Eduqas A-Level Law: the nature of law and the English legal system (Component 1) complete overview

The nature of law and the English legal system is the heart of Eduqas Component 1 (the 1 hour 30 minute paper worth 25 per cent of the A-level). It explains how law is defined, how the courts and the people who staff them work, and how ordinary people gain access to justice. This overview ties the topics together; each has a matching dot-point page.

The nature of law and the rule of law

Law is a set of enforceable rules that govern a society, distinct from morality and from other social rules. The rule of law (Dicey, Bingham) requires that everyone is subject to the law, that the law is applied equally, and that rights are protected by independent courts. It underpins everything else in this module: an independent judiciary, fair trials and real access to justice.

The courts

The criminal courts (the Magistrates Court and the Crown Court, with the appeal routes above them) try the accused, applying the standard of beyond reasonable doubt. The civil courts (the County Court and the High Court, with its King's Bench, Chancery and Family Divisions) resolve private disputes on the balance of probabilities, and offer alternatives such as mediation, conciliation, arbitration and negotiation (ADR).

The people in the system

Legal personnel are the professionals: barristers (advocacy and advice), solicitors (the first point of contact and increasingly advocacy) and chartered legal executives. The judiciary (from district judges to the Justices of the Supreme Court) decide cases and must be independent of government, protected by security of tenure and the separation of powers. Lay people, the magistrates and juries, bring ordinary citizens into the justice system.

Access to justice

Rights are only real if they can be enforced. Access to justice depends on affordable advice and representation: legal aid (cut sharply by LASPO 2012), conditional fee agreements, the advice sector and pro bono work. The gaps left by funding cuts (advice deserts, litigants in person) are a favourite evaluation topic.

How this module is examined

• Short explain questions (AO1). Define and explain an institution or process precisely (for example, the role of the jury, or the meaning of judicial independence).
• Scenario questions (AO2). Advise on which court, procedure or form of ADR applies to a set of facts.
• Essay or analysis questions (AO3). Evaluate an area, for example the strengths and weaknesses of the jury system or the impact of the LASPO cuts, with a balanced argument and a conclusion.