Why Students Lose Marks In Application — And How To Fix It Fast (AS Level Law)
Why Application (AO2) Decides Your Grade
- AO2 is the single most important skill in AS Law.
- AO2 = applying law to facts.
- AO2 is where A* students separate from A/B/C students.
- Students often know rules and cases (AO1), but fail to connect them to the scenario.
- Application errors lead to huge mark drops even when definitions are perfect.
- Examiners repeatedly comment that “candidates stated law but did not apply it to the facts.”
- Fixing AO2 mistakes instantly increases exam scores by 15–25 marks.
Why Students Lose Marks in Application
1. They State Law and Stop
- Students write:
- “Theft requires appropriation, property, belonging to another…”
- And then move on.
- Examiner gives 1–2 marks only.
- AO2 demands linking every element to scenario facts.
2. They Rewrite the Scenario
- Students retell the story instead of analysing it.
- “John went into the shop and picked up the phone…”
- Examiner already knows this.
- This earns zero marks.
3. They Use Vague Application
Examples of vague writing:
- “This might be theft.”
- “He probably intended it.”
- “Force could be established.”
- Vague words = vague marks.
4. They Don’t Use Names
- They write “the defendant” instead of the scenario name (e.g., Ahmed, Sara).
- Using names proves direct engagement with the scenario.
- Examiners award better AO2 for personalised analysis.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Free Material
5. They Don’t Break Down Elements
- Theft = six elements.
- Robbery = two stages (theft + force).
- Burglary = different elements for s9(1)(a) and s9(1)(b).
- Students mix elements → poor AO2 structure.
6. They Use Wrong Cases
Examples:
- Using Donoghue, Caparo, Blyth, or tort cases in AS Law.
- Completely irrelevant.
- Examiner gives zero.
7. They Over-Apply (Essays Instead of Analysis)
- Students write long paragraphs.
- They try to “sound smart.”
- Examiner wants short, targeted lines.
- More writing = more mistakes.
8. They Forget the Conclusion
- Every element needs a mini-conclusion:
- “Therefore, appropriation is likely established.”
- “Therefore, force was used.”
- Without these, AO2 is incomplete.
9. They Don’t Use Statutory Sections
For property offences:
- Theft Act 1968 ss1–7
- Robbery s8
- Burglary s9
- Criminal Damage Act 1971 ss1–5
- Fraud Act 2006 ss2–4, s11
Without statute references, AO2 loses precision.
10. They Forget Mens Rea
- Students analyse actus reus only.
- Theft = ITPD + dishonesty.
- Robbery = MR of theft + intention/recklessness for force.
- Burglary under s9(1)(a) requires intent at entry.
- Missing mens rea = incomplete analysis → lost marks.
11. They Don’t Apply the Dishonesty Test Properly
- Students still use Ghosh instead of Ivey.
- A* students write:
- “Dishonesty determined by objective standards of ordinary honest people (Ivey).”
- “Here, ordinary people would view Ahmed’s conduct as dishonest because…”
12. They Don’t Understand When to Use Which Case
Examples:
- Roberts = victim escape foreseeability, not for property offences.
- Pagett = third-party acts, not for theft.
- Blaue = thin skull, only for criminal causation.
- Using wrong case instantly loses AO2 marks.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Free Material
What A Application Really Looks Like*
A Application Has 4 Features*
- Specific
- Short
- Legal
- Linked to facts
Example (Theft, Appropriation):
- “Under s3, appropriation is any assumption of owner’s rights. Here, Ahmed took the phone from the display and switched SIM cards, which is an assumption of rights. Therefore, appropriation is established.”
Notice:
- Law stated
- Facts applied
- Name used
- Mini conclusion added
This earns full AO2.
A Fix 1: Use the E–R–A–C Method*
Element → Rule → Application → Conclusion
Example for Theft
1. Appropriation
- Element: Appropriation
- Rule: s3 Theft Act 1968; any assumption of rights
- Application: Ahmed switched tags on items
- Conclusion: Appropriation satisfied
2. Property
- Element: Property
- Rule: s4 includes money, goods, intangible rights
- Application: The smartphone is tangible property
- Conclusion: Property element satisfied
3. Belonging to Another
- Element: Belonging to another
- Rule: s5 includes possession/control
- Application: Shop had possession and control
- Conclusion: Element satisfied
4. Dishonesty
- Element: Dishonesty
- Rule: Objective Ivey test
- Application: Ordinary people would view this as dishonest
- Conclusion: Dishonesty likely
5. ITPD
- Element: Intent to permanently deprive
- Rule: s6 includes treating as own
- Application: Ahmed intended to keep the device
- Conclusion: ITPD satisfied
A Fix 2: Apply Every Single Word*
- If question says “violent struggle,” link it to force under s8.
- If question says “entered without permission,” link it to trespass under burglary.
- If question says “threatening message sent,” link it to menaces under blackmail.
- If question says “spray paint washed off,” link it to temporary impairment under criminal damage.
Every word in the scenario is a gift.
A* students use all gifts.
A Fix 3: Use Case Names as Tools, Not Decoration*
For criminal causation:
- White → but-for
- Roberts → foreseeable escape
- Pagett → third-party intervention
- Blaue → thin skull
Examples:
- “V’s panic was foreseeable, so chain remains intact (Roberts).”
- “Police response was foreseeable; chain not broken (Pagett).”
Each case = 1 line.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Free Material
A Fix 4: Stop Writing Like English Essays*
Students write:
- “In my opinion…”
- “This shows that the defendant…”
- “As we can see from the facts…”
Examiners hate this.
A* writing is:
- Clinical
- Legal
- Factual
- Minimal
Examples of strong transitions:
- “Here,”
- “Therefore,”
- “This indicates,”
- “On these facts,”
A Fix 5: Write in Legal Verbs*
Use:
- “Establishes”
- “Satisfies”
- “Indicates”
- “Demonstrates”
- “Clarifies”
- “Constitutes”
- “Amounts to”
Avoid:
- “Shows”
- “Seems”
- “Looks like”
- “Kind of”
- “A little bit like”
Legal verbs increase credibility and marks.
A Fix 6: Use Micro-Application Lines*
Examples:
Burglary (Entry):
- “Ryan’s shoulder entering is enough for effective entry.”
Robbery (Force):
- “Dawson & James confirms minor force is sufficient; pushing meets this.”
Theft (Belonging):
- “The store retained possession; property element is satisfied.”
Mens rea (Recklessness):
- “D was aware of the risk but continued; thus meets R v G standard.”
Micro-lines = high-density marks.
A Fix 7: Use Opposite Outcomes When Needed*
Example:
- “Unlike Blaue, here the victim’s action was unreasonable, suggesting chain may break.”
Showing contrast proves depth.
A Fix 8: Treat Each Offence Like a Checkpoint List*
Theft Checkpoints
- Appropriation
- Property
- Belonging
- Dishonesty
- ITPD
Robbery Checkpoints
- Theft
- Force
- Force immediately before/at the time
- Force in order to steal
Burglary Checkpoints
- Entry
- Trespass
- Intent at entry (s9(1)(a))
- Theft/GBH inside (s9(1)(b))
Criminal Damage Checkpoints
- Destroy/damage
- Property
- Belongs to another
- Intention or recklessness
- Lawful excuse
Fraud Checkpoints
Depends on section:
- False representation?
- Failure to disclose?
- Abuse of position?
- Dishonesty?
- Intent to make gain or cause loss?
A* students tick each box quickly.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Free Material
A Fix 9: Build the Habit of MIRAC*
MIRAC = Mini IRACs for each element.
Instead of one giant IRAC, do:
- IRAC for appropriation
- IRAC for property
- IRAC for belonging
- IRAC for dishonesty
- IRAC for ITPD
This stops robotic writing and massively strengthens AO2.
A Fix 10: Apply Mens Rea Separately*
Students often mix MR + AR.
Example for robbery:
- “Force was used by pushing (AR). Ahmed intended the push to remove resistance (MR).”
Two elements → two separate applications.
That is A* writing.
A Fix 11: Tie Every Sentence to a Legal Point*
Wrong:
- “Ahmed went into the store and looked around.”
Right: - “Ahmed entered the store; entry is relevant to burglary analysis.”
Every sentence must achieve something.
No sentence should restate story.
A Fix 12: Understand the Purpose of Application*
Application answers the examiner’s invisible question:
- “How do THESE facts satisfy THIS legal rule?”
If every line answers this → A* secured.
Final A Application Checklist*
- Uses names from scenario
- Short lines
- Strong legal verbs
- No retelling
- No filler
- One case per point
- Statute sections added
- Mini-conclusions present
- MIRAC structure
- Clear AR + MR division
- Offence elements treated as checkpoints
- Every sentence tied to law
- No tort/contract content
- No irrelevant cases
- Crisp, sharp AO2
