CAPE Law Syllabus Overview: Unit 1 Public Law & Unit 2 Private Law

UNIT 1: PUBLIC LAW

  • Structure: CAPE Law comprises two Units (Unit 1: Public Law, Unit 2: Private Law). Each Unit contains three Modules; each Module requires 5050 hours. Thus, each Unit totals 150150 hours and Units form discrete certification packages.
  • Units & Modules overview:
    • UNIT 1: PUBLIC LAW
    • MODULE 1: CARIBBEAN LEGAL SYSTEMS
    • MODULE 2: PRINCIPLES OF PUBLIC LAW
    • MODULE 3: CRIMINAL LAW
    • UNIT 2: PRIVATE LAW
    • MODULE 1: LAW OF TORT
    • MODULE 2: LAW OF CONTRACT
    • MODULE 3: REAL PROPERTY
  • Aims (summary):
    • Build knowledge and understanding of legal principles in the Commonwealth Caribbean.
    • Develop legal reasoning and problem-solving skills using recognised sources of law.
    • Foster awareness of the role of law in society and the Rule of Law.
    • Promote critical awareness of Caribbean jurisprudence and rights/enforcement mechanisms.
    • Prepare students for professional/legal-related pathways and 21st-century skills (collaboration, critical thinking, communication).
  • Skills framework:
    • CK (Conceptual Knowledge): recall principles, describe procedures, explain concepts.
    • UK (Use of Knowledge): select/apply facts, apply precedent, analyse information, interpret cases/statutes, deduce themes, draw conclusions from legal research.
  • Prerequisites: completed five years of secondary education; good verbal and written communication skills.
  • Approaches to teaching (guiding principle): collaborative, practical, industry-relevant methods to foster critical thinking.

UNIT 1 MODULE 1: CARIBBEAN LEGAL SYSTEMS

  • General objectives: understand the nature of law, the legal system, and the role of law in changing Commonwealth Caribbean societies; apply legal principles to facts.
  • Content highlights: nature/origin/role of law; sources of law (constitutional, legislation, common law, equity, precedent, customs/conventions); classification of law; structure and operation of courts; roles of legal personnel; ADR; Ombudsman.
  • Suggested activities/resources: research on careers in law; newspaper clippings; ADR material; court/parliament visits; law libraries.
  • Key cases/resources (illustrative): R v Ramsonahai and Duke; Re Niles; various Caribbean cases listed in syllabus.

UNIT 1 MODULE 2: PRINCIPLES OF PUBLIC LAW

  • General objectives: understanding Constitutional Law and Administrative Law principles; applying these principles to facts.
  • Content highlights: constitutional supremacy vs parliamentary sovereignty; Head of State; Parliament; separation of powers and judiciary independence; rule of law; judicial review (locus standi, grounds); grounds for judicial review; remedies (public and private law remedies).
  • Suggested activities/resources: group projects, debates, parliamentary observation, law libraries; recommended texts include works on Caribbean constitutions and administrative/public law.

UNIT 1 MODULE 3: CRIMINAL LAW

  • General objectives: understand criminal liability; apply criminal law principles to solve problems; develop analytical skills using case material and statutes.
  • Content highlights: criminal liability basics (actus reus, mens rea, coincidence, omissions, consequences, specific intent, recklessness, negligence, transferred malice);
    • Offences against the person (murder, manslaughter, assault, cruelty to children, wounding);
    • Sexual offences (child sexual abuse, rape, buggery, incest);
    • Offences against property (theft/larceny, robbery, burglary, criminal damage);
    • Inchoate offences (conspiracy, attempt, incitement);
    • Defences (automatism, insanity, diminished responsibility, provocation, intoxication, self-defence);
    • Sentencing theories and practices (theories, types and young-offender sentencing).
  • Suggested activities/resources: film analysis, moots/debates, case scrapbooks, guest lectures, court visits.

UNIT 2: PRIVATE LAW

UNIT 2 MODULE 1: LAW OF TORT

  • General objectives: understand tort Law and its relationship to other areas of law; know the major torts; apply tort principles to facts.
  • Content highlights: nature of tort; differences from contract/constitutional/criminal law; negligence (duty, breach, damage; remoteness/foreseeability; negligent misstatements);
    • Defamation (elements, defences);
    • Trespass to the person (assault, battery, false imprisonment, malicious prosecution);
    • Nuisance (public/private);
    • Liability for animals; vicarious liability; occupiers’ liability.
  • Suggested activities/resources: guest lectures, role-play, case scrapbooks, field trips to observe courts;
  • Key cases/resources: Bailey, Jones, Kodilinye, Rogers; Caribbean Examinations Council materials.

UNIT 2 MODULE 2: LAW OF CONTRACT

  • General objectives: understand formation and development of contract; understand core contract principles; apply them to factual scenarios.
  • Content highlights: nature of contract; formation rules (offer/acceptance, intention to create legal relations, consideration, capacity);
    • Privity of contract; terms (express/implied; conditions, warranties, innominate terms); exclusion clauses;
    • Misrepresentation (types; effect on contract);
    • Discharge (definition; methods; breach; frustration);
    • Illegality and its effects on contracts.
  • Suggested activities/resources: guest speakers; role play; contract case scrapbooks; law texts on contract.

UNIT 2 MODULE 3: REAL PROPERTY

  • General objectives: understanding real property concepts; acquisition of interests; rights/obligations of owners; apply principles to facts.
  • Content highlights: term ‘real property’; differences with realty/personalty; fixtures and chattels; land ownership (tenure, estates, legal vs equitable interests); concurrent interests (joint tenancy, tenancy-in-common);
    • Leases vs licences; landlord/tenant covenants; remedies for breach;
    • Easements (creation, prescription, extinguishment);
    • Mortgages (mortgagor/mortgagee rights).
  • Suggested activities/resources: discussions; role-play; interviews with mortgage firms; case collections.

OUTLINE OF ASSESSMENT (Unit 1 and Unit 2)

  • External assessment (80%):
    • Paper 01: 45 compulsory MCQ items (one per Module; 15 items per Module) -> total 4545 marks; weight ~30% of total.
    • Paper 02: three extended-response questions (one per Module) -> total 150150 marks; weight ~50%.
  • Internal assessment (20%):
    • Paper 031: School-Based Assessment (SBA) – research paper (~1500 words) on Unit topics; contributes to SBA component.
    • Paper 032: For private candidates; alternative SBA paper.
  • Scoring: combined marks contribute to final CAPE Law grade; SBA moderation by CXC to ensure standard alignment.
  • Key notes: SBA is group-based; topics must align with Unit modules; OSCOLA referencing recommended for sources.

KEY TERMS & GLOSSARY (focus for quick recall)

  • Public Law: law governing relationships between individuals and the state; includes constitutional and administrative law.
  • Private Law: law governing relationships between individuals (e.g., contracts, torts, property).
  • Actus Reus / Mens Rea: physical act and mental intent in criminal liability.
  • Separation of Powers: doctrine allocating legislative, executive, and judicial powers to separate branches.
  • Judicial Review: process by which courts review the legality of government action; grounds include breach of fundamental rights, improper delegation, illegality, irrationality, etc.
  • Tort: civil wrong causing harm (negligence, defamation, nuisance, trespass, etc.).
  • Contract: legally binding agreement; formation, terms, misrepresentation, discharge, illegality.
  • Real Property: land and interests therein; estates, tenures, leases, easements, mortgages.
  • Bare Licence: permission to enter land that can be revoked; no exclusive possession.
  • Privity of contract: only parties to a contract can sue or be sued on it.

KEY ASSESSMENT POINTS (recap for exam days)

  • Know structure of CAPE Law: two Units; three Modules per Unit; 50 hours per Module.
  • Distinguish CK vs UK skill sets and how they are assessed in Paper 01 and Paper 02.
  • Be able to outline and apply core concepts in each Module (Caribbean legal systems, constitutional/administrative law, criminal law; tort, contract, real property).
  • Remember SBA relevance: 1500-word research focus; ensure proper referencing; group work; moderation process.
  • Core procedural knowledge: judicial review grounds; contract formation principles; tort liability principles; property rights and covenants.

SUMMARY OF STRUCTURE IN LA TEX format (quick recall)

  • Each Module requires 5050 hours, Units total 150150 hours each: 2extUnitsimes3extModules/Unitimes50=3002 ext{ Units} imes 3 ext{ Modules/Unit} imes 50 = 300 hours in total across Units.
  • External assessment: Paper 01 (MCQ, 45 items, 9090 marks), Paper 02 (3 questions, 150150 marks).
  • Internal assessment: SBA Papers 031 and 032 totaling 6060 marks; together 20% of final CAPE Law grade.