition but he suffered a rare allergic reaction and died. Consider the criminal liability of Dean for the death of Ezra and for his actions with regard to the bracelet. [30 marks] 11 Do not write outside the box IB/G/Jun24/7162/1 Turn over ► 12 Do not write outside the box IB/G/Jun24/7162/1 Extra space