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WalesLegal Studies

The Nature of Law and the Welsh and English Legal System

10 dot points across 10 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

How do people gain access to legal advice and representation, and how is litigation funded?

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.
Access to justice and funding for WJEC A-Level Law Unit 1. Covers the meaning of access to justice, legal aid and its restriction under LASPO 2012, conditional fee agreements, and alternative sources of advice such as Citizens Advice and law centres.
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What is delegated legislation, what forms does it take, and how is it controlled?

Delegated legislation: Orders in Council, statutory instruments and by-laws, the reasons for delegation, and the controls exercised by Parliament and the courts.
Delegated legislation for WJEC A-Level Law Unit 1. Covers Orders in Council, statutory instruments and by-laws, the reasons Parliament delegates law-making, and the parliamentary and judicial controls including the ultra vires doctrine.
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How does the doctrine of judicial precedent work, and how are judges bound by and able to depart from earlier decisions?

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).
Judicial precedent for WJEC A-Level Law Unit 1. Covers stare decisis, the court hierarchy, ratio decidendi and obiter dicta, binding and persuasive precedent, and how judges avoid precedent through overruling, reversing, distinguishing and the Practice Statement.
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What is the nature of law, and how do law, morality and justice relate to one another in the Welsh and English legal system?

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.
The nature of law for WJEC A-Level Law Unit 1. Covers the distinction between legal and moral rules, the relationship between law and morality, the Hart-Devlin debate, theories of justice, and how far the law should enforce morality, with case and statute examples.
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How does Parliament make law, and what is the meaning and effect of parliamentary supremacy?

Parliamentary law-making: the legislative process through the Houses of Parliament, the influences on Parliament, and the doctrine of parliamentary supremacy and its limits.
Parliamentary law-making for WJEC A-Level Law Unit 1. Covers the legislative process from green and white papers through the Commons and Lords to Royal Assent, the influences on Parliament, and the doctrine of parliamentary supremacy and its qualifications.
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How do judges interpret statutes, and what rules and aids do they use?

Statutory interpretation: the literal, golden and mischief rules, the purposive approach, and the rules of language and intrinsic and extrinsic aids to interpretation.
Statutory interpretation for WJEC A-Level Law Unit 1. Covers the literal, golden and mischief rules, the purposive approach, the rules of language (ejusdem generis), and the intrinsic and extrinsic aids judges use, with leading cases.
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How are civil disputes resolved through the courts and through alternative dispute resolution?

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 civil courts and dispute resolution for WJEC A-Level Law Unit 1. Covers the County Court and High Court, the three-track case management system, civil appeal routes, tribunals, and the four main forms of alternative dispute resolution with their advantages.
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How are criminal cases classified and processed through the courts, and what are the routes of appeal?

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 criminal courts and process for WJEC A-Level Law Unit 1. Covers the classification of offences as summary, either-way and indictable, the roles of the Magistrates' Court and Crown Court, bail, plea before venue, and the criminal appeal routes.
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Who are the personnel of the legal system, and what are the roles of lawyers, judges, magistrates and juries?

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 legal personnel for WJEC A-Level Law Unit 1. Covers the roles of barristers and solicitors, the judiciary and judicial independence, lay magistrates, and the jury, with the selection, function, advantages and criticisms of lay people in the legal system.
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What is the rule of law, and how does law-making in Wales fit within the single legal system of England and Wales?

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.
The rule of law and the Welsh dimension for WJEC A-Level Law Unit 1. Covers the meaning of the rule of law (Dicey and Bingham), the separation of powers, and law-making in Wales through the Senedd within the single England and Wales legal jurisdiction.
12 min answer →