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
General Elements of Liability
Voluntariness and Causation
- 4 things to know
- Paper 1
Overview
Recall questions on voluntariness and involuntariness, the but for test, legal causation, when a novus actus interveniens breaks the chain, the thin skull rule and consequences as part of actus reus.
What you need to know
Answer each one before you reveal it.
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Key term
Explain the 'but for' test in criminal law.
Key term
Under what circumstances will an intervening act break the chain of causation?
Process
What does involuntariness do to liability, and what must be proved about causation?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What does voluntariness mean in relation to actus reus?
Model answer
That the defendant's conduct was the product of their conscious will and control.
- 2
How does involuntariness affect criminal liability?
Model answer
If the defendant's bodily movements were not under their conscious control, the actus reus is negated and there can be no liability.
- 3
What must the prosecution prove regarding causation in result crimes?
Model answer
That the defendant's act or omission caused the prohibited consequence.
- 4
Explain the 'but for' test in criminal law.
Model answer
Factual causation is established if, but for the defendant's conduct, the consequence would not have occurred.
- 5
What does legal causation require beyond factual causation?
Model answer
That the defendant's conduct was a substantial and operating cause of the consequence, not merely minimal or trivial.
- 6
What is a novus actus interveniens?
Model answer
An intervening act that breaks the chain of causation because it is sufficiently independent and unforeseeable.
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