OCR AS Level Law Past Papers

Problem scenario questions in AS Law reward a four-step analytical sequence: begin by pinpointing the precise legal question the facts raise (is this an offence? Which specific offence? Which party owes a duty?), then state the governing legal rule with its source (statute number or case name and year), then work through the facts methodically to show how each element of the rule is or is not satisfied on these specific facts, and finally state a reasoned outcome. Most marks are allocated to the application step — students who present the correct rule but then give a generic explanation without reference to the scenario's particular details rarely reach the higher bands. For criminal law mens rea questions, the distinction between direct intention, oblique intention (Woollin [1998]), and subjective recklessness (Cunningham [1957]) must be precise. Direct intention: the defendant desires the consequence as their aim or purpose. Oblique intention: the consequence is virtually certain to result from the defendant's act, and the defendant appreciates this virtual certainty — this is the test set down by the House of Lords in R v Woollin. Cunningham recklessness: the defendant foresaw the risk of harm and proceeded unreasonably despite that foresight. Be clear about which mens rea standard each offence requires — s20 GBH requires Cunningham recklessness or intention; s18 GBH requires specific intention. For negligence tort questions, work through the three-stage Caparo test methodically: (1) Was the harm foreseeable? (2) Was there sufficient proximity between the parties? (3) Is it fair, just, and reasonable to impose a duty? Each limb must be addressed separately with reference to the facts. Do not confuse establishing a duty of care (the Caparo stage) with establishing breach of that duty — breach is assessed by the standard of the 'reasonable person' and factors such as the magnitude of risk, the social utility of the defendant's conduct, and the cost of precautions (Blyth v Birmingham Waterworks [1856]).