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General Elements of Liability

  • 3 subtopics
  • 11 things to know
  • Paper 1

What General Elements of Liability covers

Actus reus in its three forms, the requirement of voluntariness, causation in fact and in law, and the varieties of mens rea.

Where it is assessed

Paper 1

Criminal law, 75 marks.

Check the AQA specification ↗

The 3 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What are the three forms that actus reus can take?

Key term

Define a positive act in criminal law.

Key term

What is an omission in criminal law?

Key term

What does voluntariness mean in relation to actus reus?

Key term

Explain the 'but for' test in criminal law.

Key term

Under what circumstances will an intervening act break the chain of causation?

Key term

Define mens rea.

Key term

What is negligence as a fault element in criminal law?

Key term

How are strict liability offences typically created?

Process

How can the external element be satisfied by act, by omission and by creating a danger?

Process

What does involuntariness do to liability, and what must be proved about causation?

Take General Elements of Liability further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Novus actus interveniens vs The thin skull rule

    Novus actus interveniens: an intervening act breaking the chain of causation. The thin skull rule: the principle that the defendant takes the victim as they find them.

  • Transferred malice vs Coincidence rule

    Transferred malice: mens rea aimed at one victim transferring to the actual victim of the same crime. Coincidence rule: the requirement that actus reus and mens rea exist at the same time.

  • Omission vs Act

    Omission: a failure to do something the law imposed a duty to do. Act: positive conduct by the defendant bringing about the result.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What is the legal term for the external, physical element of a crime that the prosecution must prove?

    Model answer

    Actus reus.

  2. 2

    What are the three forms that actus reus can take?

    Model answer

    Conduct (positive acts), omissions (failures to act), and a state of affairs.

  3. 3

    How can actus reus be established through conduct?

    Model answer

    Through positive acts — voluntary physical movements that bring about the prohibited consequence or constitute the prohibited conduct.

  4. 4

    Define a positive act in criminal law.

    Model answer

    A voluntary physical movement that brings about the prohibited consequence or constitutes the prohibited conduct.

  5. 5

    When can a failure to act constitute the actus reus of a crime?

    Model answer

    When the law imposes a duty to act and the defendant fails to fulfil that duty (an omission).

  6. 6

    What is an omission in criminal law?

    Model answer

    A failure to act where the law imposes a duty to act.

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General Elements of Liability revision questions

What does General Elements of Liability cover in AQA A-Level Law?
3 subtopics: the external element of a crime, voluntariness and causation and mens rea, strict liability and coincidence. Each one has its own page with questions and model answers.
How is General Elements of Liability organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

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