(EXAM STRUCTURE) - Pearson BTEC Level 3 National Extended
Certificate in Applied Law -Unit 1: Dispute Solving in Civil Law
Section 1: Precedent and its application in the Law of Negligence
1. Describe the key principles of the law of negligence and its relevance to
the case study provided. (10 marks)
Level 3 Pass: In your response, you should demonstrate a clear understanding of
the essential elements of negligence, such as duty of care, breach of duty,
causation, and damages. Explain how these principles apply to the case study given,
and identify the parties involved and their potential legal responsibilities.
Level 3 Distinction: In addition to demonstrating a clear understanding of the key
principles, you should critically analyse the case study, evaluating the complexities
and challenges it presents. Justify why certain legal principles are more relevant than
others, considering different perspectives and possible outcomes.
2. Analyse and discuss the role of precedent in the English legal system
and its significance in resolving civil disputes. (15 marks)
Level 3 Pass: Provide a methodical examination of the concept of precedent,
explaining its role in creating legal certainty and consistency in the English legal
system. Describe how lower courts follow decisions made by higher courts and how
this process contributes to the resolution of civil disputes.
Level 3 Distinction: Go beyond a simple explanation and critically evaluate the
strengths and weaknesses of the doctrine of precedent. Discuss how reliance on
past decisions can sometimes lead to rigidity in the law and hinder its ability to adapt
to changing societal needs. analyse real-life scenarios where the application of
precedent has influenced legal decisions and assess the impact of such decisions on
the development of the law.
3. Apply the relevant precedent(s) to the case study and provide a
reasoned judgment on the possible outcome of the case. (15 marks)
Level 3 Pass: Demonstrate an understanding of how precedent operates by applying
relevant legal precedents to the case study. Explain the similarities and differences
between the precedent cases and the present situation and provide a basic
judgment on the possible outcome of the case.
Level 3 Distinction: Show a deeper understanding of how precedent functions by
considering complex legal precedents and their application to the case study.
Critically evaluate the precedents' relevance to the present situation, considering any
distinguishing factors. Provide a well-reasoned judgment on the most likely outcome,
considering the potential implications of the decision on future cases.
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