Paper 2 Section B Flashcards
Which of the following is an example of ‘discrimination’?
[1 mark]
Shade in the one correct answer.
A When you do not like someone and ignore them.
B When someone is verbally abused.
C When a person does not get a job because of their religion.
D When one person passes their driving test but another person, from a
different background, fails their driving test.
Which of the following is an example of ‘discrimination’?
Correct response – C
AO1 = 1
Which two of the following statements most accurately explain the term ‘equality’?
[2 marks]
Shade in the two correct answers.
A When all students taking a test receive equal marks.
B When all people are given the same opportunities to succeed
regardless of their backgrounds.
C When everyone is subject to the law and are treated the same by the
law.
D When a job is given to a person based upon merit rather than their
background.
E When a bar of chocolate costs the same price in all supermarkets.
F When a cricket match between two schools finishes in a draw
Which 2 of the following statements most accurately explain the term
‘equality’?
Correct response – B and C.
AO1 = 2
Source D
A school’s admission policy
In 2015, parents in Surrey began a protest against the proposed change in a local
secondary school’s admissions policy because they believed they were being
discriminated against.
The school wanted to offer priority places to five named feeder schools. The
objectors wrote to the school and said parents of children who went to other
primaries would be ‘behind in the queue’ even if they lived closer to the school.
However, the school ignored the objectors and adopted a new admissions policy in
the September of that year.
Discuss two ways, not mentioned in Source D, in which parents could challenge a
school’s admission policy.
[4 marks]
Indicative content
The candidate answer requires the application of knowledge regarding
the ways in which the parents in Source D could have challenged the
school’s admission policy successfully. The candidate needs to identify
from the source that the ‘objectors’ wrote to the school to object to the
admissions policy – this could have been by letter or email. Therefore the
alternative ways the candidate needs to discuss could include the
following:
• Seeking publicity via the media
• Organising a petition
• Taking the school to a tribunal
• Seeking support from the NUT
• Appealing to the school governors
• Seeking election as a school governor to change the school’s
admission policy
• If an academy they could appeal to the academy trust
• Lobbying the regional commissioner for schools
• Contacting an MP.
Award a maximum of two marks for each clear discussion of a way
parents could successfully challenge a school’s admission policy.
Award a maximum of one mark for each limited discussion of a way
parents could successfully challenge a school’s admission policy.
AO2 = 4
What does the term ‘ECHR’ stand for?
[1 mark]
Shade in the one correct answer.
A The European Council on Human Rights
B The European Convention on Human Rights
C The European Commission on Human Rights
D The European Charter on Human Rights
What does the term ‘ECHR’ stand for?
Correct response – B
AO1 = 1
Identify two functions of international law in conflict situations.
[2 marks]
• To protect victims of conflict e.g.
• Prisoners of war
• Civilians
• Sick and wounded.
• The rules of war – including the situations under which military action
can be taken.
• To prosecute people guilty of ‘war crimes
Source E
Universal Human Rights
In practice many people do not have their human rights protected.
In Syria many people do not have their right to life protected.
The behaviour of Islamic State (IS) towards the Yazidi minority has also highlighted
the continued existence of slavery.
Consider the situation described in Source E and discuss two reasons why UK
citizens do have their human rights protected.
[4 marks]
The candidate answer requires the application of knowledge regarding
the reasons why the citizens of certain countries do not have their human
rights protected and the citizens of other countries do have their human
rights protected. The candidate needs to identify that the source
discusses citizens in Syria and those living in IS (Islamic State) controlled
areas as not having their human rights protected.
This should lead to the candidate comparing these situations described in
the source to that in the UK. This could include a discussion of:
• Syrian citizens not having their human rights protected due to the
civil war which the country has been fighting. In contrast the UK
has enjoyed a prolonged period of peace since 1945.
• Those areas which were controlled by IS in which many
individuals did not have their human rights protected due to
discrimination. In contrast in the UK human rights are enjoyed by
UK citizens due to the rule of law and a history of civil liberties
being ‘enshrined’ in British political culture.
• If answer only mentions Human Rights Act (HRA) award one
mark only.
Award a maximum of two marks for each clear discussion of a reason
why UK citizens have their human rights protected. Reference to source
required to gain 2 marks for discussion of a reason.
Award a maximum of one mark for each limited discussion of a reason
why UK citizens have their human rights protected.
AO2 = 4
Source F box The role of the citizen within the legal system A – Member of a Jury B – Member of a tribunal C – Special constable D – Magistrate 0 8 . 1 Which role in Source F can result in a fine of £1,000 if a citizen refuses to carry it out? [1 mark] Shade in the one correct answer. A B C D 0 8 . 2 Which role in Source F involves dealing with a complaint relating to an employment contract? [1 mark] Shade in the one correct answer. A B C D
1) a
2) b
0 8 . 3 Name two roles carried out by Police and Crime Commissioners.
[2 marks]
- To meet the public and listen to their views about policing
- To produce a police and crime plan
- Set out policing priorities
- Control of the police budget
- To appoint and dismiss the chief constable
- To oversee the police
Source G
Localism Act 2011 – ‘Assets of Community Value’
The Campaign for Real Ale (CAMRA) enjoyed success when the Localism Act 2011
was passed. This Act gave more protection to pubs so that they could not be
demolished or converted into shops or other businesses without planning
permission. People are now given a say to avoid the injustice of having ‘no voice’
in the loss of what some see as a vital social hub.
This was a victory for the group, who had lobbied for greater government support
for pubs in order to reverse the rise in pub closures. CAMRA has enjoyed a close
working relationship with governments of all political persuasions, and in particular,
with the Department for Communities and Local Government.
Referring to Source G, consider two reasons why citizens may be unsuccessful in
their fight against injustice.
[4 marks]
Indicative content
The candidate answer requires the application of knowledge regarding
the reasons why UK citizens may be successful in fighting an injustice.
With regard to the source, the candidate needs to identify why CAMRA
were successful in fighting an injustice – this could include being a long
established pressure group, having public support, a close working
relationship with government (insider status) & cross-party support. The
candidate is then required to discuss reasons why citizens may be
unsuccessful in this objective.
The reasons could include:
• Not being well-organised
• Promoting a divisive or controversial issue
• Using tactics disapproved of by government
• Due to other factors – such as limited resources (money,
membership, etc.)
Award a maximum of two marks for each clear discussion of a reason
why citizens may be unsuccessful in their fight against an injustice.
Reference to source G is required to gain 2 marks for a consideration of a
reason.
Award a maximum of one mark for each limited discussion of a reason
why citizens may be unsuccessful in their fight against an injustice.
AO2 = 4
What is ‘identity theft’?
[1 mark]
Shade in the one correct answer.
A The loss of rights which happens to someone who is sent to prison.
B The loss of citizenship suffered by someone who is deported.
C Where a woman uses her husband’s surname after they marry.
D Using another person’s name and personal information in order to
obtain credit and loans.
What is ‘identity theft’?
Correct response – D
AO1 = 1
‘Rehabilitation is the most effective way of dealing with criminals and their crimes.’
Considering a range of views, to what extent do you agree or disagree with this
statement?
[8 marks]
Points which may be raised in agreement with the statement could
include rehabilitation:
• Is the most effective way to reduce recidivism (lower reoffending
rates)
• Enables offenders to make a positive contribution to society
• Allows for restorative justice, which is beneficial to the victim of
crime, society and the offender
• Creates law abiding citizens
• Is a cost effective way to tackle criminal behaviour
• May be more effective than custodial sentences due to prisons
potentially being a ‘university of crime’.
Points which may be raised in disagreement with the statement could
include:
• The victims of crime and society in general, have a legitimate
need for retribution
• The need to protect the public may mean some dangerous
criminals cannot be released
• Punishment can act as both an individual and general deterrent
• Offenders might pretend to want to change in order to gain access
to rehabilitation programmes and the possibility of a reduced
sentence
• The behaviour management programmes around which
rehabilitation may be based may only be effective in prison and
not outside of prison.
Define the term ‘judicial review’.
Award one mark for an accurate definition of the term ‘judicial review’
where a judge reviews the lawfulness of a decision or action made by
a public body or a court.
‘The UK courts are a very effective means by which the citizen can hold those in
power to account.’
Considering a range of views, to what extent do you agree or disagree with this
statement?
In your answer you should consider:
• how citizens working together can hold those in positions of power to account
using the justice system
• the relationship between the judiciary and government.
[8 marks]
Points which may be raised in agreement with the statement could
include the courts:
• Via judicial review, may challenge government decisions, or law
made by delegated legislation, which can be declared ultra vires
(going beyond their legal powers)
• May declare a law to be incompatible with the Human Rights Act
(1998) and issue a certificate of non-compliance
• May make a decision which is at variance with government policy
in order to highlight inconsistencies or to prompt the government
to legislate
• Can be show by case studies (e.g. the Hillsborough disaster
campaign, the ‘Bedroom Tax’ campaign and the case involving
‘Brexit’ and Article 50, brought by Gina Miller in 2016) to be
effective in doing this.
Points which may be raised in disagreement with the statement could
include:
• Parliamentary sovereignty means that power ultimately lies with
the politicians
• The appointment process tends to produce ‘compliant’ judges
• Judges tend to come from social elites who will produce
judgements that defend the status quo
• Judges can suffer from attacks from the media (e.g. The Daily
Mail’s “Enemies of the People” November 2016 headline) which
may weaken their credibility in the eyes of the public
• Judges are reliant upon the Lord Chancellor (a prime ministerial
appointee) to defend their judicial independence
• Not all citizens have equal access to the court due to financial and
cultural capital issues
• Tribunals and Ombudsmen can prove to be more effective means
to hold those in power to account for the average citizen – in terms
of cost and time.
In which of the following Courts would a murder trial take place? Shade in the one correct answer. [1 mark] A Family Court B Magistrates’ Court C County Court D Crown Court
D
Which two of the following are examples of methods of Alternative Dispute Resolution? Shade in the two correct answers. [2 marks] A Imposition B Mediation C Arbitration D Restoration
B AND C
Source D
Differing legal systems
In the fictional country of Eastland judges are elected by the citizens, who must be
21 or over to vote. All citizens are expected to vote in all elections. If a citizen does
not vote they will be fined £1000.
Judges hear cases in court. For serious crimes, such as murder, they will decide
both the guilt of the accused and the sentence to be passed if the accused is found
guilty.
Using Source D, discuss two reasons why the UK legal system is different to the
legal system in Eastland.
[4 marks]
SOurce - • Judges are elected
UK - Judges are appointed – trained in the law
• You need to be 21 or over to
vote.
In the UK it is 18
• Voting is compulsory (£1000
fine).
In the UK voting is not
compulsory
• The judge decides both the guilt and sentence of the accused The judge only decides the sentence of the accused. The jury decides the guilt of the accused
What does TUC stand for? Shade in the one correct answer. [1 mark] A Trades Union Convention B Trades Union Congress C Trades Union Charter D Trades Union Council
B
Identify two roles of trade unions.
[2 marks]
• negotiate on behalf of their member’s pay and conditions
• support members in disciplinary and grievance meetings
• consult with employers in regard to major workplace changes, eg
redundancies
• support legal test cases on behalf of members.
• to protect their member’s rights.
Source E
The 2016 junior doctors’ strike
In 2016 junior doctors went on strike over proposed changes to their working
conditions. Approximately 50% of all junior doctors voted in favour of going on
strike.
It has been claimed that this strike had a negative impact upon patient care. During
the strike an estimated 294 844 hospital appointments were cancelled and there
was a significant drop in Accident and Emergency admissions.
With reference to Source E, discuss two reasons why a government may attempt to
restrict the actions of trade unions.
[4 marks]
Indicative content
The candidate answer requires the application of knowledge regarding
the reasons why a government may attempt to restrict the actions of trade
union drawn from the source. These reasons may include:
• no clear mandate amongst a trade union’s membership for strike action
• the risk of ‘damage’ to those groups dependent upon the trade union’s
membership’s services
• disruption to public services.
AO2 = 4
Identify two examples of a non-custodial sentence.
[2 marks]
Award 1 mark for each correctly identified non-custodial sentence such as: fines; community service; ancillary orders; or discharge
Source G
Purposes of sentencing
A drug dealer was found guilty of possession with intent to supply heroin,
possession with intent to supply cocaine and possession of cannabis. He was
sentenced to three years in prison.
The judge was very clear in what the purpose of this sentence was. He said that
“this is a warning to anyone involved in dealing drugs that the legal system is
committed to using all the powers it has to tackle this social problem.”
With reference to Source G, discuss two further purposes of sentencing a drug
dealer.
[4 marks]
Indicative content
The candidate answer requires the application of knowledge regarding
the purposes of sentencing not referred to in Source G. The purpose of
sentencing referred to in Source G was deterrence.
Therefore the candidate needed to consider two purposes of sentencing
from the following:
• punishment
• rehabilitation
• protection of the public
• reparations.
Reference to Source G could be in terms of the following:
• punishment for the harm caused by drug dealing
• rehabilitation of the offender so that they stop dealing drugs
• protection of the public by imprisoning a drug dealer
• reparations in terms of the seizure of property or money of a drug
dealer which are the proceeds of their illegal behaviour.
How many countries have signed the United Nations’ Universal Declaration of Human Rights? Shade in the one correct answer. [1 mark] A 28 B 53 C 161 D 192
D
‘Universal human rights are not protected effectively.’
Examine the case for or against this statement.
[8 marks]
Indicative content
Points which may be raised in agreement with the statement could
include:
• the continued violation of human rights around the globe, eg Syria, etc
• the tendency for countries to sign up to international agreements but
fail to fulfil their commitments to them
• the difficulty in bringing prosecutions for human rights violations – issue
of gathering evidence, identifying and arresting suspects, length of
trials and limited ability to ‘deliver justice’
• the reluctance of certain countries to allow their military to be subject to
the ICC eg the USA
• restrictions placed upon individual human rights often ‘disguised’ by
governments who claim to be acting in the national interest due to
national security concerns.
Points which may be raised in disagreement with the statement could
include:
• a discussion of the international agreements concerned with the
protection of universal human rights: the UN Universal Declaration on
Human Rights; the European Convention on Human Rights; and the
UN Convention on the Rights of the Child
• a discussion of the UK’s Human Rights Act
• a discussion of the Hague Convention and Geneva Conventions
• the role of the courts in protecting universal human rights and enforcing
these various agreements and pieces of legislation, eg the ICC.
AO3 = 8
Explain the term ‘advocacy’.
[1 mark]
Explain the term ‘advocacy’.
Award 1 mark for an accurate explanation of the term ‘advocacy’ as the
public support or representation for a person, organisation, particular
cause or policy.
Also accept to speak or advocate for the rights of those less able to speak
for themselves such as people with a learning disability.
AO1 = 1
‘Voluntary groups are a very effective means by which the citizen can bring about
change in their community.’
Considering a range of views, to what extent do you agree or disagree with this
statement?
In your answer you should consider:
• how voluntary groups support citizens to bring about change in their communities
• how public services and local government bring about change in the community.
[8 marks]
Points which may be raised in agreement with the statement could
include:
• voluntary organisations aid government by providing services which the
government may otherwise be unable to deliver due to issues of
finance or limited demand
• voluntary organisations are very effective at addressing localised
demand for certain services or actions rather than a ‘one size fits all’
approach often adopted by government
• voluntary organisations provide a wide range of participation
opportunities for citizens regardless of particular skills or experience
• voluntary organisations provide an additional means for citizens to hold
those in power to account by allowing them to join forces with likeminded individuals in pursuit of a common cause.
Points which may be raised in disagreement with the statement could
include the arguments that in contrast to public services and local
government voluntary organisations:
• cannot necessarily provide effective services due to insufficient
numbers of volunteers or insufficient numbers of appropriately skilled or
qualified volunteers
• may suffer from being poorly funded and subsequently constrained in
their effectiveness
• are not necessarily democratically run or structured organisations
• allow central government to avoid delivering some services by leaving it
to the voluntary sector to provide these services instead.
Which one of the following represents a citizen in court? [1 mark] A Barrister B Judge C Juror D Magistrat
A
Identify two legal entitlements UK citizens gain at 16. The right to… [2 marks] A adopt a child B get a tattoo C have a Facebook account D join the armed forces E marry with parental consent F take a driving test.
D AND E
Source D box
Criminal law
In criminal law the Crown Prosecution Service (CPS) decides whether or not to
bring a case to court and put the defendant on trial.
During the trial the defendant is presumed innocent until proven guilty. This means
the prosecution must prove that the defendant is guilty beyond reasonable doubt.
The defendant will be found guilty or not guilty. If the defendant is found guilty they
will be punished with either a non-custodial or custodial sentence.
With reference to Source D, describe two ways civil law differs from criminal law in
the UK.
[4 marks]
CRIMINAL LAW - Case brought to court by the Crown Prosecution Service (CPS) CIVIAL LAW -Case brought to court by an individual or group/organisation.
• The burden of proof lies with the prosecution. The accused is innocent until proven guilty. The burden of proof lies with the claimant who must give proof of their claim.
• The standard of proof needed, to find the accused guilty, is beyond reasonable doubt. The standard of proof needed, to find the defendant liable, is preponderance of evidence or balance of probabilities.
• The decision is either guilty or
not guilty.
The decision is either liable or
not liable
• The punishment, if found guilty, is either a non-custodial sentence or custodial sentence The punishment, if found liable, is damages, compensation or an injunction
Which of the following can decide the verdict in a Youth Court? box [1 mark] A Jury B Three Magistrates C Youth Justice Board D Youth Offending Team
B
Identify two citizens’ rights considered to have been established by the Magna Carta.
[2 marks]
- trial by jury
- a fair trial
- not be arrested without a reason
- equal treatment by the law
- own property
- inherit property
Source E box
Strategies to reduce knife crime
One strategy to reduce the rise in knife crime in London has been to set up the
Violent Crime Taskforce. The taskforce will provide extra police officers to
investigate knife crime.
Another strategy used has been community engagement work to encourage gang
members to stop being involved with gangs.
As one former gang member said: “To fit in you had to do certain things. So I
started carrying a knife when I was 12, because everyone did.”
Describe how two strategies, not mentioned in Source E, could be used to reduce
knife crime.
[4 marks]
STRATECGY - Increased prison sentences for
knife crimes.
IMPACT ON REDUCING KNIFE CRIME - Would deter people from carrying knives
• Increased police powers to stop and search people suspected of carrying knives. Would find knives before they were used to commit crimes.
• An increase in the use of a
knife amnesty.
Would mean that fewer knives
were “on the streets.”
• An increase in funding for youth clubs to keep teenagers “off the streets.” Would reduce the risk of their involvement in knife crime
• A reduction in the number of exclusions from schools. Would reduce the number of teenagers who might become gang members
Name two international courts.
[2 marks
• European Court of Human Rights
• International Criminal Court (ICC)
Also accept International Court of Justice (also known as the ‘World
Court’) and Permanent Court of Arbitration as correct answers
Source G box
Conflict situations
During the course of a conflict the following may occur:
• child soldiers may be conscripted
• prisoners of war may be killed
• land mines may be laid
• cluster bombs may be dropped• Protection provided by International Humanitarian Law (IHL) to victims
of conflict eg the Hague Convention and Geneva Conventions
• The role of the International Criminal Court (ICC) in prosecuting war
criminals
• Minimising the role of arms dealers
• Reduction in arms sales
• UN peacekeeping forces
• those responsible may be left unpunished.
With reference to Source G, discuss how victims of conflict could be protected.
[4 marks]
Name the country where a sheriff hears a court case. box [1 mark] A England B Northern Ireland C Scotland D Wales
C
‘The advantages of the jury system outweigh the disadvantages.’
Examine this statement.
[8 marks]
Points which may be included to argue that the jury system has more
advantages than disadvantages:
• Public confidence in the criminal justice system as a result of being
tried by your fellow citizens
• Jury judgements being based on ‘fairness’ rather than precedent – jury
equity
• The secrecy of the jury room means that jurors can make decisions
free from outside pressures
• The selection of juries – qualifications and vetting – ensures jurors are competent to perform their role
• Jury service being an important duty performed by citizens helping to
protect both the rights of the defendant and to ensure justice is done
• Jury service ensures citizen participation in the legal system which
helps to underpin Britain’s democratic society
Points which may be included to argue that the jury system has more
disadvantages than advantages:
• Juries being capable of making perverse decisions as well as fair ones
(where their verdict is based upon emotional, inflammatory or
immaterial considerations, or an obvious prejudgment with no attempt
to be fair)
• The secrecy of the jury room means that the jury does not have to
justify their verdict
• Juror competence – a lack of training and understanding of the law –
can be a problem in complex trials (eg fraud trials)
• Jurors are potentially vulnerable to ‘nobbling’ (the actual or attempted
influence of jurors through intimidation or inducement)
• Media coverage, especially in high profile cases, can sway jurors
• Jurors can suffer from bias, especially racist or sexist assumptions
about defendants or witnesses
• The jury system places an additional cost upon the taxpayer.
Define the term ‘aggravating circumstances’ when used in a criminal case
[1 mark]
Define the term ‘aggravating circumstances’ when used in a criminal
case.
Award 1 mark for an accurate explanation of the term aggravating
circumstances as a factor that makes a crime more serious.
Also award 1 mark if term defined through an example.
Maximum 1 mark
AO1 = 1
‘UK law should be made by MPs, not by judges.’
To what extent do you agree with this statement?
In your answer you should consider:
• the role and powers of the judiciary
• the roles and powers of Parliament/MPs
• the legislative process.
[8 marks]
Points which may include reasons why UK law should be made by MPs
not judges:
• MPs are the elected and accountable representatives of the citizens
and therefore their decisions reflect the ‘will of the people’
• Judges are unelected and can’t be held to account for their decisions
by citizens
• MPs are more socially representative of contemporary British society
than socially ‘elite’ judges
• The legislative process in parliament ensures expert opinions are
listened to when passing law – for example the House of Lords and
relevant pressure groups and experts who appear before parliamentary
committees
• Parliamentary sovereignty means that laws can be changed, or
replaced quickly to deal with crises or changing circumstances
• The Scottish Parliament, elected by voters living in Scotland, has the
power to pass legislation which reflects the specific needs and interests
of citizens living in Scotland
Points which may include reasons why UK law should be made by judges
not MPs:
• Judges are legal experts with the necessary training and expertise in
the legal profession to be effective law-makers
• Recent judicial appointments are making the judiciary more socially
representative
• Judicial precedent ensures consistency and fairness in the decisions
made by the justice system
• Judicial neutrality and independence help to avoid legal decisions being
made under political or media pressure
• The current balance between laws made by parliament (legislation) and
judges (common law) works well – ensuring the law reflects the needs
and wishes of contemporary British society
• Parliament can pass new legislation to nullify (replace) any common
law resulting from decisions made by a judge it disapproves of.
