Legal StudiesQ&A by dot point

Fatal offences: murder and its mens rea, the partial defences of loss of control and diminished responsibility reducing murder to voluntary manslaughter, and involuntary manslaughter by unlawful act and by gross negligence.

General defences: insanity and automatism, intoxication (voluntary and involuntary, specific and basic intent), self-defence and the prevention of crime, and consent, with their requirements and effect on liability.

Inchoate offences and participation: attempts under the Criminal Attempts Act 1981 (the more than merely preparatory act and intention), and secondary liability for those who aid, abet, counsel or procure the principal offence.

Non-fatal offences against the person: assault and battery, assault occasioning actual bodily harm (s47), malicious wounding and inflicting grievous bodily harm (s20), and wounding or causing GBH with intent (s18), with their actus reus and mens rea.

Property offences: theft and its five elements under the Theft Act 1968, robbery as theft with force, and burglary under section 9, with their actus reus and mens rea.

The rules of criminal law: actus reus (including omissions), mens rea (intention and recklessness), the coincidence of actus reus and mens rea, causation, transferred malice, and strict liability.

Freedom of expression and assembly: Article 10 (freedom of expression) and Article 11 (freedom of assembly and association), their qualified nature, and the justified restrictions including the regulation of public protest.

Restrictions on human rights: proportionality and the margin of appreciation, derogation in time of emergency, the enforcement of and remedies for breach, and an evaluation of the effectiveness of rights protection.

The rules of human rights law: the European Convention on Human Rights, the Human Rights Act 1998 and its key sections, and the enforcement of Convention rights in the domestic courts.

The right to liberty and a fair trial: Article 5 (the right to liberty and security, the permitted grounds of detention and safeguards) and Article 6 (the right to a fair trial and its guarantees).

The right to private life: Article 8 (respect for private and family life, home and correspondence), its qualified nature, and the test for a justified interference.

Remedies for breach of contract: damages and their assessment (the expectation measure, causation, remoteness and mitigation), and the equitable remedies of specific performance, injunction, rescission and rectification.

Contract terms: the distinction between terms and representations, express and implied terms (including terms implied by statute), and the classification of terms as conditions, warranties and innominate terms.

Discharge of contract: discharge by performance (and the rules on part performance), by breach (including anticipatory breach), by frustration, and by agreement.

Exclusion clauses: incorporation into the contract, construction against the party relying on the clause, and statutory control under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.

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

Vitiating factors: misrepresentation as a false statement of fact inducing the contract, the three types (fraudulent, negligent and innocent), and the remedies of rescission and damages.

Negligence: establishing a duty of care, breach of that duty by falling below the standard of the reasonable person, and damage that is factually caused and not too remote.

Nuisance and Rylands v Fletcher: liability in private nuisance for unlawful interference with the use and enjoyment of land, the relevant factors and defences, and strict liability under the rule in Rylands v Fletcher.

Occupiers' liability: the duty owed to lawful visitors under the Occupiers' Liability Act 1957 and the duty owed to trespassers under the Occupiers' Liability Act 1984, including the special rules for children and defences.

Defences in tort: contributory negligence as a partial defence, consent (volenti non fit injuria) and illegality as complete defences, and necessity, including their requirements and effect.

Remedies in tort: compensatory damages (general and special, the aim of restoring the claimant), the principle of mitigation, lump sum and structured settlements, and injunctions.

Vicarious liability: the requirements that there is a relationship akin to employment and that the tort was committed in the course of employment, including the close connection test and frolics of one's own.

Access to justice and funding: the meaning of access to justice, the provision of legal advice and representation, public funding (legal aid) and its restriction, conditional fee agreements, and alternative sources of advice.

Delegated legislation: Orders in Council, statutory instruments and by-laws, the reasons for delegation, and the controls exercised by Parliament and the courts.

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

The nature of law: the distinction between legal and moral rules, the relationship between law and morality, theories of justice, and how the law enforces or departs from moral standards.

Parliamentary law-making: the legislative process through the Houses of Parliament, the influences on Parliament, and the doctrine of parliamentary supremacy and its limits.

Statutory interpretation: the literal, golden and mischief rules, the purposive approach, and the rules of language and intrinsic and extrinsic aids to interpretation.

The civil courts and dispute resolution: the civil court structure and track system, the civil appeal routes, and the forms of alternative dispute resolution (negotiation, mediation, conciliation, arbitration) and tribunals.

The criminal courts and process: the classification of offences (summary, either-way, indictable), the roles of the Magistrates' Court and Crown Court, bail, and the criminal appeal routes.

The legal profession and judiciary: the roles of barristers and solicitors, the judiciary and judicial independence, lay magistrates and the jury, including selection, function and criticisms.

The rule of law and the Welsh dimension: the meaning of the rule of law, the separation of powers, and law-making in Wales through the Senedd within the England and Wales jurisdiction.