How do you cite cases and statutes accurately and use authority to support legal argument?
Using cases and statutes accurately (AO1 and AO2): citing authority correctly, stating the legal principle a case establishes, and deploying authority to support application and evaluation.
An OCR A-Level Law guide to using cases and statutes accurately. Explains how to cite authority correctly, state the principle a case establishes, and use authority to support application and evaluation, with a worked example and the AO1 and AO2 skills the paper rewards across all three components.
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What this dot point is asking
Across all three components, OCR Law rewards the accurate use of authority: citing cases and statutes correctly, stating the principle each establishes, and deploying them to support application (AO2) and evaluation (AO3). This dot point is about the skill of using authority well, which underpins both AO1 (knowledge) and the higher objectives.
The answer
Why authority matters
Citing authority correctly
You should cite authority accurately but not exhaustively:
- Statutes. Give the name of the Act and, where relevant, the section: "section 47 of the Offences Against the Person Act 1861", "section 3 of the Human Rights Act 1998". You do not need the precise subsection in every case, but accuracy matters.
- Cases. Give the case name: "Donoghue v Stevenson", "R v Adomako", "Caparo v Dickman". You do not need the full citation, the court or (usually) the year, though a year can help where the law has changed.
- Do not copy the wording of real exam papers or invent cases or statutes. Use authority you genuinely know.
Stating the principle and deploying authority
The key skill is to state what the authority establishes and to make it do work:
- State the principle. Do not just name a case; say what it decides. "Donoghue v Stevenson established the neighbour principle." "R v G established that recklessness is subjective." "Ghaidan v Godin-Mendoza shows how far section 3 of the Human Rights Act can be used to read legislation compatibly."
- Deploy it for application (AO2). "The rule (s47, Miller) requires ABH; here the victim suffered a black eye, so the actus reus is satisfied."
- Deploy it for evaluation (AO3). "R v Brown shows the law enforcing a moral standard on consenting adults, which supports Devlin's view and is criticised for limiting autonomy."
Examples in context
A strong answer pairs every legal proposition with its authority and explains the principle, so the authority is working.
Try this
Q1. Explain why it is important to support legal points with authority, and how cases and statutes should be cited. [shown at the 10-mark level for revision; some questions are worth up to 20 marks]
- What the marker wants. Precise AO1 within a skills frame: authority shows accurate knowledge (AO1) and grounds application (AO2) and evaluation (AO3); statutes are cited by name and section, cases by name, without full citations, and never invented or copied.
Q2. Using cases and statutes, explain the mens rea of murder and how it has been interpreted. [a representative medium-tariff question testing AO1 and the use of authority, 12 marks]
- Cue. An AO1 answer using authority: the mens rea is intention to kill or cause GBH (Vickers); oblique intention may be found where death or serious harm was a virtual certainty appreciated by the defendant (Woollin); state each principle with its authority.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR H418 2021 (authority skill)12 marksExplain, using cases and statutes, the meaning of the actus reus of an offence of your choice. [a representative medium-tariff question testing AO1 and the accurate use of authority]Show worked answer →
A question testing AO1 and the accurate use of authority. The marks reward precise law supported by the right case or statute.
State the rule. Choose an offence and state the actus reus precisely, citing the statute (for example s47 OAPA 1861) or the defining case.
Support with authority. For each element, give the case that establishes the principle: for example, that ABH is more than transient and trifling (Miller), and includes psychiatric harm (Chan-Fook).
Be accurate. Name cases and statutes correctly and state the principle each establishes, rather than naming a case without explaining its relevance.
A top answer states the law and supports each point with the correct, relevant authority.
OCR H418 2022 (authority skill)20 marksAdvise a party in a scenario, supporting your advice with relevant cases and statutes. [a representative scenario testing AO2 and the accurate use of authority]Show worked answer →
A scenario testing AO2 and the use of authority. The marks reward applying the law to the facts with correct authority.
Apply with authority. For each issue, state the rule with its authority, then apply it to the facts. For example: the duty of care arises on the neighbour principle (Donoghue v Stevenson) and applies to an established relationship without the Caparo test (Robinson); here the parties are in such a relationship, so a duty is owed.
Use authority to evaluate where relevant. Where the question allows, note criticism or development of a case.
A top answer ties accurate authority to each step of the application and concludes.
Related dot points
- The legal problem scenario question (AO2): identifying the legal issues, stating the relevant law with authority, applying it to the facts, and reaching a reasoned conclusion using the IRAC or define-apply-conclude structure.
An OCR A-Level Law guide to the legal problem scenario question. Explains how to identify the issues, state the law with authority, apply it to the facts and conclude, using the IRAC structure, with a worked example and the AO2 application the paper rewards across all three components.
- The extended evaluation essay (AO3): building a balanced critical argument with examples, weighing strengths and weaknesses, and reaching a reasoned and supported judgement that answers the question.
An OCR A-Level Law guide to the extended evaluation essay. Explains how to build a balanced critical argument, weigh strengths and weaknesses with examples, and reach a reasoned judgement, with a worked plan and the AO3 evaluation the paper rewards across all three components.
- Judicial precedent: stare decisis, ratio decidendi and obiter dicta, the hierarchy of the courts, binding and persuasive precedent, and the methods of avoiding precedent (overruling, reversing, distinguishing).
An OCR A-Level Law guide to judicial precedent. Explains stare decisis, ratio decidendi and obiter dicta, the court hierarchy, binding and persuasive precedent, and the methods of avoiding precedent, with key cases, worked exam answers and the AO3 evaluation the paper rewards.
- Statutory interpretation: the literal, golden and mischief rules, the purposive approach, the rules of language, and the internal and external aids to interpretation.
An OCR A-Level Law guide to statutory interpretation. Explains the literal, golden and mischief rules, the purposive approach, the rules of language and the internal and external aids, with key cases, worked exam answers and the AO2 application the paper rewards.
- The general elements of criminal liability: actus reus (including omissions and causation), mens rea (intention and recklessness), the coincidence rule, transferred malice and strict liability.
An OCR A-Level Law guide to the general elements of criminal liability. Explains actus reus, omissions and causation, mens rea (intention and recklessness), the coincidence rule, transferred malice and strict liability, with key cases, worked scenario answers and the AO2 application the paper rewards.
Sources & how we know this
- OCR A Level Law (H418) specification — OCR (2017)