9084_s26_ms_12 — 2026 May-June Law 9084 Mark Scheme 1 Variant 2 · Cambridge CAIE AS & A Level

Confusing JAC with Law Commission

“Some candidates confused the role of the Judicial Appointments Commission with the Law Commission, discussing law reform when the question asked about judicial selection.”— 9084 Paper 1, May/June 2023

How to fix: JAC (Judicial Appointments Commission) = selects and recommends candidates for judicial office. Law Commission = reviews areas of law and recommends reforms to Parliament. Completely different bodies with different functions. JAC = people (who becomes a judge). Law Commission = law (what laws need changing).

Court of Appeal believed to use Practice Statement

“A common error was stating that the Court of Appeal can use the Practice Statement 1966 to depart from its own previous decisions. The Practice Statement applies only to the Supreme Court.”— 9084 Paper 1, May/June 2023

How to fix: Practice Statement 1966 = ONLY the Supreme Court (formerly House of Lords) can depart from its own previous decisions. The Court of Appeal uses the exceptions in Young v Bristol Aeroplane (1944) to depart from its own precedents. These are different mechanisms for different courts.

Repeating knowledge from part (a) in part (b) without evaluation

“Candidates who repeated their part (a) answer in part (b) without adding critical analysis or evaluation could not access marks beyond the lowest band.”— 9084 Paper 1, May/June 2023

How to fix: Part (a) = describe/explain the law. Part (b) = EVALUATE/CRITICISE. Do not repeat your (a) answer. Instead: identify strengths and weaknesses, discuss reform proposals, reference academic criticism, compare with alternatives. Part (b) rewards critical thinking, not repetition.