AQA GCSE Unit 2 Law

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  • Created on: 29-04-13 16:29
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UNIT TWO GCSE LAW
Actus Reus
CRIMINAL LAW Mens Rea
Killing must be unlawful Intention to kill or cause GBH
MURDER
Causation must be established Causation must be established
"Where a person of sound mind
The victim must be human Foresight of consequences
unlawfully kills any reasonable
The victim must die
The test for deciding if there is
creature in being, under the evidence of foresight of
Must be under the Queen's peace
consequences are:
Queen's peace with malice
Murder = Mandatory life · was death or serious injury a
sentence aforethought, either express or virtual certainty as a result of
D's actions
Thin skull rule:
implied" · did the defendant appreciate
that death or serious injury was
a virtual certainty?
`You take your victim as you find them.' So, if a more - Lord Coke
serious injury occurs than was intended because of
some condition of the victim, D would still be guilty. Don't
forget to
drop in: Chain of
Strict liability: causation, the
reasonable man
Only Actus reus is need to prove guilt (not Mens Rea). and `but for' test
Often minor offences and regulatory offences (display where appropriate
of tax disk). Encourages greater care however a
person may be guilty even if they are not really to
blame, e.g. Stowager v John (fallen tax disk).
KEY CASES:
R v Vickers (intent to cause GBH) AND R v Moloney (dad and son drunk, dad shot - quashed and replaced with manslaughter) AND R v White
(poisoned mother; died regardless, actus reus not there - not guilty.
EVALUATION OF MURDER
Intent to cause serious injury should not be a mens rea for murder. The stigma attached to a murder
conviction should not follow a person who did not foresee or intend death.
MURDER
The mandatory life sentence is criticised as it does not take into account the circumstances of the case, ranging from:
euthanasia, to a cold blooded killer.
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VOLUNTARY MANSLAUGHTER
Diminished responsibility: Homicide Act 1957, Section 2
If charged with murder, a defendant may plead one of the partial defences to murder. A judge therefore may
give a discretionary life sentence; often lesser sentences are handed out. REMEMBER: a defendant cannot be
charged with voluntary manslaughter as this only comes to fruition if a defence is successful in court.
"A state of mind so different from that of ordinary human beings that
1. Abnormality of the mind.…read more

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INVOLUNTARY MANSLAUGHTER
Gross negligence manslaughter
Including: parent to child, employer to employee, through contract or
1. Defendant owed the victim a legal
part of a job. It may arise simply because a person ought to have
duty of care.
realised that their actions would directly affect the other person.
Breach of duty means failing to take reasonable care in the
2. The duty of care was breached.
circumstances.
3.…read more

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NON-FATAL OFFENCES AGAINST THE PERSON
Offence Act Actus Reus Mens Rea Key case
Criminal
Intention or recklessness that
Justice Act To cause apprehension of immediate,
Assault the victim would be caused R v Ireland
1988, section unlawful force.
by this apprehension of force.
39
Criminal
Intention or recklessness that
Justice Act Collins v
Battery To use unlawful force on a person. unlawful force would be
1988, section Wilcock
used.…read more

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OFFENCES AGAINST PROPERTY
Offence Act Actus Reus Mens Rea Key case
To act dishonestly with the
Theft Act
Theft Appropriate property, belonging to another. intent to permanently R v Morris
1968, section 1
deprive.
To steal and immediately before or at the
To act dishonestly with the
Theft Act time of doing so, use force on any person or
Robbery intent to permanently R v Hale
1968, section 8 putting any person in fear of being subjected
deprive.
to force.…read more

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GENERAL DEFENCES TO CRIME
Insanity
Key terms: 1. Defendant must have been suffering from a `disease of the
mind' such as diabetes and epilepsy.
Specific Intent: crimes where a 2. The disease must have caused a `defect of reason'
specific intent (not recklessness) is 3. Either they did not know the `nature and quality' of their act
required, e.g. murder intent to kill or they did not know it was wrong.…read more

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UNIT TWO GCSE LAW
FAMILY LAW
MARRIAGE
"The voluntary union for life by one
man and one woman to the exclusion
of all others"
- Hyde v Hyde
Requirements of a valid marriage Detail
If either party is under 18, consent must be given by the parents.
If permission is refused, the child can apply to the magistrate's
court where they will make a decision in the best interests of
At least 16 years of age the minor such as if she is pregnant.…read more

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Church of England ceremonies
Marriage by banns
The traditional method. The banns are an announcement of the intended marriage. Read out on 3 successive Sundays in the
parish churches of both parties in the 3 months immediately before the wedding is to take place. A person may object to the
marriage for a valid reason, e.g. parents of a minor.
Marriage by common licence
This is on the authority of the local Bishop.…read more

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Nullity of marriage - Matrimonial Causes Act
High Court (Family Division)
VOID MARRIAGE VOIDABLE MARRIAGE
Under 16 Non consummation of the marriage
If either party had not genuinely consented e.g. `shotgun wedding'
If either party is already married or if one of the parties was too drunk to consent. Under duress
that, `overbears the will of the person.' Hirani v Hirani
If at the time of the marriage, either party was suffering from a
Too close blood relationship
mental disorder - Mental Health Act.…read more

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DIVORCE
The law on divorce - Matrimonial and Family Proceedings Act
The party applying for the divorce is called the petitioner; the other party is called the respondent.
The application is started by presenting a document called a petition to the court, which will be initially the county court.
Complex divorces may be transferred to the High Court (family division).
The vast majority of divorce cases are undefended.…read more

Comments

MILLICENT THOMAS


Fantastic and can be used as a revision pack

Matt

thanks :)

kevsev

Hey! This is great, by chance do you do A Level Law?

Matt

nope sorry haha, i've got quite a bit science resources for gcse and as though if you're interested?

karen

Hi. Just wanted to say THANK YOU for this. It's great. the 2 topics I also teach my GCSE Law students. Brilliant!

Fatimah__:)

amazing just wat i needed since my law teachers a bit pressured for time! great doc!

SophieC1408

any unit 1's?

Jan.D

Absolutely fantastic.

Thank you so much for posting this.

Jan.D

Jan.D

An absolutely fantastic resources. Hours of work, fantastic content and presentation. Brilliant!!

jwizz

great, do you do it for the law of tort and rights and responsibilities? i'm not studying family or criminal

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