Premium Essay

Law Aqa A2 Unit 3 Model Answer

In: Other Topics

Submitted By fayewhite
Words 336
Pages 2
June 2013 LAW UNIT 3 EXAM

Discuss the possible criminal liability of Niccy for the murder of Owen, and the possible criminal liability of Paul for the murder of Steve. (25 marks)

PART (A) ONLY:

The actus reus of murder is the unlawful killing of a reasonable person in being under the Queen’s peace and within the jurisdiction of the Crown Court, with malice aforethought, expressed or implied. In this case, the actus reus of murder is present, as she stabbed Owen unlawfully. Niccy is the factual cause of Owen’s death, as 'but for' her actions he wouldn’t have died - as seen in the case of White. She is also the legal cause because she was more than the minimal cause, as demonstrated in the case of Pagett.
The mens rea of murder is malice aforethought, which includes express malice - the intention to kill, or implied malice - intention to cause serious GBH. Niccy had the mens rea for murder, because she intended to kill Owen; she claimed he “must be eliminated”. She also had clear actus reus as she was the sole cause of his death. Therefore she could be liable for Owen's murder.

Paul could also be liable for the murder of Steve, as he had the clear actus reus to cause serious harm to Steve. The jury would have to decide whether Paul had the intention for murder, as it is a specific intent crime and the scenario states that Paul only intended to break Steve’s arm. The jury would be able to find the necessary intention if the consequences of Paul’s actions were virtually certain and that Paul knew this, as seen in Nedrick and Woolin. It is foreseeable that if you attack someone with a hammer there could be fatal results, and Paul would have known this, so it is likely that the jury would find the necessary intention. Therefore Paul has implied malice because he intended to cause GBH by wanting to break Steve’s arm. Therefore, Paul could be…...

Similar Documents

Free Essay

Unit 3 Assignment for Pa250 Family Law

...Michael Crockett PA 250 Family Law Prof: Jessica Gauvin June 22, 2013 Unit 3 Assignment The Uniform Premarital Agreement Act is the regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can decide on any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The state of Texas is one of 27 states that adopted the Uniform Premarital Agreement Act (UPAA) Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are obligations that the couple must meet and some circumstances that might render the agreement void. Prenuptial agreements need to be in writing. Some states require a notarized agreement, but Texas does not. Both partners must fully disclose their assets and liabilities. This includes getting appraisals done for things that might be difficult to value. The partners need to understand each other’s situation fully before they can agree to anything in a prenuptial agreement. A court will void an agreement that involves less than full disclosure on the part of one of the partners. Each partner......

Words: 849 - Pages: 4

Premium Essay

Model Answer

...movement along a given demand curve unless supply also changes Answer: d. A movement along a given demand curve to a higher quantity demanded Explanation: According to law of demand as the price of good decreases the demand will increase. P P= Price of Good P1 Q= Quantity Demanded P2 Q Q1 Q2 As Price decrease from P1 to P2 Quantity Increases from Q1 to Q2 2) If automobiles are a normal good and the price of automobiles rises, then holding all else constant, the a. demand for automobiles will rise b. quantity demanded of automobiles will fall c. demand for automobiles will fall d. quantity demanded of automobiles will rise e. supply of automobiles will fall Answer: b. quantity demanded of automobiles will fall Explanation: Normal goods are those whose demand increases with increase in income. Now since it is given that the cost of the good rises and all other things remain constant implying that the income is also constant that means the demand will fall as consumer will have less money to buy it. 3) All the following shift the demand curve for automobiles to the right except: a. the local factory gives a big raise to its employees. b. a brand new automobile dealership opens in town. c. the price of gasoline falls. d. None of the Above Answer: b. a brand new automobile dealership opens in town. ......

Words: 1340 - Pages: 6

Free Essay

Memo Unit 3 Pa 250 Family Law

...TO: Supervising Attorney From: Jennifer A. Ramos This memo is on prenuptial agreements and their utilities. The Uniform Premarital and Martial Agreement Act (UPMAA) is a Uniform Act drafted in 1983 by the National Conference of Commissioners on Uniform State Laws (NCCUSL, 2012). Pennsylvania has not adopted the UPMAA. In Pennsylvania the requirements for a prenuptial agreement are as follows: • It must be a written agreement; • Both parties must execute the document voluntarily; • Both parties must be provided fair and reasonable disclosure of their property and/or financial obligations; • Both parties must have full knowledge of the obligations for each party regarding property and finances; and • The agreement is to be executed by the marriage date. (Pa Cons. Stat. § 3106). A prenuptial agreement in Pennsylvania must be a written agreement, it cannot be verbal. The agreement must also be signed by both parties voluntarily, with a witness and a notary public; this must be done before the marriage is commenced. Both parties in the agreement must be in full knowledge of all financial and property decisions that are made in the agreement; nothing can be added after it is signed, unless there is a legal amendment. Prenuptial agreements should not be compulsory. Prenuptial agreements should be spoken about beforehand and should either be agreed upon or disagreed upon. Making a decision like that is something you will be done together for the rest of your life,......

Words: 349 - Pages: 2

Premium Essay

Unit 3 Discussion 1: Access Control Models

...Shingles is a small construction company consisting of 12 computers that have internet access. Discretionary Access Controls should be used in this scenario because the company is small and not in need of high security environment. This solution is the simplest to maintain and monitor for a small business. 2. Top Ads is a small advertising company consisting of 12 computers that have internet access. All employees communicate using smart phones. Mandatory Access Controls should be used in this scenario because the employees primarily communicate using smart phones, which opens up a security risk. Mandatory Access Controls are a step up stronger than Discretionary Access Controls, but are still relatively simple to monitor for a small business. 3. NetSecIT is a multinational IT services company consisting of 120,000 computers that have internet access and 45,000 servers. All employees communicate using smart phones and e-mail. Many employees work from home and travel extensively. Role Based Access Control should be used in this scenario because this is a large company with employees who travel and work from home. The roles should be controlled by a Security Administrator who could provide different levels of security to individual users. There would be some overhead in startup to get up and running but once in place this should be easy to manage. 4. Backordered Parts is a defense contractor that builds communication parts for the military. All employees communicate using......

Words: 407 - Pages: 2

Free Essay

Nt 1420 Unit 3 Answers

...Short Answers Unit 3 1. WHAT TWO THINGS MUST YOU NORMALLY SPECIFY IN A VARIABLE DECLARATION? The variable’s name The variable’s data type 2. WHAT VALUE IS STORED IN UNINITIALIZED VARIABLES? =0 Research Unit 3 1. WHAT IS REVERSE ENGINEERING? The process of taking a piece of software or hardware an analyzing its functions an information flow and then translating those processes. 2. WHAT ARE THE ADVANTAGES AND DISADVANTAGES TO USE REVERSE ENGINEERING TO DISCOVER THE LOGICS OF A SOFTWARE PROGRAM? Advantages- one can repair certain bugs, see how a program operates, and improve the operation of the program. Disadvantages- certain other bugs may be introduced during the process 3. FIND ANY ONE TOOL AVAILABLE TO PERFORM REVERSE ENGINEERING OF SOFTWARE PROGRAMS. LIST AT LEAST FIVE FEATURES OF THAT TOOL. GDB-GNU DEBUGGER  Allows taking a program and breaking it down to the assembly language level  Debug your programs  Examine your programs  Command line based tool which makes it easier to issue different parameters  Debug the kernel of any operating system UNIT 3: ALGORITHM WORKBENCH 3. SET B= (2 + A) SET A= (B + 4) SET B=( A/ 3.14) SET A= (8-B) 4. A. Set result = x + y 12 = 4 +8 B. Set result = z * 2 4 = 2 * 2 C. Set result = y / x 2 = 8 / 4 D. Set result = y – z 6 = 8 – 2 5. Dim cost1 As Double = 0 6. Dim cost1 As Integer = 0 7. Dim cost1 As Integer = 27 8. Total = 10 + 14 9. due......

Words: 257 - Pages: 2

Premium Essay

Biology A2 Aqa Note

...A2 level Biology notes By bssjonny Contents A2 level Biology notes 1 Contents 2 Section 1.1 – Populations and ecosystems 2 Section 1.2 – Investigating Populations 3 Section 1.3 – Variation in population size 4 Section 1.4 / 1.5 – Competition / Predation 5 Section 1.6 – Human Populations 6 Section 2.1 – Energy and ATP 8 Section 3.1 + 3.2 – Photosynthesis and the light dependent reaction 10 Section 3.3 – The light – independent reaction 11 Section 3.4 – Factors affecting photosynthesis 12 Section 4.1 – Glycolysis 13 Section 4.2 – Link reaction + Kreb cycle 14 Section 4.3 – Electron transport chain 15 Section 4.4 – Anaerobic respiration 16 Section 5.1 – Food chains and food webs 17 Section 5.2 – Energy transfer between trophic levels 18 Section 5.3 – Ecological pyramids 19 Section 5.4 – Agricultural ecosystems 20 Section 5.5 – Chemical and biological control of agricultural pests 21 Section 5.6 – Intensive rearing of domestic livestock 22 Section 6.1 – The carbon cycle 23 Section 6.2 - The greenhouse effect and global warming 24 Section 6.3 – The nitrogen cycle 25 Section 6.4 – Use of natural and artificial fertilisers 26 Section 6.5 – Environmental consequences of using fertilisers 27 Section 7.1 – Populations and Ecosystems 28 Section 7.2 – Conservation of habitats 29 Section 8.1 – Studying......

Words: 8554 - Pages: 35

Premium Essay

A2 Cold War, Unit 3

...Ideologies : Communism v. capitalism Capitalism: production of goods and distribution is dependent on private capital with a view to making profit; capitalist economies run by individuals rather than by state Communism: hostile to capitalism, which exploits workers; ideally all property, businesses & industry should be state-owned, ‘each gives according to their ability to those according to their need’ Economics: Marshall Plan (1947) – provision of fuel, raw materials, goods, loans, food, ……………..machinery advisers US exploited it financial power to export Western values – dollar imperialism 1948-52, US Congress voted nearly $13bn economic aid to Europe Trade war with Communist countries, e.g. Cuba Military tensions: Korean War (1950-3), Vietnam (early 1960s -1973); US …………military …………..build-up, e.g. 1960 2.4 US military personnel around world; …………1959, 1,500 ………….military bases in 31 countries Treaties: NATO (1949) – North Atlantic Treaty Organisation SEATO (1954)– South East Asia Treaty Organisation Warsaw Pact (1955)– military defensive pact amongst eastern European nations COMECON (1949)– Council for Mutual Economic Assistance Propaganda: European Recovery Program – propaganda as much as economic ………..exercise Benefits of Marshall Plan advertised Italy became a focus of economic rebuilding after WWII - ‘Operation Bambi’ used minstrels, puppet shows and film Espionage: CIA (1947) – founded to co-ordinate information gathering on ………USSR and......

Words: 1286 - Pages: 6

Free Essay

Unit 2 Aqa

...therefore more stable. They can do this by losing, gaining or sharing electrons. Ionic Bonding 1. Ionic bonding takes place between a metal and a non-metal. 2. The metal atoms lose their outer shell electrons to form positive ions. 3. The non-metal atoms gain these electrons to fill their outer shells and form negative ions 4. The positive and negative ions attract each other in a lattice Covalent Bonding 1. Covalent bonds are formed between 2 non-metallic elements. 2. The atoms share electrons in order to complete their outer shells. 3. The atoms all attain noble gas structure (complete outer shells). 4. The new particles formed are neutral molecules. Structures of Substances There are 4 main structures which substances can have. These are known as: SIMPLE MOLECULAR., GIANT COVALENT, GIANT IONIC and GIANT METALLIC Simple Molecular. Simple molecular substances have small molecules, such as H2O or CO2 (see diagrams on p 77 & 78. The atoms in these molecules are held together by strong forces called covalent bonds, but there are only very weak forces between the molecules. This means: 1) They have low melting and boiling points (many are liquids or gases). 2) They tend to be soft and/or have little strength. 3) They do not conduct electricity Simple molecular substances are nearly always non-metallic elements or their compounds. e.g. Water (H2O), Iodine (I2), Carbon dioxide (CO2), Sugar (C12H22O11). Giant Covalent......

Words: 5119 - Pages: 21

Premium Essay

Pa 205 Test Answers Unit 1, 2 and 3

...PA 205 Test Answers Unit 1, 2 And 3 http://hwguiders.com/downloads/pa-205-test-answers-unit-1-2-and-3 PA 205 Test Answers Unit 1, 2 And 3 UNIT 1 Question 1. Law review articles and legal encyclopedias are examples of: Question 2. Statutes and case law are examples of: Question 3. For a trial court in California, a decision from the California Supreme Court would be: Question 4. For an Ohio Appellate court, a decision from the California Supreme Court would be: Question 5. For a trial court in Texas, the statutes contained in the Texas Penal Code are: Unit 2 Question 1. “Shall” and “may” are examples of: Question 2. The term “unless” when used in a statute usually indicates a(n): Question 3. Which is the correct Bluebook citation for section 148 of title 11 of the United States Code? Question 4. Which is the correct Bluebook citation for section 14-7-2 of the New Mexico Statutes Annotated? Question 5. Which is the correct Bluebook citation for the Kentucky Revised Statutes Annotated published by West, section 38.180(2)? Unit 3 Question 1. Parties: Eloween M. Johnson v. Karlyn Sue Price Reporter: Volume 91, Federal Supplement 2d series, page 626 Court: United States District Court for the District of Maryland Date decided: March 20, 2001 Question 2. Parties: Lillie R. Jenkins v. Anthony J. Celebrezze Reporter: Volume 335, Federal......

Words: 342 - Pages: 2

Premium Essay

Unit 3 Business Paper Unit 3 Aqa

...paying more for raw materials since so desperate to supply so paying more or paying workers over time to meet orders. However if the company decides to sell their British products to the Chinese, this would be considered as market development. With Andrews idea of entering new geographical markets will mean that they will be able to diverse their products and be able to suit it for different types of markets meaning Andrew will be able to provide the needs and wants of these small markets to get his target market area in China since this is a new market they have not been into before. Another reason why they should not develop new products for the Chinese market but offer the Chinese the British products is because the business has secured a 3% market share in the Chinese market and have products already existing. The market share has been achieved because of the business’s high quality British brand, which the business is hoping to achieve 5% market share from the advertising campaign in China. The budget which they had formed for marketing shows that the budget has increased from 2% to 20% showing that it is obviously effectively working and they can see more potential with growth for the long term for business shown in Appendix C of 2011-2015 with market growth in China rising to 10%. However the business will have to diverse their products since they are entering a new market. However with their research they are able to determine a rise in growth in the Chinese......

Words: 1065 - Pages: 5

Premium Essay

Unit 3 Discussion 1: Access Control Models

...Unit 3 Discussion 1: Access Control Models Scenario 1: (DAC) Discretionary Access Control. Being that the business is small and not in need of higher security measures, it would be the easiest to maintain and monitor for a small business. Scenario 2: (MAC) Mandatory Access Control. The employees primarily communicate using smartphones; which proves as a possible security risk. MAC is stronger than DAC but, still easily monitored for a small business; which makes this the top choice for Top Ads. Scenario 3: (RBAC) Role Based Access Control. With the company being as large as it is and the employees traveling and/or working from home, the roles set by a Security Administrator would be the most secure and efficient way of providing different levels of clearance to individual users. It would take time to start from nothing but, once the security measures are in place it would be easy to monitor and to manage. Scenario 4: Content-Dependent Access Control. Since everything that the company does depends on the individual material being manufactured the above Access Control type should be apparent. Giving permissions by what is contained in each individual file is more costly but, a lot more secure. It also allows the company to monitor the data sent less as each document is given its own set of roles. Scenario 5: (RBAC) Role Based Access Control. With RBAC in place the security measures would be assigned to each user and monitored by the security administrator(s). Using this......

Words: 295 - Pages: 2

Free Essay

Psychology A2 Aqa

...attitudes to food will affect their children's attitudes to them. Children also learn what to eat by watching their parents. This can be explained by social learning theory. This occurs when children observe their parents eating. In this sense, the parents act as eating role models. Observing parents getting rewarded by enjoying eating certain foods, the children learn to imitate these food preferences as they expect to receive similar rewards by doing so. This theory would therefore argue that children should show similar preferences as their parents having learned these preferences from them through a process of vicarious learning. There is a great deal of research support the SLT. For example, Brown and Ogden found consistent correlations between parents and their children in terms of snack food intake, eating motivations and body dissatisfaction. These findings show that observation in childhood in the home is a significant factor in determining eating behaviour and so parental attitudes and behaviour is therefore an essential part of the social learning process of food choice and eating behaviour. However, it can be argued that the majority of eating behaviour can be learned alternative role models than just our parents. Meyer and Gast surveyed 10 - 12 year old girls and boys, and found a significant positive correlation between peer influence and disordered eating, especially when the ‘likeability’ of the peer was taken into account. This means that children......

Words: 6669 - Pages: 27

Premium Essay

Law Aqa

...observations * Visit to a prison * Visit to young offenders’ institution * Visit to probation service facility * After completion can start to sit in court * New magistrate then develops in role * After a year receives consolidation training * Normally for two days equivalent * Includes training on law procedures and skills * Best way to learn is from experience in court * All new magistrates given a mentor - especially trained magistrates * In first year have at least 6 sessions with mentor * After 2 years opportunities to specialize * Youth court or Family Proceedings Court * Can undertake training to become chairman of bench * Also new legislation training or sentencing policy * Materials include: Adult Bench Book, Family Bench Book, Youth Bench Book & a New Magistrates Workbook Past exam question * January 2013 * 1 7 Outline the qualifications for appointment as a lay magistrate. Briefly explain the training undertaken by a lay magistrate following appointment. (10 marks) * We are going to answer the second half of this question * Understand how an appointed lay magistrate is trained (grade E) * Explain the different levels of training and why each is appropriate (grade C) * Justify how effective the training is for lay magistrates (grade A) What content did they guide you to cover? * Potential Content * (A) Brief......

Words: 394 - Pages: 2

Premium Essay

As Law Paer 2 Model Answers

...AS LAW MODEL ANSWERS Define the actus reus of a crime (7 mins) The actus reus is the physical and external part of a crime. It means the guilty act. The actus reus must be a positive and voluntary act as illustrated in the case of Hill vs Baxter. In this case the judge said that driving whilst fighting off a swarm of bees would prevent the act from being voluntary, therefore preventing the actus reus from being satisfied. If the actus reus of a crime is not satisfied the defendant can never be found guilty. However there are six situations where a failure to act (omission) will satisfy the actus reus of a crime. These are exceptions to the rule in Hill v Baxter that the act committed must be positive. A person will have a duty to act if they assume the duty voluntarily, as illustrated in Stone v Dobinson, where the defendants failed to provide adequate care for their aunt when they said they would look after her. Pittwood illustrates that a contract can require a person to act, in this case the defendant failed to shut a gate, causing death, which he was required to under contract. In Miller the defendant created a dangerous situation and satisfied the actus reus of a crime as he did not take any steps to extinguish a fire which he created. In Dytham the policeman held an official position, which required him to act, therefore he was guilty of misconduct when he failed to act while someone got kicked to death. Gibbins v Proctor illustrates that parents have a......

Words: 1220 - Pages: 5

Premium Essay

Ls311 – Business Law Unit 3 Case Study

... Running head: Double Jeopardy Unit 3: Case Study NAME LS311 – Business Law Prof. SNAME Case Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is he right or wrong? Armington is incorrect. Double Jeopardy is being tried for the same crime twice (Miller & Jentz, 2008). In this case Armington was tried and convicted of the crime, however the civil tort suit is something that is completely different then the armed robbery conviction, therefore this would not fall under double jeopardy. Regardless of the outcome of the criminal trial, the victim can bring a civil suit against Armington to recover any losses or damages. Armington can also be charged federally for civil rights violations for the same crime because assault and battery took place; he cannot claim double jeopardy for that either. Since Jennings was injured in the crime, he has the right to pursue a civil case for damages incurred from the injury. This can include medical bills, time off work, even mental or depression issues stemming from the incident. Armington’s rights have not been violated because these...

Words: 307 - Pages: 2