England · AQASyllabus
Legal Studies syllabus, dot point by dot point
Every dot point in the England Legal Studiessyllabus, with a focused answer for each one. Click any dot point for a worked explainer, past exam questions, and links to related dot points. Written by Claude Opus 4.8, Anthropic's latest AI.
3.2 Criminal law
Module overview →- What must the prosecution prove to establish criminal liability?Actus reus and mens rea: conduct, consequence and circumstance, omissions, causation, intention and recklessness, transferred malice, and the coincidence of actus reus and mens rea.11 min answer →
- When can a defendant who has committed the actus reus and mens rea still avoid liability?General defences in criminal law: insanity, automatism, intoxication, self-defence and prevention of crime, consent, duress and necessity.12 min answer →
- When does an unlawful killing amount to murder, and when is it reduced to manslaughter?Fatal offences: the actus reus and mens rea of murder, the partial defences of loss of control and diminished responsibility, and voluntary and involuntary manslaughter.12 min answer →
- How does the law distinguish between the different non-fatal offences against the person?Non-fatal offences against the person: assault, battery, assault occasioning actual bodily harm, and malicious wounding or inflicting grievous bodily harm under sections 47, 20 and 18.11 min answer →
- What must be proved to convict someone of theft or robbery?Property offences: the elements of theft under the Theft Act 1968 (appropriation, property, belonging to another, dishonesty and intention to permanently deprive) and robbery.11 min answer →
- What are the underlying rules and theories that shape the criminal law?Rules and theory of criminal law: the purposes of criminal law, the relationship between criminal law and morality and justice, fault, and the harm principle.9 min answer →
3.4 The nature of law and human rights, or contract
Module overview →- How does a contract come to an end, and what happens if it cannot be performed?Discharge of contract: discharge by performance, by agreement, by breach (actual and anticipatory), and by frustration, with the relevant rules and authorities.11 min answer →
- What must happen for a legally binding contract to come into existence?Formation of contract: offer and acceptance, the rules on invitations to treat and the postal rule, consideration, and the intention to create legal relations.11 min answer →
- What can a party recover when the other side breaks a contract?Remedies in contract: the aims and assessment of damages, causation and remoteness, the duty to mitigate, and the equitable remedies of specific performance and injunction.10 min answer →
- What is a contract for, and what theories underpin the law of contract?Rules and theory of contract: the nature and purpose of contract law, freedom of contract, the relationship between contract and fairness, and the role of consumer protection.9 min answer →
- What are the terms of a contract, and how does the law treat the most important ones?Terms of a contract: express and implied terms, the classification of terms as conditions, warranties and innominate terms, exclusion clauses, and statutory implied terms under the Consumer Rights Act 2015.11 min answer →
- What factors can make an apparently valid contract void or voidable?Vitiating factors: misrepresentation (innocent, negligent and fraudulent), and economic duress, and their effect on the validity of a contract.11 min answer →
3.1 The nature of law and the English legal system
Module overview →- How can ordinary people get legal advice and representation if they cannot afford it?Access to justice and funding: the meaning of access to justice, sources of legal advice, public funding and legal aid since LASPO, and private and conditional fee funding.9 min answer →
- Why does Parliament let other bodies make law on its behalf, and how is that power controlled?Delegated legislation: orders in council, statutory instruments and by-laws, the reasons for delegation, and parliamentary and judicial controls including judicial review.9 min answer →
- How does the decision of a court in one case bind the courts that come after it?Judicial precedent: stare decisis, ratio decidendi and obiter dicta, the hierarchy of the courts, binding and persuasive precedent, and the ways judges can avoid precedent.10 min answer →
- How does Parliament make and change the law of England and Wales?Parliamentary law making: the legislative process through Commons, Lords and Royal Assent, the influences on Parliament, and the doctrine of parliamentary supremacy.9 min answer →
- How do judges work out what an Act of Parliament actually means?Statutory interpretation: the literal, golden and mischief rules, the purposive approach, the rules of language, and intrinsic and extrinsic aids to interpretation.10 min answer →
- How are civil disputes resolved, and is going to court always the best option?The civil courts and alternative dispute resolution: the civil court structure and the track system, appeals, and the forms, advantages and disadvantages of negotiation, mediation, conciliation and arbitration.10 min answer →
- How are criminal cases tried, and what part do ordinary citizens play in deciding them?The criminal courts and lay people: the classification of offences, the criminal court structure and appeals, and the role, selection and evaluation of magistrates and juries.10 min answer →
- Who are the lawyers and judges, and how is the independence of the judiciary protected?The legal profession and judiciary: the role and training of solicitors and barristers, the different types of judge, judicial appointment, and judicial independence.10 min answer →
- What is law, and how does it differ from other rules in society?The nature of law: the distinctions between criminal and civil law, between law and morality, and between law and justice, and the function of law in society.9 min answer →
3.3 Tort
Module overview →- How can a defendant defend a tort claim, and what remedies can a successful claimant obtain?Defences and remedies in tort: the defences of contributory negligence and consent (volenti non fit injuria), and the remedies of compensatory damages and injunctions.10 min answer →
- When is a person legally responsible for harm caused by their carelessness?Negligence: the duty of care and the Caparo test, breach of duty and the standard of care, causation and remoteness of damage, and the rules on pure economic loss and psychiatric injury.12 min answer →
- How does the law protect a person's use and enjoyment of their land?Private nuisance and the rule in Rylands v Fletcher: the elements of private nuisance, relevant factors, the strict liability rule in Rylands v Fletcher, and the available defences.11 min answer →
- What duty does an occupier of premises owe to people who come onto their land?Occupiers' liability: the duty owed to lawful visitors under the Occupiers' Liability Act 1957 and the duty owed to trespassers under the Occupiers' Liability Act 1984.10 min answer →
- What is the law of tort for, and what theories underpin it?Rules and theory of tort: the nature and purpose of tort law, the relationship between tort and fault, the aims of compensation and deterrence, and policy considerations.9 min answer →
- When can one person be held liable in tort for the wrongs committed by another?Vicarious liability: the requirement of a relationship of employment or one akin to it, the requirement that the tort be committed in the course of employment, and the justifications for the doctrine.10 min answer →