Key term
Eduqas A-Level Law A150QS
Parliamentary and European Law Making
Topic overviewGreen Papers, White Papers and the making of a BillThe legislative process through ParliamentThe composition and role of ParliamentInfluences on Parliament and law makingParliamentary sovereigntyThe UK constitution, separation of powers and the rule of lawThe royal prerogativeLaw reform and the Law CommissionEuropean Union institutions and sources of lawThe impact of European Union law and withdrawal
Delegated Legislation
Topic overviewDelegated legislation and enabling ActsStatutory instrumentsBy-lawsOrders in Council and Henry VIII powersParliamentary controls on delegated legislationJudicial control and the ultra vires doctrineReasons for the use of delegated legislationAdvantages and disadvantages of delegated legislationDevolved legislatures
Statutory Interpretation
Judicial Precedent
Topic overviewThe doctrine of precedent and stare decisisRatio decidendi and obiter dictaBinding, persuasive and original precedentThe hierarchy of the courtsThe Supreme Court and the Practice Statement 1966The Court of Appeal and the exceptions in Young v Bristol AeroplaneOverruling, reversing and distinguishingLaw reporting and judicial law makingAdvantages and disadvantages of precedent
The Civil Courts and Civil Process
Topic overviewThe civil courts and their jurisdictionStarting a claim and the Civil Procedure RulesAllocation to track and case managementCivil appeals and the appellate courtsTribunals: development, role and controlArbitrationMediation, conciliation and negotiationTrial, judgment and enforcementJustice, interests and barriers in the civil process
The Criminal Process
Topic overviewClassification of offences and the criminal courtsThe magistrates' courts: powers and the role of lay magistratesThe Crown Court, allocation and its powersCriminal appeals and miscarriages of justiceThe Crown Prosecution ServiceBailTheories and objectives of sentencingSentencing adults and young offendersJury qualification, disqualification and selectionJury trial in operation, criticisms and alternativesJustice, interests and barriers in the criminal process
Legal Personnel
Topic overviewSolicitors: education, training and roleBarristers: education, training and roleStructure of the legal professions, fusion and social backgroundRegulation of the legal professionsLegal executives and paralegal personnelThe judiciary: hierarchy, composition and roleJudicial selection, appointment and trainingJudicial independence and the rule of lawThe magistracy and district judges in the magistrates' courts
Access to Justice and Funding
Topic overviewAccess to justice and the Legal Aid AgencyCivil legal aid: scope under LASPOCivil legal aid: means, merits and the statutory chargeCriminal legal aid and the Public Defender ServiceConditional fee agreementsDamages-based agreements and other alternative fundingAdvice schemes and pro bono helpLitigants in person and unmet legal needBarriers to justice and reform of funding
Contract: Rules and Theory of Contract LawContract
Topic overviewOrigins and definition of the law of contractThe function of the law of contractContract as a set of rules for freely made agreementsContract law and economic developmentArguments for a European or global contract law systemHuman rights and the law of contractFreedom of contract and consumer protectionThe impact of judicial decisions and legislation on contractContract law, justice and morality
Contract: Essential Requirements and FormationContract
Topic overviewOffers and invitations to treatCommunication, revocation and lapse of an offerThe rules of acceptanceCommunication of acceptance and the postal ruleThe rules of considerationExisting duties and part payment of a debtPromissory estoppelIntention to create legal relationsPrivity of contract and third party rights
Contract: Express and Implied TermsContract
Topic overviewRepresentations and termsExpress terms and their incorporationThe parol evidence ruleTerms implied by fact and by customTerms implied by statute in consumer contractsConsumer remedies and the Consumer Contracts Regulations 2013Exclusion clauses at common lawStatutory control of exclusion clauses and unfair termsConditions, warranties and innominate terms
Contract: Misrepresentation and Economic DuressContract
Topic overviewWhat counts as an actionable misrepresentationStatements of opinion, intention and expertiseSilence, half-truths and changing circumstancesInducement and relianceFraudulent misrepresentationNegligent misrepresentationInnocent misrepresentation and remedies under the ActRescission and the bars to rescissionEconomic duress
Contract: Discharge of ContractContract
Topic overviewDischarge by performance and the rule in Cutter v PowellExceptions to the entire performance ruleTime of performance and tender of performanceDischarge by agreementDischarge by actual breachAnticipatory breachFrustration: impossibility, death and incapacityFrustration: illegality, sterility and radical changeLimits on frustration and the Law Reform (Frustrated Contracts) Act 1943
Contract: RemediesContract
Topic overviewThe purpose and measure of compensatory damagesCausation and remoteness of damageMitigation of loss and contributory faultCost of cure, difference in value and loss of amenityDamages for distress and disappointmentLiquidated damages and penalty clausesRescission and rectificationSpecific performanceInjunctions and the limits of equitable remedies
Tort: Rules and Theory of Tort LawTort
Topic overviewThe origins and development of the law of tortCategories of tort and the interests they protectDefining a tort and its boundaries with crime and contractFault liability and strict liabilityCorrective justice and the aims of tort lawThe economic justification of tortRetributive justice and deterrence in tortCriticisms of the tort systemReform of the tort system and no-fault alternatives
Tort: NegligenceTort
Topic overviewDuty of care and the neighbour principleThe Caparo test and the modern approach to dutyInjury to people, damage to property and other kinds of lossBreach of duty and the reasonable manThe standard of care for professionals and for childrenRisk factors in deciding breachProving breach and res ipsa loquiturFactual causation and the but for testLegal causation, intervening acts and remoteness of damage
Tort: Occupiers' LiabilityTort
Topic overviewOccupiers, premises and the meaning of controlLawful visitors under the Occupiers' Liability Act 1957The common duty of care owed to visitorsChild visitors and the principle of allurementSkilled visitors and persons exercising a callingIndependent contractors and the occupier's positionWarnings, exclusion of liability and defences to a visitor's claimTrespassers and the duty under the Occupiers' Liability Act 1984The standard owed to trespassers and defences under the 1984 Act
Tort: Torts Connected to LandTort
Topic overviewTrespass to land: unlawful entry and intentionDefences to trespass to land and the remedies availablePublic nuisance and the class of persons affectedSuing in public nuisance: special damage and the Attorney-GeneralPrivate nuisance: the parties and the interferenceUnreasonable user: locality, duration and utilityAbnormal sensitivity and the effect of maliceSpecific defences to nuisance: prescription and statutory authorityRylands v Fletcher: the elements of the ruleSpecific defences to Rylands v Fletcher
Tort: Vicarious LiabilityTort
Topic overviewThe nature of vicarious liabilityThe purpose of vicarious liability and the arguments about itTests for the status of employment: control and integrationThe economic reality test and the modern multiple testRelationships akin to employmentScope of employment: authorised acts done in an unauthorised wayFrolic of his own, detours and journeysIntentional wrongdoing and the close connection testIndependent contractors and unusually hazardous activities
Tort: Defences and RemediesTort
Topic overviewVolenti non fit injuria: the elements of the defenceVolenti, rescuers and employeesVolenti in road traffic cases and the defence of illegalityContributory negligence and the Law Reform (Contributory Negligence) Act 1945Applying contributory negligence: seat belts, children and emergenciesDefences and remedies in claims connected to nuisance and Rylands v FletcherCompensatory damages in tortAssessing personal injury damages and mitigation of lossInjunctions and other remedies in tort
Criminal Law: Rules and TheoryCriminal
Topic overviewThe definition of a crime and the purposes of criminal lawBurden and standard of proof in criminal casesCriminal law, morality and justiceCodification of the criminal lawThe Crown Prosecution Service and the decision to prosecuteThe Attorney-General and the Director of Public ProsecutionsBail and the presumption in favour of libertyRemand in custody and custody time limitsThe criminal trial processYouth justice
Criminal Law: General Elements of LiabilityCriminal
Topic overviewActus reus: conduct, consequences and states of affairsVoluntary and involuntary conductLiability for omissionsFactual causationLegal causation and intervening actsIntention: direct and obliqueRecklessness, negligence and transferred maliceCoincidence of actus reus and mens reaStrict liability and the Gammon tests
Criminal Law: Offences Against the PersonCriminal
Topic overviewMurder: elements and malice aforethoughtVoluntary manslaughter: loss of controlVoluntary manslaughter: diminished responsibilityUnlawful act manslaughterGross negligence manslaughterAssaultBatteryActual bodily harm under section 47Malicious wounding and grievous bodily harm under section 20Wounding and grievous bodily harm with intent under section 18
Criminal Law: Property OffencesCriminal
Criminal Law: Capacity DefencesCriminal
Topic overviewInsanity: the M'Naghten rulesDisease of the mind and the internal cause testThe special verdict and disposal after insanityNon-insane automatismSelf-induced automatismVoluntary intoxication by alcoholIntoxication by drugs and involuntary intoxicationSpecific and basic intent offencesDrunken mistake and criticism of the capacity defences
Criminal Law: Necessity Defences and Preliminary OffencesCriminal
Topic overviewMistake as a defenceSelf-defence and the prevention of crimeReasonable force and householder casesDuress by threats and the Graham testLimits on duress: murder, association and evasive actionDuress of circumstancesNecessityConsentAttempt: the actus reus and more than merely preparatoryAttempt: mens rea and impossible attempts
Human Rights: Rules and TheoryHuman rights
Topic overviewThe meaning of a rightRights, liberties and the correlative dutyNatural law and the origins of human rights theoryUtilitarian and positivist objections to natural rightsAbsolute, limited and qualified rightsCategories of rights and their international sourcesThe role of Parliament in regulating rightsThe role of the courts in regulating rightsHuman rights, justice and the rule of law
Human Rights: Protection of Rights and Freedoms in the UKHuman rights
Topic overviewProtection of rights in the UK constitution before 1998The Council of Europe and the history of the ConventionThe scope of the Convention and its ProtocolsThe European Court of Human Rights: composition and applicationDoctrines developed by the Strasbourg courtThe main provisions of the Human Rights Act 1998The impact of the Human Rights Act 1998 in the courtsCriticisms of human rights and a UK Bill of RightsThe Human Rights Act and the devolution settlements
Human Rights: Convention ProvisionsHuman rights
Topic overviewArticle 5 and the right to liberty and security of the personArticle 5 exceptions, safeguards and restrictionsArticle 6 and the right to a fair trialArticle 6 and the nature of an absolute rightArticle 8 and the right to respect for private and family lifeArticle 8 exceptions, restrictions and positive obligationsArticle 10 and freedom of expressionArticle 10 exceptions and restrictionsArticle 11 and freedom of peaceful assembly and association
Human Rights: Restrictions on Convention RightsHuman rights
Topic overviewHow a qualified right may lawfully be restrictedFreedom of assembly and public order lawPolice powers of stop and searchPolice powers of arrest and detentionSearch of premises, terrorism powers and remediesInterception of communications and surveillanceConfidentiality, official secrets and contempt of courtObscenity and the control of publicationDefamation, trespass and harassment
Human Rights: EnforcementHuman rights
Topic overviewThe Human Rights Act and the domestic courtsInterpretation and Strasbourg case lawDeclarations of incompatibilityPublic authorities and claims under the ActJudicial review: the groundsJudicial review: procedure, standing and remediesThe European Court of Human RightsThe effect and enforcement of Strasbourg judgments
Human Rights: ReformHuman rights
Topic overviewCriticisms of the Human Rights ActThe case for keeping the Human Rights ActThe case for a UK Bill of RightsThe case against a UK Bill of RightsThe United Kingdom and the Convention systemThe Equality and Human Rights CommissionProtection beyond the Human Rights ActThe future of rights protection
Access to Justice and Funding
- 9 subtopics
- 27 things to know
- Component 1
What Access to Justice and Funding covers
Access to Justice and Funding is examined in Component 1, The Nature of Law and the English Legal System. It covers access to justice and the Legal Aid Agency, civil legal aid: scope under LASPO, civil legal aid: means, merits and the statutory charge, criminal legal aid and the Public Defender Service, conditional fee agreements, damages-based agreements and other alternative funding, advice schemes and pro bono help, litigants in person and unmet legal need and barriers to justice and reform of funding.
Where it is assessed
Component 1
The Nature of Law and the English Legal System.
Check the Eduqas specification ↗The 9 subtopics
Each one has its own page.
- Access to justice and the Legal Aid AgencyAccess to justice and legal aid contract.Open →
- Civil legal aid: scope under LASPOWhat LASPO left inside the scope of civil legal aid and what it took out — family, welfare benefits, employment, housing, debt, clinical negligence, immigration and judicial review — with exceptional case funding as the safety net that has not worked.Open →
- Civil legal aid: means, merits and the statutory chargeMeans test for civil legal aid, disposable income and disposable capital.Open →
- Criminal legal aid and the Public Defender ServiceCriminal Defence Direct, representation order and interests of justice criteria.Open →
- Conditional fee agreementsConditional fee agreement, success fee and after the event insurance.Open →
- Damages-based agreements and other alternative fundingMain sources of funding for a civil case, damages-based agreement and third party litigation funding.Open →
- Advice schemes and pro bono helpCitizens Advice, law Centre and university law clinic.Open →
- Litigants in person and unmet legal needLitigant in person, mcKenzie friend and unmet legal need.Open →
- Barriers to justice and reform of fundingBarrier to justice, argument for restricting legal aid and argument against restricting legal aid.Open →
What you need to know
Answer each one before you reveal it.
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Explain how a conditional fee agreement works and what a success fee adds to it.
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What is meant by access to justice?
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How did LASPO change the scope of civil legal aid?
Numbers
What legal advice is available at a police station?
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Name the main sources of funding for a civil case.
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What is Citizens Advice?
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What is a litigant in person?
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What is meant by a barrier to justice?
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Why is public funding of legal services necessary?
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Which family matters remain within scope?
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What is the means test for civil legal aid?
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How is police station advice delivered?
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What is a conditional fee agreement?
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What alternative methods of funding exist outside legal aid?
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What is a Law Centre?
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What difficulties does a litigant in person face?
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How does cost create a barrier to justice?
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When was the modern legal aid scheme first established?
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Is welfare benefits advice within scope?
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What is disposable income?
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What is Criminal Defence Direct?
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What is a success fee?
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What is a damages-based agreement?
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What is a university law clinic?
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What difficulties do litigants in person create for the courts?
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How does ignorance of rights create a barrier to justice?
Take Access to Justice and Funding further
The same content, four other ways.
Questions from this topic
Each one with the model answer underneath.
- 1
What is meant by access to justice?
Model answer
Access to justice means a person with a legal problem can obtain advice, representation and a decision. Access requires knowledge of rights, affordable help and a forum that will hear the case.
- 2
Why is public funding of legal services necessary?
Model answer
Advice and representation cost more than most households can afford out of income. State funding exists so that a poor litigant is not shut out of the courts.
- 3
When was the modern legal aid scheme first established?
Model answer
The Legal Aid and Advice Act 1949 established the first modern legal aid scheme. The scheme formed part of the post-war welfare settlement.
- 4
Which Act governs legal aid today?
Model answer
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 governs legal aid today. The Act took effect on 1 April 2013 and is generally known as LASPO.
- 5
Which body administers legal aid?
Model answer
The Legal Aid Agency administers legal aid in England and Wales. The Agency is an executive agency of the Ministry of Justice.
- 6
What did the Legal Aid Agency replace?
Model answer
The Legal Aid Agency replaced the Legal Services Commission on 1 April 2013. The change brought the function inside the Ministry of Justice to tighten financial control.
What is inside Levo
Six ways to work the same material.
Access to Justice and Funding revision questions
- What does Access to Justice and Funding cover in Eduqas A-Level Law?
- 9 subtopics: access to justice and the legal aid agency, civil legal aid: scope under laspo, civil legal aid: means, merits and the statutory charge, criminal legal aid and the public defender service, conditional fee agreements, damages-based agreements and other alternative funding, advice schemes and pro bono help, litigants in person and unmet legal need and barriers to justice and reform of funding. Each one has its own page with questions and model answers.
- How is Access to Justice and Funding organised?
- By the Eduqas A150QS specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Access to Justice and Funding, 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.
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