Scheme of work 3 GCSE Law (4160)

Transcription

1 Scheme of work 3 GCSE Law (4160) For use for exams from 2014 This Scheme of Work is adapted from one used by a current teacher. It is meant for guidance only, but we hope it will give you ideas about how to structure your own teaching over two years. In the first place, it covers the teaching of and Family Law in Unit 2, but you will also find an alternative SoW for teaching Tort and Rights and Responsibilities.

2 Unit 1: The English Legal System Week/s Link to specification and topic Teaching/Approach Expected outcome Introduction to Law Why do we need rules and how do they differ from Law? Consider their application in school/college rules/rules in sport and games What if we had no rules? Curriculum overlap with English? Lord of the Flies? Some students may be aware and others not. Links to the work below An outline understanding of the meaning of law and the necessity for a reliable system of law Classifications of Law: Public and Private, Civil and Criminal and Courts and Processes and People in the Law The Magistrates Court Desert Island Laws: small-group work identifying the ten 'rules' each deem essential for survival. Vote on the top 10 class rules and discuss their application in everyday life. Explanation of public/private and types of law and their purpose. Explanation of where Criminal and Civil fit in this picture and links to Unit 2 with referrals specifically to contract law, family law, human rights issues, etc Terminology civil/criminal Students assess which branch of law is portrayed via descriptions displayed either on Smart Board or on cards Making law family tree of different branches of the law Introduction of Court Diagram including routes of appeal Revisit court hierarchy/differences between criminal and civil cases and which courts of first instance would be used The training, work and role of a magistrate, incorporating a visit from magistrates/cps. Identify difference between a bench of three magistrates and one district judge Write to a friend who is considering applying for the role of a Understanding of the divide between public and private law Knowledge of civil and criminal terminology An understanding of the various roles of a magistrate and the jurisdiction of the Magistrates Court 2 of 19

3 and Courts and Processes and People in the Law The Magistrates Court The Magistrates Court: Pre-trial procedure The Magistrates Court: Pre-Trial procedure - Trial procedure magistrate outlining the selection process, key competencies and work they are likely to do Local Magistrates Court visit (contact local court to arrange in advance) Complete observation sheet during Court visit Draw court scene and label all the personnel or complete on a blank sheet provided Outline of arrest process and types of arrest (both with and without a warrant), discussion of citizen's arrest with examples from the media. Compare with the use of a summons and when each alternative is likely to be used pre-trial. Visit from a Police Schools Liaison Officer Q&A Session with the Police Officer Working in groups, students write and present a scenario showing the appropriate use of arrest as a means of the defendant going to Court. They can offer a comparative piece showing a summons or more appropriately explain why a summons wouldn t be used in their particular scenario. The role of the CPS and the importance of the Code when making the decision whether to prosecute. Bail, including reasons to refuse and conditions potentially attached. Using pre-created scenarios, students apply the CPS code and make decisions on the likelihood of cases going before the magistrates. These can be either pre-determined or ambiguous and open to interpretation, dependent upon desired outcome. Knowledge of a court setting, the procedures followed and the role of a magistrate Awareness of the different procedures by which a case comes before the Magistrates Court Active awareness of the decisions made by both the CPS and the magistrates 3 of 19

4 The Magistrates Court: Trial Process - Sentencing and Appeals and The Crown Court and People in the Law and People in the Law Courts and Processes The Civil Courts Internet research looking at local/national reports of crime, application of the Bail Act 1976 in deciding whether the accused would receive bail or be remanded and what possible bail conditions could be attached. Explain different types of sentencing available and aims of sentencing Working from case studies, students should 'sentence' and explain their aims when choosing the sentence that they have opted for Explain the role of the Crown Court and personnel, and use of jury. Jury selection, qualification, disqualification and role Scenarios considering reasons for excusal/deferral/ ineligibility In small groups, use real case without the decision and allow the group to act as a jury on the facts Create Crown Court diagram and label personnel 12 Angry Men (DVD Cert U) (1957 and TV movie from 1997 both available on DVD) Consider the advantages and disadvantages of using lay people in the law, including both magistrates and juries discussion Evaluation of the roles Draw up a table outlining the advantages and disadvantages of Lay People in the Criminal Justice System Introduction of the civil courts structure with emphasis on the Courts of First Instance Pre-trial process, ADR and its place in the process, including its advantages and disadvantages, sources of legal advice Knowledge of sentences and of the aims of sentencing An understanding of the role of the judge and jury in a Crown Court trial Analysing the role of lay people within the law Recognition of the civil courts and their jurisdiction, and the variety of sources for legal advice 4 of 19

5 Courts and Processes The Civil Courts Courts and Processes The Civil Courts Legal Professionals - Solicitors Legal Professionals - Barristers Possible visit from CAB worker Create leaflets advising others where to go for legal advice and support Web research on sources of legal advice An explanation of private finance, insurance and conditional fee arrangements for bringing a claim for damages Use web search for solicitors offering Legal Help and identify the qualifying critera An explanation of trial in the County Court the three-track system and the criteria for allocation. Exploration of civil remedies and appeals Track allocation scenarios Scenarios given where students decide on the best remedy and justify their reasons Complete appeal routes on court hierarchy diagram Introduction to the legal profession Solicitors, training, work and role Consider their own career choices and explain whether they would or wouldn't wish to follow this path and why Make flow diagrams of training process Explanation of the training, work and role of barristers "Barristers" BBC Documentary ( available on YouTube or via the Open University) Outline understanding of legal funding An understanding of civil trial procedure and working knowledge of remedies and the appeals process Understanding of the solicitors branch of the legal profession Understanding of the barristers branch of the legal profession 5 of 19

6 Legal Professionals - The Judiciary Making flow diagrams of training process Compare with solicitors training Evaluate the benefits of a combined legal system Revisit the court hierarchy and confirm the titles of the judges in each court. Examine the role and purpose of a judge in both civil and criminal trials Fill in a blank court hierarchy sheet with the appropriate judge 16 Mock Trial Mock Trial - available from Citizenship Foundation website (1 x 2 hour lesson or 2 x 1 hour lessons specifically created for a group of 30). Further analysis and application to previous work on court layout and legal personnel Brief explanation of the consultation process (Green and White Sources of English Law Papers) and the stages of a public Bill through Parliament and The passage of a public Bill Royal Assent through both the informal and formal stages Visual time line created to show the process, with brief notes and illustrations. This can be developed into a class-wide display. Group exercise leading to presentations. Students work in groups of 4/5 and either 'create' a new law or propose a change to an existing one. They outline their 'Bill' to the rest of the class and are expected to take on board criticisms and make amendments. This is then reported back to the class, Relationship between the different sources of law - Introducing the common law reflecting the process through Parliament. Explanation of the Supremacy of Parliament and the limitations on the doctrine The importance of this in relation to judicial precedent as an introduction to common law Reconfirm the placement of the judiciary and give greater understanding of their roles in each court Active knowledge of personnel and procedure in court Knowledge of the informal and formal process of a Bill An outline understanding of the status of the sources and limitations placed upon them 6 of 19

7 Sources of English Law Case Law and Precedent Case Law and Precedent Case Law and Precedent Examine the relevance of the 1966 Practice Statement Consider the implication of EU membership and specifically the Human Rights Act 1998 and its relevance in our law (link to Unit 2) Links to week 2 and 15 with fuller explanation of the court hierarchy and brief explanation of who sits where in terms of judges/magistrates Explanation of the meaning of judicial precedent and why the court hierarchy is important Visual representations of the courts, highlighting the differing branches of civil and criminal law. This should be a working document and can be added to with illustrations showing the 'flow' of power in relation to binding and persuasive precedent Explanation of ratio decidendi and obiter dicta with case law examples, both civil and criminal The importance of Law Reports Binding and persuasive precedent Case studies such as Donoghue v Stevenson and its importance (link to Unit 2 Tort) Research Law Reports online and identify the ratio/obiter and the decision. Use this and recent news reports to create own mini-law report Looking at other jurisdictions and the reason for persuasive precedent Link to week 5 with discussion of the change from HOL to Supreme Court; meaning and use of the Practice Statement, with An understanding of the hierarchy of the courts and its importance An understanding of how a court decision is made and the binding nature of precedent Knowledge of the way precedent works in the 7 of 19

8 Revision Mock Exam case law examples and the position of the Court of Appeal and lower courts. Discussion of other limitations including the COA in light of the Judgement in Young v. Bristol Aeroplane Role-play exercise where different students are names as different courts and need to arrange themselves in the appropriate order. A simple 'Simon says' style game can highlight the need for the lower courts to follow the examples set by the higher courts. This can be extended to incorporate persuasive precedent if so desired. Revision using mind maps, worksheets and a thematic approach to learning, drawing in all elements studied to date. Role-play and scenario. Familiarisation with exam papers and practice Mock exam to cover content of and further sessions checking and correcting mistakes hierarchy of the courts Reinforcement of Unit 1 Reinforcement of Unit 1 8 of 19

9 Unit 2: Law in Action () Week/s Link to specification and topic Teaching/Approach Expected outcome Introduction to Criminal Liability Outline understanding of criminal responsibility including the need for AR and MR and the existence and purpose of SL offences Non-Fatal Offences Non-Fatal Offences Property Offences Internet or press research into local or national crimes Offence tracking through the media as a class Debate on the morality of SL offences Non-fatal offences of common assault and battery, actual bodily harm S47, CJA 1988 and Offences Against the Person Act 1861 Identification of offences from scenarios, newspaper articles 'SILK' Barrister Drama Series1 Episode 5 (BBC DVD 2011 Rating 15) GBH and Wounding S20 and S18, linking forward to week 35 and murder Role play showing the difference between the Intent to do 'some' harm and 'serious' harm Non-Fatal Offences 'Tree' showing most commonly recognised situations and their accompanying authority case An understanding of the key elements of the definitions of theft and robbery, including appropriate case law Display Scenarios and group work to identify the offence and justify their reasons Outline understanding of criminal responsibility Knowledge and understanding of the definitions and application of non-fatal offences Knowledge and understanding of the definitions and application of non-fatal offences An understanding of the different property offences and their definitions and application Exploration and comparison of the offences of burglary, An understanding of the different 9 of 19

10 Property Offences General Defences General Defences General Defences aggravated burglary and making off without payment Role-play: students receive a card with either Theft, Robbery, Burglary or Aggravated Burglary and must come up with a scenario showing that offence, which the rest of the class must then identify A comparison table showing the key similarities and differences; students can then apply this to given scenarios An outline exploration of self-defence and consent "Real Crime: A Shot in the Dark" (2009) - ITV documentary about the case of Tony Martin. Available to stream via YouTube Online research into the limits of consent, application to nonfatal offences and discussion about key cases such as Pretty v DPP (2002) "Sexting Teacher" (2014) - C4 documentary about recent legal case concerning Jeremy Forrest and the age limits on consent. Available via 4OD online streaming An understanding of the key elements required for defences of insanity, automatism and intoxication including the authority cases and the limitations on each defence Begin working diagrams showing the applicability of each defence and the key cases associated with it. Link back to week 31 and forward to week 33 Exploration of the defences of duress and duress of circumstance property offences and their definitions and application Outline understanding of general defences Outline understanding of general defences Outline understanding of general defences 10 of 19

11 General Defences Evaluation The Crime of Murder Voluntary Manslaughter Involuntary Manslaughter (Gross Negligence) Comparison table highlighting the differences Exploration of the Re A (Conjoined Twins) (2000) case leading to a debate upon duress/necessity as a defence to potential murder Evaluation of the effectiveness of each defence in today's society Students are encouraged to be critical and identify flaws in the defences. These can be snowballed until a class-wide critical analysis is produced. Definition of murder and discussion with links to previous lesson on AR and MR of malice forethought, express and oblique intent Woolin case study - identify the malice aforethought via indirect intent Vickers case study - identify the malice aforethought via S18 linking back to week 28 Exploration of the special defences - diminished responsibility and loss of control with application of authority cases Film: "Provoked" (2006) - Based on the book by Kiranjit Ahluwalia. Flow chart identifying the key considerations when deciding whether a scenario is murder or manslaughter and applying these to given scenarios An explanation of gross negligence manslaughter with links to negligence and duties of care Case studies of the established criminal duties of care. Link Summarising and recapitulating the general defences Outline understanding of definition and meaning of the crime of murder Knowledge and understanding of the key elements to the special defences and the effect of pleading a successful defence Knowledge and understanding of the key elements of involuntary manslaughter 11 of 19

12 Involuntary Manslaughter (Unlawful/Constructive Act) Revision and Summary to omissions and review of key cases. An explanation of unlawful act manslaughter and the key elements needed to identify this offence, with specific emphasis on the mens rea Review of the key cases to highlight the required components of the offence. This can be done in groups and then reported back to the whole class Revision of all elements of ciminal law with particular emphasis on evaluation. Knowledge and understanding of the key elements of involuntary manslaughter Summarising of 19

13 Unit 2: Law in Action (Family Law) Week/s Link to specification and topic Teaching/Approach Expected outcome Family Law Marriage Family Law Divorce Family Law Divorce Exploration of the legal requirements for a valid marriage and civil partnership, with legislative background. Same-Sex Marriage Act 2013 (in effect 13/3/14) and how it changes the law. Evaluation of the requirements for a valid marriage Students, in pairs, evaluate their own mock 'relationship' provided via prompt cards Table outlining the differences between valid, void and voidable marriages Debate on the effects of the Same-Sex Marriage Act The irretrievable breakdown of a marriage and the five facts by which it may be proved, decree nisi and absolute Using the same pairings as for the marriage analysis, the couples should now 'divorce', citing their reasons and completing a D8 Divorce petition (available from.gov.uk) Exploration of relevant case law Outline information on maintenance, child maintenance, mediation and its benefits, and the role of the courts Role-play a mediation based upon the existing pairings Research and discussion of campaign groups such as Fathers 4 Justice and the rights of parents in divorce, compared with their responsibilities with regards to maintenance Revision of all elements relating to marriage and divorce An understanding of valid, void and voidable marriages and civil partnerships Knowledge and understanding of irretrievable breakdown of marriage Outline understanding of ancillary and procedural matters relating to divorce Revision and Summary Exploration of the requirements for drafting a valid will, Awareness of the legal Recapitulation of work on Family Law 13 of 19

14 Family Law The Law of Succession Family Law The Law of Succession Revision on selected topics Mock Exam comparison with privileged wills and revocation of wills, including the reasons for doing so and possible complications. The Wills Act 1837 The effect of marriage and divorce. Relevant case law relating to beneficiaries Unusual bequests leading to students creating their own wills. Highlight the need for witnesses and other validity requirements Explanation of the rules of intestacy including relevant legislation, legislation for family provision according to surviving dependants Scenario cases with students working out how the estate of the deceased would be distributed. Class 'family' can be used to highlight the potential outcomes of each scenario, eg surviving spouse, no children, etc Debate: everyone over 18 should have to write a will by law Mind maps, charts, scenarios, case law application requirements for making and destroying a will Outline understanding of rights balanced by responsibilities 14 of 19

15 Unit 2: Law in Action () Week/s Link to specification and topic Teaching/Approach Expected outcome Introduction to Tort Introduction to the concept of civil liability in tort, different torts, the different remedies available and the concept of damage without redress and redress without damage An outline understanding of the nature of a tort and the difference between a tort and a crime Negligence - Duty of Care Negligence - Breach of Duty Negligence - Damage Visual representations of different torts, leading to role play showing a variety of torts. Other students can then suggest appropriate remedies and justify their reasons Historical context of Donoghue v Stevenson and the creation of Lord Atkins' 'neighbour' principle. Development into Caparo and the exploration of duties of care and when they are owed Case studies based on authority cases, identifying whether a duty is owed and why Introduction of the reasonable man and the objective test. Standard expected from experts, learners and children. The relevant risk factors to be considered with application to relevant case law. Research project focusing on ONE of the relevant risk factors which can then be reported back as part of a peer teaching exercise Introduction to the concept of causation in tort compared to crime, using Barnett v. Chelsea, and the requirements for the foreseeability of harm with emphasis on the Wagon Mound. Application of the Thin Skull Rule An understanding of the duty of care in the tort of negligence An understanding of breach of duty of care in the tort of negligence An understanding of the remoteness of damage test in the tort of negligence 15 of 19

16 Negligence Remedies Occupiers Liability Vicarious Liability Trespass Nuisance Scenario analysis using key case facts Table showing points of law relating to damage Res ipsa loquiter and contributory negligence with links to week 33 in relation to the effect this has on % of damages awarded Identify the % negligence in given scenarios Debate on the fairness of reducing damages as a result of contributory negligence Outline understanding of damages and injunctions linking back to contributory negligence in week 32 Case studies of relevant case law and application to examstyle scenarios with emphasis on justifying their choices An exploration of the responsibility of an occupier to keep visitors safe and the consequences of failing to do so considering the concept of vicarious liability and its purpose. Relevant case law and application of remedies Debate on the fairness of holding employers accountable for employees' actions Exploration of the three branches of trespass: to the person, to goods and to land. Looking at examples and authority cases to promote deeper learning An exploration of the torts of public and private nuisance, possible enforcement methods and available remedies. Factors for consideration by the courts when deciding if an action amounts to nuisance. Relevant case law. Comparison with the tort of trespass An understanding of the concepts of contributory negligence and res ipsa loquiter An outline understanding of remedies in tort An understanding of the main principles and remedies of both occupiers' and vicarious liability Knowledge and understanding of each of the three types of the tort of trespass An understanding of public and private nuisance 16 of 19

17 General Defences Remedies Revision and Summary Case studies of the relevant authority relating to the factors for consideration by the courts. This can be done in small groups and then information produced, duplicated and circulated, as well as providing a peer teaching opportunity Summary of the general defences in tort incuding statutory authority, consent, inevitable accident, necessity, act of God. Relevant case law to highlight and a recapitulation of remedies as studies previously Select the most appropriate defence to a given scenario Select the most appropriate remedy to a given scenario Revision of all elements of Tort Law with particular emphasis on evaluation An outline understanding of defences and remedies Summarising of 19

18 Unit 2: Law in Action (Rights and Responsibilities) Week/s Link to specification and topic Teaching/Approach Expected outcome Rights and Responsibilities Introduction Discussion of the various situations which involve both rights and responsibilities, eg buyer/seller, employer/employee. Exploration of personal freedoms v restrictions Outline understanding of rights balanced by responsiblities Rights and Responsibilities Buyers and Sellers Rights and Responsibilities Buyers and Sellers Rights and Responsibilities Procedures Rights and Responsibilities In Employment Consideration of rights and responsibilities with family/ school/wider community An explanation of the elements of contract formation for consumers; offer and acceptance and the difference between an offer and an invitation to treat Examine relevant case law on offer and acceptance Identify situations and role play a customer/shop scenario showing an invitation to treat and an offer in action Explanation of the key provisions of the Sale of Goods Act 1979 (as amended), Supply of Goods and Services Act 1982 and Consumer Protection Act 1987 Role play similar to above but returning faulty or damaged goods and/or supply of services such as car repairs Case studies of relevant authority cases Recapitulation of Small Claims Track Procedures from Unit 1 and application to so far Link to Vicarious Liability in and discussion of the rights and responsibilities inherent in an employer/employee relationship. An explanation of the role of tribunals in employment disputes. Potential to link to Unit 1 with reference to assistance from the An awareness of making consumer contracts Knowledge of the statutory rights of a consumer Specific application of the court procedures in relation to consumer contracts Knowledge and understanding of the outcome of employment disputes 18 of 19

19 Rights and Responsibilities As a citizen Rights and Responsibilities As a citizen Revision on selected topics Mock Exam CAB Create an advice leaflet (or video if AV resources are readily available) advising those leaving education of their rights and responsibilities in the work place and where they can go for advice if something goes wrong An outline explanation of the Human Rights Act 1998 based upon the European Convention on Human Rights Select a recognised 'right' to research in small groups. This can be fed back and placed into a class table of Human Rights. An exploration of rights and restrictions in effect upon us relating to personal freedom, freedom of communication and the right to a fair trial Research one of the above freedoms/rights in greater depth and use this as a basis for discussion/debate upon the circumstances under which they may be limited, for example the extended detention before charge of suspected terrorists Mind maps, charts, scenarios, case law application Outline understanding of human rights legislation Awareness of the rights and duties of a citizen 19 of 19