Possible Qs For Unit 2 Law

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Preview of Possible Qs For Unit 2 Law

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Explain the meaning of the term `causation'.
-Explanation of the meaning of causation. This can include:
-Factual causation ­ `but for' test and explanation, cases/examples to illustrate, eg White.
-Legal causation ­ significant and operative cause; novus actus interveniens:
-Cases/examples to illustrate: medical negligence, eg Smith, Jordan, Cheshire; contribution of
others, eg Benge
*pre-existing medical condition, eg Hayward
*victim's own contribution, eg Roberts, Williams
Explain the meaning of the term `mens rea'.
Explain the meaning of the term `actus reus'.
Explain the meaning of `transferred malice'.
Explain the meaning of the term `contemporaneity rule'.
Explain the meaning of, and the reasons for, strict liability in criminal offences.
-Explanation of the meaning of offences of strict liability, ie offences requiring no mens
rea with respect to some/all of the actus reus. Possible reference to both statutory and
common law offences.
-Cases and/or examples in support, eg A/G v PYA Quarries, Harrow LBC v Shah,
Smedleys v Breed, Alphacell v Woodward.
- Explanation of the reasons for offences of strict liability, ie regulatory offences designed
to protect public interest, easier to prove, saving court time, etc.
Outline the procedure:
Either way
Outline the range of sentences.
Outline the aims of the sentences.

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Briefly explain the aims of sentencing and outline the range of sentences available to the
court if defendant were to be convicted of any offence.
-Brief explanation of aims of sentencing, ie punishment; reduction of crime; reform and rehabilitation
of offenders; protection of the public; reparation by offenders; general and individual deterrence;
possible reference to s142 of CJA 2003.
-Outline of the range of sentences, ie custodial (immediate or suspended); community (+
requirements); financial (means); discharge (types).
Possible recognition of the `seriousness' criteria (CJA 1991).…read more

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Explain the meaning of the term `breach of duty'.
Damage involves the rules of causation and remoteness of damage. Outline the
meaning of these rules.
Discuss whether the defendant was in breach of these duties.
Discussion and application of the rules relating to breach of duty
Reasonable man test and risk factors
Discuss whether claimants damage was too remote.
Application of remoteness tests. This can include:
Take your victim as you find her
Type of injury, but not exact form or extent.…read more

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Burden of proof shifts to the defendant
-Case/example in support, eg Byrne v Boadle, Pearson v NW Gas Board…read more


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