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GCSE Law Scheme of Work 1: Topic-based

GCSE Law Scheme of work Scheme of work 1: Topic-based

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GCSE Law

Scheme of Work 1: Topic-based

Teacher Resource Bank / GCSE Law / Scheme of Work 1: Topic Based / Version 1.1

klm Copyright © 2009 AQA and its licensors. All rights reserved. 1

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

1 3.1.1 Introduction to Law Meaning and definition of law

Discussion on rule making, school/college rules/rules in sport and games Life with no laws? Compare with dictatorship

STUDENT WORK: • 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

Knowledge of the necessity for a reliable system of law

2 3.1.1 Classifications of Law: Public and Private, Civil and Criminal

Introductory video/DVD Explanation of public/private and types of law and their purpose Terminology civil/criminal

STUDENT WORK: • 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

Understanding of the divide between public and private law Knowledge of civil and criminal terminology

3 3.1.4 Sources of English Law How Parliament is constituted and the role of the three elements of Parliament

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

STUDENT WORK: • Research answers to question based on education documents

on Parliament’s web site eg Discover Parliament pdf file

An understanding of the nature and constitution of Parliament

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4 3.1.4 Sources of English Law The passage of a public Bill through both the informal and formal stages

Brief explanation of the consultation process and the stages of a public Bill through Parliament and Royal Assent

STUDENT WORK: • 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

Knowledge of the informal and formal process of a Bill

5 3.1.4 Sources of English Law Case Law and Precedent

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

STUDENT WORK: • Making charts, with illustrations (computer graphics) of the

hierarchy of the courts • ‘Match the judge/magistrate to the court’ exercise

An understanding of the hierarchy of the courts and its importance

6 3.1.4 Case Law and Precedent

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

STUDENT WORK: • Ranking exercise on the hierarchy • Cloze exercise/worksheet including case law

Knowledge of the way precedent works in the hierarchy of the courts

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7 3.1.4 Case Law and 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

STUDENT WORK: • 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

An understanding of how a court decision is made and the binding nature of precedent

8 3.1.4 Relationship between the different sources of law

Explanation of the Supremacy of Parliament and the limitations upon the doctrine The importance of this in relation to judicial precedent

STUDENT WORK: • Examine case law illustrating the limitations • Make mind maps on sources of law topics • True/False exercise

An outline understanding of the status of the sources and limitations placed upon them

9 3.1.2 and 3.1.3 Courts and Processes and People in the Law The Magistrates’ Court

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)

STUDENT WORK: • 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 the various roles of a magistrate and the jurisdiction of the Magistrates’ Court

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10 3.1.2 and 3.1.3 Courts and Processes and People in the Law The Magistrates’ Court

Local Magistrates’ Court visit (contact local court to arrange in advance)

STUDENT WORK: • 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

Knowledge of actual court setting and work and role of a magistrate

11 3.1.2 The Magistrates’ Court: Pre-trial procedure

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

STUDENT WORK: • 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

Awareness of the different procedures by which a case comes before the Magistrates’ Court

12 3.1.2 The Magistrates’ Court: Trial procedure

Use mock trial exercise to show procedure

STUDENT WORK: • 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

Active understanding of personnel and procedure in the Magistrates’ Court

13 3.1.2 The Magistrates’ Court: Sentencing and Appeals

Explain different types of sentencing and aims

STUDENT WORK: • Case studies to work in ‘benches’ of 3 on sentencing options • Write articles for Magistrates’ Court ‘scrapbook’

Knowledge of sentences and aims

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14 3.1.2 and 3.1.3 The Crown Court and People in the Law

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

STUDENT WORK: • 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

An understanding of the role of the judge and jury in a Crown Court trial

15 3.1.2 and 3.1.3 The Crown Court and People in the Law

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 WORK: • 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

Analysing the role of lay people within the law

16 3.1.2 Courts and Processes The Civil Courts

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

STUDENT WORK: • 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

Recognition of the civil courts and their jurisdiction, and the variety of sources for legal advice

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17 3.1.2 Courts and Processes The Civil Courts

An explanation of private finance, insurance and conditional fee arrangements for bringing a claim for damages

STUDENT WORK: • Use web search for solicitors offering Legal Help • Collect leaflets on Legal Help • Request sample conditional fee agreement • Complete worksheet/cloze exercise

Outline understanding of legal funding

18 3.1.2 Courts and Processes The Civil Courts

An explanation of trial in the County Court – the 3-track system and the criteria for allocation Law School videos/DVD

STUDENT WORK: • Case scenarios, role play small claims/fast track trial • Complete worksheet on different tracks

An understanding of civil trial procedure

19 3.1.2 Courts and Processes The Civil Courts

Exploration of civil remedies and appeals

STUDENT WORK: • Accident claim scenarios, nuisance, trespass and defamation,

and contract scenarios to assess damages • Complete appeal routes on court hierarchy diagram

Knowledge of remedies and appeals

20 3.1.3 Legal Professionals

Introduction to the legal profession Solicitors, training, work and role Visit of solicitor to class

STUDENT WORK: • Question and answer session with solicitor • Making flow diagrams of training process • Cloze exercise • Make up board game on training to admittance

Understanding of the solicitors’ branch of the legal profession

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21 3.1.3 Legal Professionals

Explanation of the training, work and role of barristers Possible visit of barrister or pupil barrister to class. Court room TV drama

STUDENT WORK: • 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

Understanding of the barristers’ branch of the legal profession

22 3.1.3 Legal Professionals

Recapitulation on the judges who sit in different courts, civil, criminal and appeal cases

STUDENT WORK: • True/False exercise on the legal profession • Write pamphlet explaining to the public the role of the legal

profession

Revision of work on judges and resumé of work of the legal profession

23-30 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)

Reinforcement of Unit 1

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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 1 3.2.1

The Law of Tort Introduction to Tort

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

STUDENT WORK: • 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

An outline understanding of the nature of a tort and the differences between crime and tort

2 3.2.1 The Law of Tort Negligence – Duty of care

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

STUDENT WORK: • 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 understanding of the duty of care in the tort of negligence

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3 3.2.1

The Law of Tort Negligence – Breach of duty

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

STUDENT WORK: • Make a collage of cases featuring breach of duty • Worksheet/cloze exercise • Newspaper articles • Draw cases and make laminated cards

An understanding of the breach of duty of care in the tort of negligence

4 3.2.1 The Law of Tort Negligence Damage and Remedies

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

STUDENT WORK: • 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 remoteness of damage in the tort of negligence and of the main principles and remedies of occupiers’ and vicarious liability

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5 3.2.1

The Law of Tort Trespass

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

STUDENT WORK: • Worksheet identifying different types of trespass • Cloze exercise • Complete table of elements of each branch of the tort

Knowledge and understanding of each of the three types of the tort of trespass

6 3.2.1 The Law of Tort Nuisance

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

STUDENT WORK: • 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

An understanding of public and private nuisance

7 3.2.1 The Law of Tort General Defences and Remedies

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

STUDENT WORK: • Match the defence to a scenario • Match the remedy to the tort • Write a summary of each tort

Outline understanding of defences and remedies

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8 3.2.2 Criminal Law Criminal Responsibility and crime of murder

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

STUDENT WORK: • Identifying AR and MR in scenarios • Murder case studies • Follow/write up specific famous murder case noting AR and MR • Cloze exercise

Outline understanding of criminal responsibility and definition and meaning of the crime of murder

9 3.2.2 Criminal Law Voluntary manslaughter

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

STUDENT WORK: • 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

Knowledge and understanding of the key elements of the specific defences to murder and the effect of a successful defence

10 3.2.2 Criminal Law Involuntary manslaughter

An explanation of the elements of the two types of involuntary manslaughter, unlawful act manslaughter and gross negligence manslaughter Comparison with voluntary manslaughter

STUDENT WORK: • Add to scrapbook with newspaper articles, scenarios, case law • Draw facts of case, make laminated cards • Worksheet identifying elements of the offences

Knowledge and understanding of the key elements of involuntary manslaughter

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11 3.2.2 Criminal Law Non-fatal Offences

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

STUDENT WORK: • 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

Knowledge and understanding of the definitions and application of non-fatal offences

12 3.2.2 Criminal Law Property Offences

An understanding of the key elements of the definitions of theft and robbery, including appropriate case law

STUDENT WORK: • Identification of offences from scenarios • Newspaper articles • Create a class ‘theft’ and/or ‘robbery’ – what’s the difference?

An appreciation of the different property offences and their definitions and application

13 3.2.2 Criminal Law Property Offences General Defences

Exploration of the crimes of burglary and making off without payment Examination of the general defences of insanity, M’Naghton rules and automatism

STUDENT WORK: • Comparison chart of the property offences • Worksheet on property offences • Cloze exercise on defences

Knowledge and understanding of property offences and outline understanding of the defences

14 3.2.2 Criminal Law General Defences

An outline exploration of the defences of intoxication, duress, duress of circumstances/necessity, self-defence and consent

STUDENT WORK: • 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

Outline understanding of general defences and summarising the criminal offences

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15 3.2.3 Family Law Marriage

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

STUDENT WORK: • 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

An understanding of valid, void and voidable marriages and civil partnerships

16 3.2.3 Family Law Divorce

The irretrievable breakdown of a marriage and the five facts by which it may be proved, decree nisi and absolute

STUDENT WORK: • 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

Knowledge and understanding of irretrievable breakdown of the marriage

17 3.2.3 Family Law Divorce

Outline information on maintenance, child maintenance, the role of the courts and mediation

STUDENT WORK: • Role-play a mediation • Discussion on appropriate maintenance, fathers’ rights, and the role of

mediation • Summarise work on marriage and divorce

Outline understanding of ancillary matters and recapitulation of work on family law

18 3.2.3 Family Law The law of Succession

Exploration of the requirements for making a valid will and privileged wills and revocation of a will Wills made in contemplation of marriage

STUDENT WORK: • Researching wills on internet, writing fantasy wills • Case studies

Awareness of the legal requirements for making and destroying a will

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19 3.2.3 Family Law The law of Succession

Explanation of the rules of intestacy and personal representatives and the legislation for family provision

STUDENT WORK: • 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

Knowledge of intestacy law and the distribution of an intestate’s estate

20 3.2.4 Rights and Responsibilities Introduction

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

STUDENT WORK: • Newspaper articles on rights/responsibilities and make a collage on

findings

Outline understanding of rights balanced by responsibilities

21 3.2.4 Rights and Responsibilities For buyers and sellers

An explanation of the contract elements, offer and acceptance in a consumer contract, and the differences between offer and invitation to treat

STUDENT WORK: • 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

An awareness of the making of a consumer contract

22 3.2.4 Rights and Responsibilities For buyers and sellers

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 1987. Recapitulation on Small Claims track procedure from Unit 1

STUDENT WORK: • 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 the statutory rights of a consumer

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23 3.2.4 Rights and Responsibilities In employment

Introduction to employment as based on a contract – legal requirements Discrimination in employment by sex, age, disability, sexual orientation Health and Safety legislation

STUDENT WORK: • Newspaper articles on discrimination • Examine school/college health and safety procedures • Worksheet/cloze exercise

An appreciation of the legal requirements of an employer and employee

24 3.2.4 Rights and Responsibilities In employment

Recapitulation on vicarious liability from 3.2.1 Tort and an explanation of the role of tribunals in employment disputes

STUDENT WORK: 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

Knowledge and understanding of the outcomes of employment disputes

25 3.2.4 Rights and Responsibilities As a citizen

An outline explanation of the Human Rights Act 1998 based on European Convention on Human Rights

STUDENT WORK: • Working in groups, examine different rights and present back to whole

group

Outline understanding of Human Rights legislation

26 3.2.4 Rights and Responsibilities As a citizen

Exploration of rights and restrictions relating to personal freedom, freedom of communication and the right to a fair trial

STUDENT WORK: • 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

Awareness of the rights and duties of a citizen

27-30 Revision on selected topics

Mind maps, cloze exercises, case law mix and match, etc