If you were sentencing Jo, which two penal theories would you regard as most important? Which type(s) of criminal sanction might you use? (45 marks) Advice on question 1 This question requires you to apply the knowledge of penal theories that you gained from your study of Unit 18. You should write your answer as a structured essay, making sure that it deals with both parts of the question. In the first part of the question, you should identify and explain all the penal theories which might apply: there are likely to be more than two. In the second part of the question, you should identify which two theories you consider most important in Jos case, and identify the criminal sanction(s) which might be most appropriate to use in order to achieve these. Explain why you have chosen these: you should ensure that you give full reasons, in your own words and based on recognised penal theory, for all the views that you express. Guidance on structuring an answer to an essay question is given in the OU Law School Undergraduate Assessment Guide. Question 2 Keith was driving along a busy street in the town centre; as the traffic was moving quite slowly, he tried to find his favourite music playlist on his phone. He knocked the phone off the dashboard and reached across the car to try to find it. While he was distracted, he failed to notice that Layla had stepped out onto a pedestrian crossing. Keiths car hit Layla, breaking her leg and running over the shopping she had just bought. She required surgery and had to take two months off work because of her injuries, and her doctors are concerned that she may need a further operation in future. Her shopping, which included several expensive birthday gifts, was badly damaged. Keith was uninjured. Identify the civil claim which is available to Layla, and explain which facts she must prove to be successful in her claim and to what standard she must prove them. State whether you think her claim is likely to succeed. Explain the categories of damages she may be awarded, and any other facts that may affect the amount of money she gets. (45 marks) advice on Question 2 You should refer to Units 14, 15 and 17 to help you answer this question. This is a problem-style question and you should structure it appropriately. You may use either the three-part structure that is outlined in section 3.2.3 of the OU Law School Undergraduate Assessment Guide or the IRAC structure that is outlined in Unit 10. You are expected to discuss whether each element of the civil claim that Layla may bring would be met, and to reach a conclusion on its likely success. You must also identify the categories of damages that she may be awarded. You should not attempt to estimate the amount of compensation, and you should not consider any criminal liability of either party, or any claims that Keith may make. Question 3 a.Identify three skills that you have developed during your study of W101. b.Explain how you could apply any one of these skills in a workplace. (10 marks) advice on Question 3 Part a encourages you to identify three skills that you have learned during your study of W101. You should be as specific as the word count allows, and the skills that you identify may cover areas other than studying. Part b requires you to think how one of the skills you have identified could be useful in the workplace. If you are employed at the moment, you can relate the skill to your present job, but it is equally acceptable to think about how the skill might relate to work that you hope or plan to do in the future. As in your answer to part a, you should be as specific as the word count allows. This type of self-reflection, which helps you to assess your employability, forms part of your Personal Development Planning.
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