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
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