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AS LAW Module 1:

Law Making &
The Legal

Past Exam Papers & Mark Schemes 2012/13

This handout includes all past papers and mark schemes to date on the new specification. You should use them to help with your revision as the best way to revise is to test yourself.

Things to note:
* -------------------------------------------------
There are no mark schemes available for the May 2012 and January 2013 papers. You can look at previous mark schemes to get an idea of what they are looking for in your answers. * -------------------------------------------------

Mark schemes are written for examiners not students so some of the language used can be quite complicated, * -------------------------------------------------
Any reference to the “House of Lords” is referring to the newly named “Supreme Court”, * -------------------------------------------------
Only the 4 topics that we identified as exam topics are included in the mark schemes. If you wish to have the mark schemes for the other questions you can find them on the AQA website.

January 2013 Exam Paper:

Topic: Delegated Legislation
0 4 Describe how statutory instruments as a form of delegated legislation, are made and used. (10 marks) 0 5 Describe judicial controls on delegated legislation. (10 marks) 0 6 Briefly discuss advantages and disadvantages of delegated legislation as a form of law making. (10 marks)

Topic: Judicial Precedent
1 0 Briefly explain hierarchy of the courts and ratio decidendi. (10 marks) 1 1 Briefly explain how, and when, judges can avoid having to avoid a precedent: by overruling a precedent and by distinguishing a precedent. (10 marks) 1 2 Discuss advantages of judicial precedent. (10 marks)

Topic: The Civil Courts and other forms of dispute resolution 1 3 Sarah has been seriously injured in an accident and intended to claim compensation for her injuries. Outline both of the following: * The civil courts (including appeal courts) in which her claim for compensation may be heard * the process of negotiation as an alternative method of dealing with her claim. (10 marks) 1 4 Describe arbitration as a form of dispute resolution. (10 marks) 1 5 Briefly discuss advantages and disadvantages of arbitration. (10 marks)

Topic: The Criminal Courts and lay people
1 6 Outline both of the following:
* the trial and appeal courts that hear adult criminal cases * the types of cases dealt with by these courts. (10 marks) 1 7 Outline the qualifications for appointment as a lay magistrate. Briefly explain the training undertaken by a lay magistrate following appointment. (10 marks) 1 8 Discuss advantages of using lay persons (magistrates and juries) in the criminal justice process. (10 marks)

May 2012 Exam Paper:

Topic: Delegated Legislation
04 Statutory instruments, Orders in Council and By-laws are all forms of delegated legislation. Briefly describe any two of these forms. (10 marks)
05 Describe parliamentary controls on delegated legislation. (10 marks) 06 Discuss why Parliament delegates law-making powers (10 marks)

Topic: Judicial Precedent
10 Outline the main features of judicial precedent. (10 marks) 11 Outline the process of overruling and briefly explain how judges in the Supreme Court can avoid following a binding precedent. (10 marks)

12 Discuss either advantages or disadvantages of judicial precedent (10 marks)

Topic: The Civil Courts and other forms of dispute resolution 13 Describe the operation of tribunals as a method of dispute resolution. (10 marks) 14 Including appeal courts, outline the civil courts that can deal with a claim for negligence and briefly describe the process of negotiation. (10 marks) 15 Discuss advantages and disadvantages of using civil courts as a method of dispute...
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