Unit 04 - Stimulus material and contemporary examples

RESOURCES
A-LEVEL LAW
LAW04 – Concepts of Law
Stimulus material and contemporary examples
(2160)
Version: 0.1
This material was contributed informally by delegates at a CPD meeting. The ideas given were things
that they found useful in their own teaching and are offered as suggestions and starting points only
(and of course ‘contemporary examples’ may have to be updated).
Copyright © 2014 AQA and its licensors. All rights reserved.
AQA retains the copyright on all its publications. However, registered schools/colleges for AQA are permitted to copy material from this
booklet for their own internal use, with the following important exception: AQA cannot give permission to schools/colleges to photocopy any
material that is acknowledged to a third party even for internal use within the centre.
Law and Morals
Possible stimulus material
• ‘The Moral Maze’ – a Radio 4 programme
available on BBC iPlayer
• DVD ‘Taking Liberties’ – a documentary
produced by Channel Four (available to
purchase as a DVD)
• YouTube clips
• ‘To lie or not to lie?’ – an online game
developed by the ‘Openlearn’ team at the
Open University
• Desert Island activity – a ‘Lord of the Flies’type scenario in which students have to
design 10 laws to live by
• Topical news items taken from BBC or Sky
News website
• Documentaries available at BBC iPlayer or
Channel Four OD
• Guest speakers from local religious
communities
• Guest speakers from the medical or legal
profession
• Debates on topical issues (see Examples
column)
• ‘Chicken or egg?’ debate
• Bingo
• Film – ‘A Short Stay in Switzerland’
Contemporary examples
• The ongoing assisted suicide/euthanasia
debate: DPP’s guidelines, Kay Gilderdale,
Frances Inglis, Douglas Sinclair and Tony
Nicklinson
• Accelerated death cases
• Terrorism – detention without charge and
the use of ‘control orders’
• Blasphemy laws
• Guest house case (Hall and Preddy v Bull)
• Foster couple case (Johns)
• Sex offenders’ register and ECHR ruling (F)
• Prisoners’ voting rights and ECHR ruling
(Hirst v UK)
• Surrogacy
• Saviour siblings
• Multi-racial adoption
• Online piracy cases
• The history of ‘drink driving’ and the law
• R v Gibson – What are the limits of
‘acceptable art’?
• Damien Hirst exhibitions (eg the cow in
formaldehyde)
• Under-age sex – should young people be
entitled to an abortion without parental
consent? (Possible link to Gillick v West
Norfolk and Wisbech Area Health Authority)
• Legality of war, for instance, the Chilcot
inquiry into the Iraq war
• Abortion time limits – should the 24- week
time limit be changed in light of medical
advances?
• Issue of gender selection and abortion
• Phone hacking and the Leveson inquiry
• Prostitution
• Gay ‘marriage’
• Bankers’ bonuses
• Anti-capitalist movements (eg the Occupy
movement outside St Paul’s Cathedral)
• Re: A (conjoined twins)
• Diane Pretty
3 of 9
Law and Justice
Possible stimulus material
• ‘You be the Judge’ – a decision-making
online game found at GOV.UK
• Role play of R v Dudley and Stephens
(1884) applying the various theories of
justice to the outcome
• ‘Justice: What’s the right thing to do?’ - a
series of lectures presented by Michael
Sandel from Harvard Law School. Freely
available at YouTube
• Soap operas (although we need to be
careful that students do not reference these
in the exam!) – eg Phil Mitchell in
Eastenders or Frank Foster in Coronation
Street
• News reports in local and national media
• Court visits – ask students to examine
whether they think the verdict is fair
• Video conferencing
• The ‘One Show’ w/c 12/03/12 discussion of
the history of the death penalty
• Capital punishment debate
• ‘Ashfield’ - young offenders institute in
Bristol, documentary shown on BBC
• ‘Strangeways’ – students to consider
whether prison works – link to whether
justice can ever be achieved or difficulties
aspect of the question
• U2 – ‘Sunday Bloody Sunday’
• Riot footage from 2011
• A-Level Law Review articles
• Film – ‘In the Name of the Father’
• ‘Memoirs of a Radical Lawyer’ by Michael
Mansfield QC
• Panorama documentary (available on
YouTube) about Stephen Lawrence case
• Film – ‘Provoked’
• Film – ‘Let Him Have it’
• Film/book – ‘To Kill a Mockingbird’
• Internet research project examining
miscarriage of justice cases
• James Bulger documentary (available on
YouTube)
• Television programme – ‘The Jury’
Contemporary examples
• Famous miscarriage of justice cases:
Birmingham Six, Guildford Four, Derek
Bentley, Sally Clark, Colin Stagg, Angela
Cannings, Barry George, James Hanratty
and Stefan Kiszko
• Julie Dunlop
• Coroners and Justice Act 2009 – loss of
control – difficulties of achieving justice
• Access to justice issues (eg legal funding)
• Use of the jury system
• DNA database issues
• Julian Assange
• Gary McKinnon
• US Stop Online Piracy Act (SOPA) and
Protect Intellectual Property Act (PIPA)
• Stephen Lawrence – possible appeals
• James Bulger murderers – did they get
‘justice’?
• McPherson report (Stephen Lawrence)
• Harry Redknapp – difficulties of achieving
justice
• Restriction of jury trials (eg proposals to
restrict d’s election in TEW cases)
• Blacklisting of trade union activists in the
construction industry
• Freemasonry – difficulties in achieving
justice
• Riots – difficulties in achieving justice
• Double jeopardy changes – difficulties in
achieving justice
• Defence of necessity
• Defence of duress
•
•
•
•
•
•
•
Joanne Frail – the juror found in contempt of
court for contacting defendant on Facebook
Ian Brady
Ian Huntley/Maxine Carr
Vincent Tabak – the use of ‘plea bargaining’
Amanda Knox case – difficulties in achieving
justice due to media coverage
Michael Jackson manslaughter case
John Terry – could he get a fair trial?
4 of 9
Judicial Creativity
Possible stimulus material
• A-Level Law Review articles
• Pictionary using LAW01 case (if studied)
• ‘Britain’s Supreme Court’ – a Channel Four
documentary
• ‘Highest Court in the Land’ – a BBC
documentary
• Do judges make the law? Should they be
allowed to?
• Simonds v Denning debate
• Separation of powers discussion
• Donoghue v Stevenson – ‘The Paisley Snail’
DVD
• ‘Snail in a bottle’ – YouTube clip made by
sixth form students illustrating Donoghue v
Stevenson
• Supreme Court website
Contemporary examples
• AG for Jersey v Holley
• R v Clinton
• RvR
• Guest house case (Hall and Preddy v Bull)
• Foster couple case (Johns)
• Re: A
• Airedale NHS Trust v Bland
• Central London Property Trust Ltd v High
Trees House Ltd (subsequent development
of promissory estoppel)
• Rylands v Fletcher
• Interpretation of the European Convention
on Human Rights/The Human Rights Act
1998
• R v Dica (HIV) and R v Golding (herpes)
• Consent and rough horseplay cases
• Vicarious liability cases
• Lord Denning’s ‘crusade’ to expand the
practice statement to the CA
• Development of recklessness in criminal law
– Caldwell, Cunningham and R v G
• Development of oblique intent
• Development of ‘appropriation’ in the theft
• Interpretation of ‘malicious’ and ‘infliction’ in
the context of OAPA 1861
• Case law relating to s.47, s.20 and s.18
OAPA
• Restriction of strict liability offences (eg
Sweet v Parsley)
• The use of the purposive approach in the
context of a wider discussion of the
interpretation of EU law
5 of 9
Fault
Possible stimulus material
• ‘You be the Judge’ – an online decision
making game (on GOV.UK)
• A-Level Law Review articles
• Sensational newspaper articles found in
both the national and local press
• YouTube clips (eg James Bulger killers)
• Footage related to under-age drinking
problems in society
• Scenarios or dilemmas – write your own!
• Lawyers’ adverts (eg Claims Direct)
• Workplace safety films. There is also a
parody of 1980s workplace safety films by a
German comedian called Klause (available
on YouTube) which was mentioned by
several delegates. Viewer discretion is
advised. Teachers will have to make
their own judgement on whether this is
acceptable content to show their class
• Spectrum task for the non-fatal offences
(card sort continuum)
Contemporary examples
• ‘Costa Concordia’ cruise ship disaster
• Lyme Regis disaster - R v Kite and OLL Ltd
• The All-Party Parliamentary Group on
Occupational Safety and Health Report on
Asbestos in Schools
• Hillsborough disaster
• London riots and subsequent sentencing
• R v Stone and Dobinson and other criminal
omission cases
• Discussions about the age of criminal
responsibility in the UK and comparisons to
other European countries
• Herald of Free Enterprise - R v
P and O European Ferries
• Defence of intoxication – specific and basic
intent offences
• Darren Way claim for negligence
• Medical negligence and professional/learner
standards
• American soldier Rober Bales case
involving the killing of 16 civilians in
Afghanistan
• Contributory negligence case law
• Association crimes
• Sentencing – reflecting (or not) levels of
fault
• Lord Coke’s definition of murder – the issue
of constructive liability
• Examination of the neighbour principle and
comparison with the test in Caparo v
Dickman
• Stalking legislation
• Extradition cases – eg Christopher Tappin
•
•
•
•
•
•
•
•
Self-defence case – eg Tony Martin and
Munir Hussain
Calvert v William Hill Ltd
Difference between civil law negligence and
gross negligence manslaughter
Coroners and Justice Act 2009 – impact of
Clinton (2012)
No fault/some fault systems (eg New
Zealand)
Development of oblique intent
Clare’s Law
Baby ‘P’ case and treatment of Sharon
Shoesmith
6 of 9
•
•
•
Brian Thomas – camper van case in which
he killed his wife whilst he was asleep – not
liable
R v Hinks
Fraud Act 2006
7 of 9
Balancing Conflicting Interests (BCI)
Possible stimulus material
•
•
•
•
•
•
‘You be the Judge’ – an online decisionmaking game on GOV.UK
A-Level Law Review articles
BBC and Sky news websites
Broadsheet newspaper reports
Moot/debate possibly based on judicial
review
Fox hunting (several documentaries have
been produced about this issue)
Contemporary examples
(NB: It is essential that students illustrate the
interests or rights which are balanced in each
contemporary example).
• AG for Jersey v Holley
• R v Clinton
• Guest house case (Hall and Preddy v
Bull)
• Foster couple case (Johns)
• Evans v the United Kingdom (rights of
potential parents which could conflict)
• R v Human Fertilisation and Embryology
Authority Ex p. Blood (husband died
before he was able to give consent to
use of sperm)
• Abu Qatada – extradition case
• Smoking ban
• Privacy – Leveson inquiry
• R v Brown compared to R v Wilson
• R v Gnango – gang violence
• Detention without charge and use of
‘control orders’
• Human rights – qualified rights in the
ECHR
• Strict liability (private v public rights)
• Facebook – a ‘right’ to privacy
• Douglas v Hello
• Right to protect property and selfdefence case law
• Grandparents’ rights to child access
• Rights of victims v rights of the
defendant
• Rights and responsibilities (eg limitations
on human rights under the ECHR and
Human Rights Act 1998)
• Contract Law – UCTA 1977 and SOGA
1979
• Tort – nuisance – a balance between
private and public interests
• Prisoners’ rights (eg voting) balanced
against victims’ rights
• Terrorism Act 2006
• PACE 1984
• Legality of ‘kettling’ by the Metropolitan
police – recent ECHR decision
• Aggravating and mitigating factors in
sentencing
• Legal aid
8 of 9
•
•
•
•
•
•
•
•
•
•
•
•
•
Conjoined twin case (Re: A)
Theft
Reform of provocation – loss of control
under Coroners and Justice Act 2009
Insanity/diminished responsibility case
law
Treatment of Peter Sutcliffe
Sentencing aims
Tariffs in sentencing
Super injunctions
Windle
Amendments to bail
Abu Hamza
PVS patients or minimally-conscious
patients
Discussions of the use of water cannon
in 2011 riots
9 of 9