GCSE Law. Scheme of Work 1: Topic-based

Transcription

1 GCSE Law Scheme of Work 1: Topic-based

2 SCHEME OF WORK 1: TOPIC-BASED This is one possible approach to producing a topic-based Scheme of Work. It is designed to cover the specification in two 30-week years. Bold type relates to the headings in the specification. ` YEAR 1 UNIT 1: THE ENGLISH LEGAL SYSTEM (30 WEEKS) WEEK TOPIC OUTLINE SOME SUGGESTED TEACHING APPROACHES LEARNING OUTCOME Introduction to Law Meaning and definition of law Classifications of Law: Public and Private, Civil and Criminal Sources of English Law How Parliament is constituted and the role of the three elements of Parliament Discussion on rule making, school/college rules/rules in sport and games Life with no laws? Compare with dictatorship Desert Island Castaways make up 10 laws and compare with the Ten Commandments work in groups and snowball until the perfect ten laws are agreed Introductory video/dvd Explanation of public/private and types of law and their purpose Terminology civil/criminal Exercise spotting civil and criminal situations in given scenarios, eg day in the life of Mini role-play exercises of civil and criminal scenarios (on printed cards). Students assess which branch of law is portrayed Making law family tree of different branches of the law Cloze exercise using terminology Brief exposition on the history of Parliament and how and why power lies in the House of Commons Explanation of the roles of the three elements of Parliament Research answers to question based on education documents on Parliament s web site eg Discover Parliament pdf file Knowledge of the necessity for a reliable system of law Understanding of the divide between public and private law Knowledge of civil and criminal terminology An understanding of the nature and constitution of Parliament klm Copyright 2009 AQA and its licensors. All rights reserved. 1

3 Sources of English Law The passage of a public Bill through both the informal and formal stages Sources of English Law Case Law and Precedent Case Law and Precedent Brief explanation of the consultation process and the stages of a public Bill through Parliament and Royal Assent Further research work on Parliament pdf files on the process of a Bill Student Fantasy Bill role-play consultation stage and stages in the House of Commons Students voting for their favourite idea for a Bill, illustrating democracy. Use debate and voting lobbies, etc Make flow diagrams of the informal and formal stages of the passage of a Bill Make flow diagrams using only drawings to illustrate the process Explanation of the court hierarchy and brief explanation of the role of each court and which members of the judiciary, magistracy sit therein Explanation of the meaning of judicial precedent and why the court hierarchy is important Making charts, with illustrations (computer graphics) of the hierarchy of the courts Match the judge/magistrate to the court exercise Amplify Week 5 with the position of the House of Lords, meaning and use of the Practice Statement, with case law examples and the position of the Court of Appeal and lower courts Ranking exercise on the hierarchy Cloze exercise/worksheet including case law Knowledge of the informal and formal process of a Bill An understanding of the hierarchy of the courts and its importance Knowledge of the way precedent works in the hierarchy of the courts 2 Copyright 2009 AQA and its licensors. All rights reserved. klm

4 Case Law and Precedent Relationship between the different sources of law and Courts and Processes and People in the Law The Magistrates Court 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, internet research, find examples of Law Reports Write mini Law Report from case in the newspaper, putting in the facts, ratio decidendi and obiter dicta and decision Worksheet discerning whether case is binding or persuasive Explanation of the Supremacy of Parliament and the limitations upon the doctrine The importance of this in relation to judicial precedent Examine case law illustrating the limitations Make mind maps on sources of law topics True/False exercise Reminder of the court hierarchy/differences between criminal and civil cases The training, work and role of a magistrate Magistrate visit (contact local court to arrange in advance) Write a Day in the Life of a Magistrate article Cloze exercise/worksheet on training and work Collect newspaper clippings of cases in the local Magistrates Court and make Magistrates Court scrap book including written articles by students Sentencing exercises with magistrate An understanding of how a court decision is made and the binding nature of precedent An outline understanding of the status of the sources and limitations placed upon them An understanding of the various roles of a magistrate and the jurisdiction of the Magistrates Court klm Copyright 2009 AQA and its licensors. All rights reserved. 3

5 and Courts and Processes and People in the Law The Magistrates Court The Magistrates Court: Pre-trial procedure The Magistrates Court: Trial procedure The Magistrates Court: Sentencing and Appeals 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 Make a theatre of a Magistrates Court with personnel figures to place correctly Use cjsonline web site for virtual court scenes Explanation of the procedural difference between arrest and summons and when they are used The role of the Crown Prosecution Service Classification of criminal offences. Bail Role play on warrants, arrestable offences and summons Scenarios, for which students decide appropriate process List of offences and students match with type of offence Fit the bail condition to the crime as outlined in scenarios Use mock trial exercise to show procedure Write facts of the case Suggest triable either way for plea before venue procedure Research procedure and write scripts Perform role-play of trial and sentencing Explain different types of sentencing and aims Case studies to work in benches of 3 on sentencing options Write articles for Magistrates Court scrapbook Knowledge of actual court setting and work and role of a magistrate Awareness of the different procedures by which a case comes before the Magistrates Court Active understanding of personnel and procedure in the Magistrates Court Knowledge of sentences and aims 4 Copyright 2009 AQA and its licensors. All rights reserved. klm

6 and The Crown Court and People in the Law and The Crown Court and People in the Law Courts and Processes The Civil Courts Explain the role of the Crown Court and personnel and use of jury. Jury selection, qualification, disqualification and role Use shadow jury film Crown Court visit Complete observation sheets at Court visit Cloze exercise on selection and eligibility Use scripted mock trial If small group, 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 Consider the advantages and disadvantages of using lay people in the law, including both magistrates and juries discussion. Further discussion of sentencing and appeal routes Student project in groups role of lay people in the law Include evaluation Add to Courts scrapbook Complete a court hierarchy diagram with appeal routes True/False exercise Introduction of the civil courts, County and High Courts Pre-trial issues, negotiation, sources of legal advice including Citizens Advice Bureaux Visit from CAB worker Collect information on Citizens Advice Bureaux and make a collage/poster Collect leaflets from local County Court (or request by post) Web research on sources of legal advice 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 klm Copyright 2009 AQA and its licensors. All rights reserved. 5

7 Courts and Processes The Civil Courts Courts and Processes The Civil Courts Courts and Processes The Civil Courts Legal Professionals An explanation of private finance, insurance and conditional fee arrangements for bringing a claim for damages Use web search for solicitors offering Legal Help Collect leaflets on Legal Help Request sample conditional fee agreement Complete worksheet/cloze exercise An explanation of trial in the County Court the 3-track system and the criteria for allocation Law School videos/dvd Case scenarios, role play small claims/fast track trial Complete worksheet on different tracks Exploration of civil remedies and appeals Accident claim scenarios, nuisance, trespass and defamation, and contract scenarios to assess damages Complete appeal routes on court hierarchy diagram Introduction to the legal profession Solicitors, training, work and role Visit of solicitor to class Question and answer session with solicitor Making flow diagrams of training process Cloze exercise Make up board game on training to admittance Outline understanding of legal funding An understanding of civil trial procedure Knowledge of remedies and appeals Understanding of the solicitors branch of the legal profession 6 Copyright 2009 AQA and its licensors. All rights reserved. klm

8 Legal Professionals Legal Professionals Explanation of the training, work and role of barristers Possible visit of barrister or pupil barrister to class. Court room TV drama Question and answer session with barrister Making flow diagrams of training process Compare with solicitors training Write a Day in the Life of a solicitor/barrister Recapitulation on the judges who sit in different courts, civil, criminal and appeal cases True/False exercise on the legal profession Write pamphlet explaining to the public the role of the legal profession Revision Revision in the form of: Making mind maps on topics Worksheets Tables (eg complete court hierarchy) True/False exercises Cloze exercises Thematic approach eg a road accident (civil procedures, possible crime), a burglary (criminal procedures, legal profession, etc) Understanding of the barristers branch of the legal profession Revision of work on judges and resumé of work of the legal profession Reinforcement of Unit 1 klm Copyright 2009 AQA and its licensors. All rights reserved. 7

9 YEAR 2 UNIT 2: LAW IN ACTION (30 WEEKS) This Scheme of Work assumes that all areas of Law on the specification will be taught, although some centres may not include all four areas. It is recommended that at least three of the areas of substantive Law should be covered. They can be taught in any order. This Scheme of Work does not include assessment. WEEK TOPIC OUTLINE SOME SUGGESTED TEACHING APPROACHES LEARNING OUTCOME The Law of Tort Introduction to Tort The Law of Tort Negligence Duty of care Introduction to the concept of civil liability in Tort Different torts The aims and remedies available The concept of damage without redress and redress without damage Reminders of civil law terminology Complete table with differences between civil/criminal terminology (recapitulation from Unit 1) Draw representations of the different torts label-up game Make comparison charts comparing crime and tort Introduction to the modern tort of negligence from Donaghue v Stevenson the neighbour test Exploration of the duty of care Examples where a duty is owed, eg road users, employer/employee, etc Caparo tests Role play Donaghue v Stevenson and/or other duty cases or scenarios Make a collage of cases featuring a duty being owed/not owed and reasons why Newspaper articles Draw cases and make laminated cards An outline understanding of the nature of a tort and the differences between crime and tort An understanding of the duty of care in the tort of negligence 8 Copyright 2009 AQA and its licensors. All rights reserved. klm

10 The Law of Tort Negligence Breach of duty The Law of Tort Negligence Damage and Remedies An exploration of the meaning of breach of duty Objective test Standards expected from experts, children, etc The balancing of the amount of risk with the cost and viability of taking precautions against the risk, and the social utility of the risk, with appropriate case law examples Res ipsa loquitur Contributory negligence Make a collage of cases featuring breach of duty Worksheet/cloze exercise Newspaper articles Draw cases and make laminated cards Introduce the concepts of causation and foreseeability of harm The Wagon Mound Thin skull rule Damage to the person and to property Occupiers liability and principles of vicarious liability Remedies in tort outline only damages, injunction Make a collage of cases featuring damage Worksheet/cloze exercise Newspaper articles Draw cases and make laminated cards Role play a negligence case (real or imagined) as a moot An understanding of the breach of duty of care in the tort of negligence An understanding of remoteness of damage in the tort of negligence and of the main principles and remedies of occupiers and vicarious liability klm Copyright 2009 AQA and its licensors. All rights reserved. 9

11 The Law of Tort Trespass The Law of Tort Nuisance The Law of Tort General Defences and Remedies Recapitulation on torts actionable per se Explore the concept of 3 branches of the tort of trespass Trespass to the person assault, battery and false imprisonment with appropriate case law Trespass to goods conversion and trespass to goods Trespass to land Worksheet identifying different types of trespass Cloze exercise Complete table of elements of each branch of the tort An exploration of the tort of public and private nuisance Methods of enforcement, remedies Examination of the relevant factors the court will consider Comparison with trespass Make a table comparing public and private nuisance Make a table comparing nuisance and trespass Spot the tort scenarios Card matching facts and case names Summary of each of the following defences: statutory authority; consent; inevitable accident; necessity; Act of God, all with case law examples Recapitulation on remedies as outlined in previous weeks work Match the defence to a scenario Match the remedy to the tort Write a summary of each tort Knowledge and understanding of each of the three types of the tort of trespass An understanding of public and private nuisance Outline understanding of defences and remedies 10 Copyright 2009 AQA and its licensors. All rights reserved. klm

12 Criminal Law Criminal Responsibility and crime of murder Criminal Law Voluntary manslaughter Criminal Law Involuntary manslaughter Outline understanding of criminal responsibility actus reus, mens rea and strict liability Introduction to the crime of murder Definition of common law offence Discussion of the meaning of malice aforethought, express and implied The Woollin virtual certainty test Identifying AR and MR in scenarios Murder case studies Follow/write up specific famous murder case noting AR and MR Cloze exercise An exploration of the two specific defences to murder diminished responsibility and provocation, with appropriate case law The effect of a successful defence Battered wives examples Film Provoked Ahluwalia case Newspaper articles, make a scrapbook, include definitions Illustrate cases and make laminated cards Recognise defences from scenarios and have student discussion as to whether a case is murder or manslaughter, and why An explanation of the elements of the two types of involuntary manslaughter, unlawful act manslaughter and gross negligence manslaughter Comparison with voluntary manslaughter Add to scrapbook with newspaper articles, scenarios, case law Draw facts of case, make laminated cards Worksheet identifying elements of the offences Outline understanding of criminal responsibility and definition and meaning of the crime of murder Knowledge and understanding of the key elements of the specific defences to murder and the effect of a successful defence Knowledge and understanding of the key elements of involuntary manslaughter klm Copyright 2009 AQA and its licensors. All rights reserved. 11

13 Criminal Law Non-fatal Offences Criminal Law Property Offences Criminal Law Property Offences General Defences Criminal Law General Defences An exploration of the non-fatal offences of common assault and battery, actual bodily harm S47, grievous bodily harm and malicious wounding, both S20 and S18 Offences Against the Person Act 1861 Using procedure work from Unit 1, role play a case of a non-fatal offence including difficulty of ascertaining mens rea for S18 offence Identification of offences from scenarios, newspaper articles Draw facts of cases, laminate cards match cards to case names An understanding of the key elements of the definitions of theft and robbery, including appropriate case law Identification of offences from scenarios Newspaper articles Create a class theft and/or robbery what s the difference? Exploration of the crimes of burglary and making off without payment Examination of the general defences of insanity, M Naghton rules and automatism Comparison chart of the property offences Worksheet on property offences Cloze exercise on defences An outline exploration of the defences of intoxication, duress, duress of circumstances/necessity, self-defence and consent Recognition of defences in scenarios Making charts of key elements with case law Evaluation of defences and offences Students make up scenarios of a range of criminal offences in groups and swap scenarios to solve Knowledge and understanding of the definitions and application of non-fatal offences An appreciation of the different property offences and their definitions and application Knowledge and understanding of property offences and outline understanding of the defences Outline understanding of general defences and summarising the criminal offences 12 Copyright 2009 AQA and its licensors. All rights reserved. klm

14 Family Law Marriage Family Law Divorce Exploration of the requirements for a valid marriage, void and voidable marriage and civil partnership, with legislative background Discussion on the suitability of the requirements and comparison with civil partnership Application of the legal requirements for a valid marriage to a celebrity wedding Making charts comparing valid, void and voidable marriages Chart comparing civil partnership with marriage The irretrievable breakdown of a marriage and the five facts by which it may be proved, decree nisi and absolute Follow a celebrity divorce, eg Madonna, McCartney Students prepare scenarios in groups and discuss whether a divorce is possible Worksheet/cloze exercise including relevant legislation and case law An understanding of valid, void and voidable marriages and civil partnerships Knowledge and understanding of irretrievable breakdown of the marriage Family Law Divorce Family Law The law of Succession Outline information on maintenance, child maintenance, the role of the courts and mediation Role-play a mediation Discussion on appropriate maintenance, fathers rights, and the role of mediation Summarise work on marriage and divorce Exploration of the requirements for making a valid will and privileged wills and revocation of a will Wills made in contemplation of marriage Researching wills on internet, writing fantasy wills Case studies Outline understanding of ancillary matters and recapitulation of work on family law Awareness of the legal requirements for making and destroying a will klm Copyright 2009 AQA and its licensors. All rights reserved. 13

15 Family Law The law of Succession Rights and Responsibilities Introduction Rights and Responsibilities For buyers and sellers Rights and Responsibilities For buyers and sellers Explanation of the rules of intestacy and personal representatives and the legislation for family provision Scenario cases with students working out how the estate of the deceased would be distributed Discussion on the advantages of making a will Worksheet/cloze exercise including legislation and case law Discuss the various aspects of situations which involve rights and responsibilities, eg employer/employee, buyer/seller, personal freedom/restrictions Discuss the issues of a free country in a democracy Newspaper articles on rights/responsibilities and make a collage on findings An explanation of the contract elements, offer and acceptance in a consumer contract, and the differences between offer and invitation to treat Examine case law on offer and acceptance Identify situations which are invitations to treat Collect special offer leaflets and write to Consumer Focus for information or use web pages Explanation of the key provisions of the Sale of Goods Act 1979 (as amended), Supply of Goods and Services Act l982 and Consumer Protection Act Recapitulation on Small Claims track procedure from Unit 1 Role-play shopping scenarios with faulty/damaged goods, etc Role-play supply of goods and services, eg repairs to car, home appliances etc Examine case law Knowledge of intestacy law and the distribution of an intestate s estate Outline understanding of rights balanced by responsibilities An awareness of the making of a consumer contract Knowledge of the statutory rights of a consumer 14 Copyright 2009 AQA and its licensors. All rights reserved. klm

16 Rights and Responsibilities In employment Rights and Responsibilities In employment Rights and Responsibilities As a citizen Rights and Responsibilities As a citizen Revision on selected topics Introduction to employment as based on a contract legal requirements Discrimination in employment by sex, age, disability, sexual orientation Health and Safety legislation Newspaper articles on discrimination Examine school/college health and safety procedures Worksheet/cloze exercise Recapitulation on vicarious liability from Tort and an explanation of the role of tribunals in employment disputes Discussion of scenarios Summarise the work on employment make a leaflet/folder for a prospective employee informing them of their rights and responsibilities; make the same for an employer An outline explanation of the Human Rights Act 1998 based on European Convention on Human Rights Working in groups, examine different rights and present back to whole group Exploration of rights and restrictions relating to personal freedom, freedom of communication and the right to a fair trial Newspaper articles, discussion on the rights and restrictions on suspected terrorists Write articles on freedom of speech and its restrictions, with evaluation Discuss natural justice and examine case law Mind maps, cloze exercises, case law mix and match, etc An appreciation of the legal requirements of an employer and employee Knowledge and understanding of the outcomes of employment disputes Outline understanding of Human Rights legislation Awareness of the rights and duties of a citizen klm Copyright 2009 AQA and its licensors. All rights reserved. 15