This revision clinic covers essential strategies for AQA A-Level Law Paper 2, including how to approach Question 9 (a 15-marker split into 10 marks for the main topic and 5 marks for a specific area of law), the importance of interspersing cases and statutes throughout answers, and how to achieve top bands through specific application of legal authorities to scenarios. Key topics discussed include law and morality essay structure, types of damages (special vs general), remedies in tort (injunctions), and time management strategies for exam success.
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AQA A-Level Law Paper 2 Revision ClinicAdded:
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Evening everybody. It's John here from Tutor. Welcome you along to another of our exam clinics for Alevel Law. Tonight of course we are concentrating on AQA ale law. Very warm welcome to anybody who is joining us live. Equally warm welcome to anybody who's watching this on catchup. So the whole purpose of the next half an hour is to attempt to answer as many of your questions as we possibly can in that 30 30 minute time frame. Uh we've got one or two little questions that we're going to start with in in a moment or two just to get the ball rolling. Uh but then as soon as we've gone through those, we'll go over to yourselves and uh we'll try and answer them. Now, it's not going to be me answering the questions, of course.
It is going to be Gemma on the left hand side of the screen and Nathan in the middle. Good evening to you both.
>> Hi, everyone.
>> And of course, yeah, it is a very warm welcome to everybody. I'm wondering if wherever you are, you're as hot as I am right now. It has been a lovely halfturn week. I hope you've managed to get a little bit of relaxation alongside some heavy revision over the last few days.
But our exams are not far away now. So I think it's time for us to get started.
So I said we'd start with a couple of questions. Let's put those on the screen and go for those for the time being.
Let's have a look at this.
>> Yeah, sure. So we'll look through some common questions that come up um that have come from our grade booster students. And whilst we're doing that, feel free to put any in the chat that we'll also take. So, um I'll start off with a common question people are generally worried about question nine.
Um I think it is quite a difficult question for students to answer. Now, the thing to remember about question nine, it's a 15 marker, but really it's a 10 and a five marker. Okay? So, you've got your 10 marks for your area of the law. It could be law, morality, law and justice, balancing conflicting interests across different papers. Okay. And then you've got your five marks relating that to a particular area of the law that is picked in the question. Now your 10 marks is pretty easy to obtain. You can write model answers, model essays before you go in looking at law, morality, law and justice the topic. Okay, that um you you're going to um revise and that you that's you can revise that, learn that and go that and go into the exam confident that you can pick up 10 marks.
You're already there with your 10 out of your 15 marks. Then for your five marks relating say law and morality to an area of the specification can be more difficult. Okay, but remember you've got one mark for just defining the area of the law to which it relates and then try and relate that to back to law morality.
So you can easily pick up 11 out of 15 marks. So I think that's the best way to approach that in your revision strategy.
Look at timing yourself. What can you write down in 10 minutes on that particular area of the law? So hopefully that should help you with question nine.
Um in relation to that we do get asked a lot about how many cases or statute should I include in a 30 mark question.
There is no magic number okay to put in.
You've got to make sure that you have got statutes or cases backing up what you are saying. And in some areas you're going to have statutes and um and um cases. So in um in uh vicarious li um in sorry um occupies liability if you look at independent contractors defense you have the um the section that provides for that and then some cases backing it up. You've got to make sure that those are interspersed throughout your answer.
Okay. So one thing you can do when you're revising is do a timed question and then go back and highlight your paper. Highlight it and where are your cases? Where are your authorities? Are they interspersed throughout? How could you improve that? How could you add things in? And also, you know, if at the end of the day, if you are in an exam question and you just can't remember that case, you know, there's a case about a learner driver and you just racking your brains, don't waste the time thinking about it, okay? You have to move on. So, don't get too hung up on, you know, trying to def trying to remember one individual um one individual um case. Don't worry about that. Um and then um another question there is, do I need to include defenses and remedies in my answer? You need to make sure that your answer is fully rounded. Okay? If you were advising a client, what they would want to know is, you know, well, what can I get in my nuisance claim? What what can I get? You know, how can this how can I be helped?
So, you need to look at remedies and defenses as applicable. If there are no defenses, if there's no um contributo negatives, if there's no consent in there, then you're not going to bring them up because that would just be a waste of time. But you do need to consider that and you do need to look at um remedies to give a fully rounded answer. Okay. So I think we have got some um questions coming in um now. So I think if Nathan wants to pick one of those and hopefully we can help you do continue to send in your questions as well.
>> Lovely. Thank you Gemma. Yeah. Um and we we started off with that question on question nine. So let's um let's look at um Mr. F um who who joined us last time.
So uh can you explain law and morality um is the the question. Um it's a good question and I think it's really really relevant. If you look at the AQA spec the concept questions that uh the concept questions that can come up on paper two are fault and morality. We obviously had fault on paper one. So it it could well be morality this time around. Um it's possibility. Don't discount theory of tort although that has been sort of reserved in the past for the seven mark element of question 11. But in terms of of law and morality, Gemma is absolutely right. It's about learning a stock answer and writing it and rewriting it so you can get close to those 10 out of 10 marks as possible.
And you know what I do with my students is we you know any good essay you define what law morality actually mean. Um you you then discuss um how laws and morality are created perhaps how they're how they're enforced. Um how they overlap. um you want to throw in some theorists like the heart and develop uh and I think you want to throw in some some good smatterings of of case law you know reference to English legal system as well um and certainly that's what I would suggest that you do put um an answer together you might want to use tutor to use um excellent um uh marking software um that's very good um and see what that comes out with and then it's just a matter of of of rewriting it and rewriting it and and memorizing it. Um and then you deal with with the five mark you know addition and if it is morality it will then say you know how can we view morality? How can morality be seen in some sort of subtopic? Maybe, you know, uh, insanity, maybe another defense, maybe in manslaughter. Um, and then as as as Jim said, you know, you get one mark for really for sort of making the point and then you just need need a few elements within that five marks. And I say to my students, because we teach as teachers, you know, we really drill them on those scenario questions because they're where they're going to get all, you know, most of the marks. Um, but if you can get in and out of question nine in, you know, 14 15 minutes and come away with a 10 or 11 marks, I I think that's a real win.
Okay. Yeah. GMO, want to do the next one?
>> Yeah, sure. So, um, some, uh, somebody's asked, "Do you think as students we should start at the back of the paper?"
Now, your biggest marks are at the back of the paper, admittedly. Okay. So, I think Nathan's probably going to say, "Yes, you should start at the back of the paper." Okay. Um, it is an individual choice to you. Okay. So, some teachers will say, "Start at the back of the paper because you don't get those done. you um you know you're missing out a lot of marks and that is absolutely true. Okay. Um but I think and look at this when you're revising the best strategy for you. I've taught students who've said well I need to start off I need to warm up. Okay. I need to start off with the multiple choice questions and then go through and then I've had other students who said my absolute nightmare is the 15 marker the question nine. I need to go in and get that out of the way and then I can relax a bit instead of the worry and the dread of that um question. So, you know, yes, that is a strategy to start at the back of the paper and I know some teachers do think about that, but I think you each have you to have your own individual strategy and think about that and what's right for you may not be right for somebody else, but you should be doing that now. time revision, time prep to get your strategy in place and know what you're going to um to do in the exam.
>> Brilliant. Thank you, Jim. And you know me so well, that is exactly um that is exactly what I say. But having said that um I know from you know um student feedback um paper one which was of course last week um students struggled particularly with question 11 um with some of the issues and actually if you looked at the multiple choices and question six 7 8 and nine they were absolute dreams and so um if you were worried about 30 marker in that paper you know you could have got lots of easy marks all the way up to question nine before you even attempted the 30 markers. So yeah, I might have to re-evaluate my advice, Gemma. Um, so um, let's have a look. Uh, we've got Jim Bro 999 and he asks, "Are there any specific ELS for five marker recommended for revision?" Um, yes there are. And if actually you look at the AQA specification for paper 2, um, AQO AQA are not complete, you know, meanies.
they they do not expect you to revise every English legal system topic um for for every single paper. Um and the topics and Gemma you might be able to help me out if I forget any but the the English legal system and law making topics um for paper two are parliamentary law making um they are um statutory interpretation judicial precedent um then we've got um access to justice um we've got civil courts um including alternative dispute resolution I think those are the main ones I might be missing one or two out but >> we've got delegates did you say delegated legislation.
>> I included that as part of parliamentary law. They can be wrong. I think delegated legislation. Yeah. No, that's all right. Um but but if you go to AQA and look at their specification, um you can find out those particular topics and those are the ones that that that you you need to revise. I also think it's perhaps not so much on paper two, but um they've not done statutory interpretation for quite a while. Um and and paper two paper two does lend itself in fact all the scenarios questions do that they the seven mark element of the 30 markers lend themsel to you know if Nathan does want to sue uh you know Gemma and nuisance um you know discuss you know um uh alternative uh ways which he could bring a claim um discussing alternative dispute resolution or um you know ways that he could fund his civil claim which might bring out issues of you know um um CFAs and personal funding and and that type of thing. Um so yeah, my my advice is go and have a look at the AQA spec. They will tell you exactly what ELS subjects you need to learn for paper two and for paper three.
>> Yeah, don't go wasting your time on um doing something that you know we couldn't have come up with in paper one.
It is the last page on the specification as well. So you can go in AQA and just scroll right down to the last page and it shows you. So it's really easy to to find. Okay. Um we've got another question. I struggled with different types of remedies. Okay. Um I think Manraj Sings asked that about different types of remedies. So you do need to look at remedies in tort. Um I mean nuisance is a little bit different because there to to stop the nuisance you're going to want an injunction either full injunction or most likely a partial injunction which will stop them doing the activity between certain hours. um most likely you're going to get damages and you need to there's different types of damages. So your first one to remember is special damages the SP from special um SPC and and also going into specifically calculated.
That's the way I teach people to remember it. So special damages are those that specifically calculated. So think about things you can provide receipts for or things that can be specifically calculated. So if you've been off work for two months, well I earn x amount a month, so that would be x amount. Okay. Um then you've got general damages. These are um things that cannot be specifically calculated.
So that could be future loss of earnings. You know, you you might not know your future loss of earnings, your earning capacity. Might be for future medical expenses. You might not know those what care would be needed. It's also for um pain and suffering um and also for loss of immunity. So for changes in future lifestyle for example um uh that that might affect you. So those are the different types of damages that you need to um take into account when you're looking um so your different types of damages in terms of remedies that you need to take into account.
Okay, >> fabulous. Brilliant. Um I suppose we should add uh um I suppose injunctions another type of of remedy. Obviously we're talking specifically about nuisance >> but but that um so uh we've got Mr. F again and a question so good he's asked it twice. So if you were to accidentally write a wrong verdict that's the one. Um so I think I mean if you if you come to the wrong conclusion um and argue it throughout um but you use good knowledge with key sections good cases and also include the relevant um I think yeah ICG would I lose eight and eight to 15 marks? Um I think the answer to that is no. um for for a couple of reasons. I think um look some law is right and wrong. Um but I think um one of the things which denotes a higher band answer um and and is the ability to argue and counterargue um and um you know and so the conclusion could be yes you know um uh there is a claim for con you know for negligence. Um however um you know if the claimant um had seen the warning sign um then perhaps you can raise the issue of contributing negligence or maybe even of consent if if the you know sign was specific enough. So I don't think just coming to the wrong conclusion as long as you can fully explain the law and apply it. It's not like maths you know where if you lose the wrong answer you're going to get huge amounts of marks taken away. I think also specifically as examiners, you know, within the mark scheme, it states that you are allowed to give credit for anything else that is creditworthy. Um, and one of the things I say to my students is, you know, students want to say, is this right? Is this the right answer? And I say, well, this is law. You know, there is no there is no real black and white. You know, you you have the the the the defense arguing one position and you have the claimant arguing a different position.
And as long as you explain the law um and and probably go down both of those routes, then I think you'll be absolutely fine. So, I wouldn't get too um you know up on that.
>> Yeah, I I agree. I agree. Um we've got another question from Sky here. Do you have any advice on how um to reach top bands in 30 markers? Um there's there's lots of advice really.
Um I think a couple of of things are key. Case law. Okay. case law or statutes. Okay, you will not get into the top band unless you've got cases in there, statutes backing up your points.
It's a law exam and we need to have law in there, legal reasoning in there. So, you need to have your cases, you need to have your statutes, you need to have your legal authorities in there. Okay. I think also it's about the the depth.
Okay. So, yes, anybody can learn the law. Okay. It's then how you apply it.
Okay. And that's really key, applying it. And we don't want bold application.
Okay? We want specific application. The exam questions take so long and are so painful to write and go through so many review and revision processes that um if there's something in there, then it's in there to be used for a reason. So if it's um a child in the scenario, okay, if we're potentially looking at occupies liability, it's been written in there for a reason. You know, make sure you using the question, you know, so it might be um a lawment may be relevant.
It may not actually be a lawment, but you know, you've got to raise the issue and um and question it. Okay? Make sure you've got that specific application. So if you're looking at, you know, negligence, you need to show, you know, where was the breach of duty. Instead of just saying there was a breach of duty, you've got to say, well, there was a breach of duty because the reasonable competent driver would not have been speeding, going round a blind bend on the wrong side of the road whilst texting in icy driving conditions, you know. So, you've got to explain it and use the information that's given to you in the in the question. So, I say that's a couple of of top tips there. Make sure that you've got the um cases, statutes, the authorities there. Make sure that you're using the question and make sure you're applying it. You've not got what we call bold application. Making sure that you are using that and applying it very specifically to um to what's happening in the scenario. Okay.
>> Thank you, Gemma. Um, I know we're we're um we're looking at the the talk paper, but I'm just going to look at uh Mandra Singh's um question in relation to paper one because I know a lot of students are sort of worried about question 11. Um that's the one. Um so yes, I mean um uh it looks like there were possibly three maybe four topics in question 11 plus the um 11 mark uh sorry the seven mark uh question which was lovely uh that seven mark one um and I think you're right. I think it it sound it looks like it was um theft maybe theft and robbery um uh duress of circumstances and then section 20 or I bet the mark scheme says section 20/18 because it would all depend on whether he intentionally did it or not. Um and look I don't think you firstly I would say it's done now isn't it? You know the paper's done. We can't go back and we can't change it. all we can do is make sure that we're all sort of really revising hard and revising well and nice and calm when we go into to to paper two because paper two is historically been you know it's it's the sweet spot the talk paper isn't it? Um but uh what I would say is um that while you while there might be three or four things and if there were four things um plus the English legal system that doesn't necessarily mean they're all weighted the same and it's if we take out the seven mark element we're talking about a scenario worth 23. Um it's it's probably likely that theft and theft and robbery are going to be sort of the main parts of that. And I think if people missed out um dress of circumstances, I think he I think you're looking at a handful of marks. I don't think it's going to be catastrophic. And certainly Gemma and I have spoken to students before and you know you don't have to be getting you know 25 26 27 out of 30 to get even get an A. You know as long as you are consistent and as long as you answer all of the questions on the paper don't miss out question nine. Don't miss out the seven mark element of question 11. I think you will be absolutely fine.
>> Yeah, I think also the key thing you said there at the beginning is you know um it's it's done that. Okay, paper one is done. I know a lot of people struggled with it um but we've now got to move on and don't let that color you or be worried about um paper two um you know uh move on and you know there's lots of marks still to be gained across across paper two and also across paper three. Um, we've got another question here. If you have like three minutes left for the less for the last question and let's say question 11, it's about legal aid, am I um able to like bullet point it? Well, you're going to have to.
Yeah. And you could get quite a few marks by doing that. Okay. Bullet point it. Um, if you have to do that because you're running out of time, get it down.
Get it down quickly. Put some authorities in there. Put um, you know, show your knowledge as quickly as you can. there are actually no marks for like um English writing skills or spelling or punctuation or grammar across any of your papers. Um so you you do that and that's your best strategy to get down as quickly as you can to try and gain the most amount of marks possible if that happens. You should of course be um preparing yourself now with timed with time um timing questions in your revision. So hopefully you wouldn't have to do that, but if that happens, absolutely do that. It's the quickest way to get it down and get some marks in there. Yes, absolutely.
>> Fabulous. Um uh right, let's have a look. Um we got Josh in a basement. Um Josh, I hope you're getting some of the sun um and not stuck in that basement for a long time. And if you are, I hope you're revising. Um so um for question nine, how would I write about public policy? So this is obviously um question about theory of tort. Um as I said earlier I don't think it it could come up as question nine. I mean it's possible you never say never. Um but public policy for these types of things.
What these questions are really looking at is is why do we have the rules that we have? Why do we have restrictions on being able to claim psychiatric injury as secondary victim? Why do we have restrictions in place uh for pure economic loss? Why do we have those restrictions in place um for establishing a duty of care? And so what you really need is a few paragraphs for each. So floodgates that you could use for almost all of them, you know, chalking up the courts, um about personal responsibility, um about um uh for psychiatric injury, about preventing fraudulent claims. Um there the textbook is very old, but there there are some sections within that which deal with it. But that's what the question is getting about about public policy. Why is it in the public interest that we have these rules in tort for making these claims about these specific topics? And we've actually had two of them I mentioned pure economic loss psychiatric injury we've had out had as the seven marker in the last couple of years.
>> Yeah. Yeah. Um we've got another question. This came in quite early on but I do want to um cover it about just private nuisance question mark. So I don't know whether you're asking whether private nuisance is going to come up or um private nuisance is going through it.
I mean private nuisance is an area that some people struggle with. Okay. Um and I think that you know um take a very structured approach. Okay. So first of all you got to look at you know do they have the right to bring the claim Hunter and Canary Wolf which you will have used in other areas of talk. So that should be okay. Then who can you bring a claim against? you can bring a claim against somebody who is the creator of the nuisance or the occupier of the land.
Okay. Then generally you you can you can actually claim sort of nuisance for physical damage and um loss of immunity, enjoyment, but generally it's going to be loss of immenity or enjoyment. So um you know we've had um the noise is a common one that comes up. We've had smells so you can't open your windows, things like that. And then your bulk of your question is going to be trying to balance the rights of the two competing individuals here. It's real balancing act looking at different issues such as malice, duration, locality, the degree of interference, and every time you're coming up with one of those, explaining what it is, putting the case in, okay?
And then applying it to the scenario.
only pick up the ones which are relevant to the scenario as well. So if there is no malice then don't bring it up. Okay?
If you're told something about the location being in um a house situated um in an industrial estate then bring that up with locality and holes and essences which there could be. So, is there potentially any statutory um authorities or um prescription might might be applicable if you're told it's been happening for more than 20 years. Um and then look at your remedies. As I said before, remedies for private nuisance.
The one that the um the party is going to want is they're going to want it to stop, aren't they? So, it would be an injunction. It wouldn't be a you know full injunctions would stop the activity completely but a partial injunction would would stop it between certain hours which may be appropriate. So you know um those are some tips and and hints just going through private nuisance but make sure you're going through in a structured approach and make sure that you are only picking out the relevant factors. um you know you wouldn't lose marks if you're putting in factors that are not relevant but it's going to waste time and I think the the one of the biggest tests is time in these exams um you know you you are writing um constantly um so do bear that in mind okay >> yeah fabulous and just one last thing for me and then I think we're we're done but just on nuisance um because I bet we see it again this year um um public benefit is no longer um a factor in terms of deciding whether something is a nuisance or not. Um so don't use that.
It's the four that that Gemma mentioned, but you can use and the courts do look at at public benefit when deciding on remedies.
>> Yeah. Um I know we haven't got time for another question, but I'm very just quickly going to ask there was somebody else in here asked a question about um vicarious liability. I think it was an early um question. Remember there's lots of um No, it wasn't that one. There was another one about um how are students expected to answer a question when it comes to vicarious liability. Remember there's two parts with vicarious liabilities. Um are you an employee and we've got the new test? So we've got the old test like the the Mury docs control integration test etc. And then we're looking at the you know once you've decided you're an employee then you're looking at you know was the talk committed in the course of business. We haven't got time to go through it but there's lots of information on the tutor tube blogs with loads of recent cases there. the Weatherspoon's case, the Barclay's case, the um loads of them. I got Mison's cases. Yeah, loads of them.
So, go and have a look on there. Sorry, I'll stop talking now, John.
>> That's okay. And listen, I'm really really sorry that we we have literally run out of time. Uh we've got to run the OCR version of this in in a few minutes time. So, so we'll be shifting on to that. Thank you so much to everybody who's put their questions to us tonight.
That that that has been a fantastic contribution. Thank you. And of course, a wonderful, wonderful, many thanks to both Nathan and Gemma for those brilliant answers. Uh, this has been recorded. So, if you wanted to have a look through any of those responses from Gemma and Nath again, of course, you can do that at in your own time uh and at your leisure. But that is us finished.
So, I'm aware of the fact that your paper two is coming up in very very soon, next Monday I believe. So from Gemma, from Nathan, from myself, from everybody at TCU, the very best of luck.
We'll see you next week when we'll talk about paper three. Good evening everybody.
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