← Legal Studies syllabus

EnglandLegal Studies

3.1 The nature of law and the English legal system

9 dot points across 9 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

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.
A focused answer to the AQA A-Level Law access to justice and funding topic, covering the meaning of access to justice, sources of legal advice, public funding and legal aid after LASPO 2012, and private and conditional fee arrangements.
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.
A focused answer to the AQA A-Level Law delegated-legislation topic, covering orders in council, statutory instruments and by-laws, why Parliament delegates law-making, and the parliamentary and judicial controls including judicial review for ultra vires.
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.
A focused answer to the AQA A-Level Law judicial-precedent topic, covering stare decisis, ratio decidendi and obiter dicta, the court hierarchy, binding and persuasive precedent, and how judges overrule, reverse, distinguish or follow the Practice Statement.
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.
A focused answer to the AQA A-Level Law parliamentary law-making topic, covering the legislative process through the Commons and Lords, 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.
A focused answer to the AQA A-Level Law statutory-interpretation topic, covering the literal, golden and mischief rules, the purposive approach, the rules of language, and the intrinsic and extrinsic aids judges use to find the meaning of statutes.
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.
A focused answer to the AQA A-Level Law civil courts and ADR topic, covering the civil court structure, the three-track system, appeal routes, 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.
A focused answer to the AQA A-Level Law criminal courts and lay people topic, covering the classification of offences, the criminal court structure and appeals, and the role, selection, advantages and disadvantages 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.
A focused answer to the AQA A-Level Law legal profession and judiciary topic, covering the roles and training of solicitors and barristers, the types of judge, judicial appointment, and the principle and protections of 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.
A focused answer to the AQA A-Level Law nature-of-law topic, covering the differences between criminal and civil law, the relationship between law and morality, and the link between law and justice.
9 min answer →