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.

What this dot point is asking

This skill underpins every answer in all three components. Whatever the command word, a legal point should be supported by authority: the relevant statute (with the section where possible) or the leading case by name, stated and used accurately. Authority is rewarded across AO1, AO2 and AO3, so it is the single biggest signal of a strong answer.

The answer

Why authority matters

Citing statutes and cases accurately

To use authority accurately: name the statute and, where you can, the section (for example s20 of the Offences Against the Person Act 1861, or s52 of the Coroners and Justice Act 2009); and name the leading case (for example Adomako for gross negligence manslaughter, Hadley v Baxendale for remoteness in contract). You do not need the full citation or year for every case, but the name and the principle must be correct. A vague or wrong principle, or a case used for the wrong point, undermines the argument.

Ratio, obiter and changed law

Deploying authority across the objectives

Authority is rewarded across all three assessment objectives. For AO1, citing the right statute or case demonstrates knowledge. For AO2, applying a named authority to the facts makes the application persuasive ("the deep cut is a wound under Eisenhower, so section 20 applies"). For AO3, authority and reform proposals provide the evidence for an evaluation ("the inconsistency between s47 and s20, both carrying five years, supports the Law Commission's call for reform"). In every case, name the authority, state the principle, and use it; never drop a bare list of case names with no explanation.

Examples in context

A strong answer names, states and uses each authority, and never relies on superseded law.

Try this

Q1. Explain why authority is essential in a legal answer and how it should be cited. [10 marks]

• What the marker wants. Precise AO1: authority (statutes and cases) supports every legal point and is rewarded across all assessment objectives; cite the statute (with the section where possible) and the case by name, state the principle accurately, and use current law.

Q2. Explain, with examples, the importance of knowing when a case or statute has been overruled or amended. [16 marks]

• Cue. An AO1 answer: the law changes, so citing superseded authority is an error; give examples (Ivey replacing Ghosh on dishonesty; R v G replacing Caldwell on recklessness; the Coroners and Justice Act 2009 replacing provocation with loss of control), and explain that accurate, current authority is what gives an answer credibility.