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
Human Rights and English Law
Protective Policing and the Osman Test
- 4 things to know
- Paper 3
Overview
Recall questions on what protective policing means, what the authorities must have known, the failure that must be shown and the route through negligence.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What must be established for civil negligence to provide a remedy for breach of the right to life?
Key term
What must be shown regarding causation in a negligence claim for breach of the right to life?
Process
What must be shown under the Osman test, what does negligence require, and how are deaths in custody investigated?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Define protective policing.
Model answer
The duty of police to take reasonable steps to protect individuals whose lives are known to be at real and immediate risk from criminal acts of third parties.
- 2
Under the Osman test, what must authorities have known for liability to arise?
Model answer
They must have known or ought to have known of a real and immediate risk to life.
- 3
What failure must be shown under the Osman test for police liability?
Model answer
A failure to take reasonable measures to avoid the known risk to life.
- 4
What must be established for civil negligence to provide a remedy for breach of the right to life?
Model answer
A duty of care must exist, that duty must be breached, and the breach must cause death or injury.
- 5
In a negligence claim relating to the right to life, what is the first element that must be proved?
Model answer
That a duty of care exists between the defendant and the victim.
- 6
What must be shown regarding causation in a negligence claim for breach of the right to life?
Model answer
That the breach of duty caused the death or injury suffered.
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