Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Criminal Defences
Insanity and the M'Naghten Rules
- 4 things to know
- Paper 1
Overview
Recall questions on the verdict that follows, the case the rules derive from and the elements that must be proved.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What is the first element that must be proved under the M'Naghten Rules?
Key term
Under the M'Naghten Rules, what alternative cognitive failures can satisfy the test?
Process
Which case supplies the rules on insanity, and what must the defect of reason arise from?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What type of verdict results from a successful insanity defence?
Model answer
A special verdict of 'not guilty by reason of insanity' rather than a complete acquittal.
- 2
From which case do the legal rules for establishing insanity derive?
Model answer
The M'Naghten Rules (1843).
- 3
What is the first element that must be proved under the M'Naghten Rules?
Model answer
A defect of reason.
- 4
What must cause the defect of reason under the M'Naghten Rules?
Model answer
A disease of the mind.
- 5
Under the M'Naghten Rules, what alternative cognitive failures can satisfy the test?
Model answer
The defendant either did not know the nature and quality of their act, or did not know the act was wrong.
- 6
How did R v Clarke distinguish a defect of reason from a mere failure to use one's reasoning powers?
Model answer
A defect of reason requires the defendant's powers of reasoning to be impaired, not simply a failure to use those powers at the relevant time.
Other ways to work this
The same content, four other ways.
What is inside Levo
Six ways to work the same material.
Every question in Criminal Defences, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
Or £46 a year, about £3.83 a month. Cancel anytime.