Legal StudiesQ&A by dot point

The general elements of criminal liability: actus reus (conduct, omissions and causation), mens rea (intention and subjective recklessness), the coincidence of actus reus and mens rea, transferred malice and strict liability.

Murder and voluntary manslaughter: the actus reus and mens rea of murder, and the partial defences of loss of control and diminished responsibility under the Coroners and Justice Act 2009 that reduce murder to voluntary manslaughter.

The general defences: insanity and automatism, intoxication (voluntary and involuntary), self-defence and the prevention of crime, consent, and duress by threats and of circumstances.

Involuntary manslaughter: unlawful act (constructive) manslaughter (an unlawful and dangerous act causing death) and gross negligence manslaughter (a breach of a duty of care, causing death, that is grossly negligent under Adomako).

The non-fatal offences against the person: assault and battery (common law), assault occasioning actual bodily harm (s47), malicious wounding or inflicting grievous bodily harm (s20), and wounding or causing grievous bodily harm with intent (s18) under the Offences Against the Person Act 1861.

Property offences: theft under the Theft Act 1968 (appropriation, property, belonging to another, dishonesty and intention permanently to deprive) and robbery under section 8 (theft with the use or threat of force in order to steal).

Delegated legislation: the enabling Act and the types of delegated legislation (Orders in Council, statutory instruments and by-laws), the reasons for it, and the controls by Parliament and the courts.

Judicial precedent: the doctrine of stare decisis, ratio decidendi and obiter dicta, binding and persuasive precedent, the court hierarchy and the Practice Statement, and the ways of avoiding precedent (overruling, reversing and distinguishing).

Law reform: the agencies that influence and propose reform (the Law Commission, Royal Commissions and public inquiries, pressure groups and the media), the processes of repeal, consolidation and codification, and the limits on reform.

Parliamentary law making: the legislative process (Green and White Papers, the types of Bill, the stages of a Bill through the Commons and Lords and the Royal Assent), the influences on Parliament, and the doctrine of parliamentary sovereignty.

Statutory interpretation: the literal, golden and mischief rules and the purposive approach, the rules of language, intrinsic and extrinsic aids (including Pepper v Hart), and the impact of EU law and the Human Rights Act 1998.

The evaluation essay (AO3): structuring a balanced argument, analysing strengths and weaknesses, using examples, cases and reform proposals, and reaching a reasoned conclusion.

The scenario application question (AO2): the IRAC structure (issue, rule, application, conclusion), identifying the legal issues in a factual problem, applying authority to the facts, and reaching a reasoned conclusion.

Using cases and statutes accurately: citing the relevant statute (and section) and the leading case by name, stating the legal principle correctly, knowing when authority has been overruled or amended, and deploying authority across all assessment objectives.

Remedies for breach of contract: the aim and measure of damages (expectation loss, causation, remoteness under Hadley v Baxendale and mitigation), liquidated damages and penalties, and the equitable remedies (specific performance and injunction).

Discharge of contract: discharge by performance (and the softening doctrines), by agreement, by breach (actual and anticipatory), and by frustration (impossibility, illegality and radical change, and the consequences under the Law Reform (Frustrated Contracts) Act 1943).

Formation of contract: offer and acceptance (including invitations to treat, the postal rule and revocation), consideration (sufficiency, adequacy and past consideration), and the intention to create legal relations.

The terms of a contract: express and implied terms (including statutory implied terms), the classification of terms (conditions, warranties and innominate terms), and exclusion clauses and their statutory controls.

Vitiating factors: misrepresentation (fraudulent, negligent and innocent), its requirements (a false statement of fact that induces the contract) and remedies (rescission and damages), and an outline of other vitiating factors such as duress and economic duress.

Liability in negligence: the duty of care (Donoghue v Stevenson and the Caparo test), breach of duty (the reasonable person and the risk factors), and damage (factual causation by the but for test and remoteness under The Wagon Mound).

Nuisance and the rule in Rylands v Fletcher: private nuisance (unlawful interference with the use and enjoyment of land, the factors and defences), public nuisance, and the rule in Rylands v Fletcher (a non-natural use, the escape of a dangerous thing and foreseeable damage).

Occupiers liability: the duty owed to lawful visitors under the Occupiers Liability Act 1957 (the common duty of care, children, skilled visitors and independent contractors) and the duty owed to trespassers under the Occupiers Liability Act 1984.

Defences and remedies in tort: the defences of consent (volenti non fit injuria), contributory negligence and necessity, and the remedies of compensatory damages (special and general) and injunctions.

Vicarious liability: the requirement of a relationship of employment (the tests for employee status), a tort committed by the employee, and that the tort was committed in the course of employment (the close connection test).

Access to justice and funding: the meaning of access to justice, sources of legal advice and funding (legal aid and LASPO 2012, conditional fee agreements, the advice sector and pro bono), and the barriers to access.

Lay people in the justice system: the selection, role and powers of lay magistrates and of juries, jury qualification and vetting, and the advantages and disadvantages of lay participation.

Legal personnel: the role, training and regulation of barristers, solicitors and chartered legal executives, the work they do, rights of audience, and the regulation of the professions.

The civil courts (County Court and High Court and their divisions), the civil appeal routes and the track system, and alternative dispute resolution: negotiation, mediation, conciliation and arbitration.

The criminal courts: the classification of offences (summary, either-way and indictable), the jurisdiction of the Magistrates Court and the Crown Court, the pre-trial procedure and the criminal appeal routes; the aims of sentencing.

The judiciary: the types and hierarchy of judges, their appointment and qualifications, judicial independence and the doctrine of the separation of powers, and the role of judges in the courts.

The nature of law: the distinction between legal rules and other rules (morality, ethics and social rules); the rule of law as expounded by Dicey and Bingham, and its place in the English legal system.