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
Human Rights: Rules and Theory
Utilitarian and positivist objections to natural rights
- 3 things to know
- Components 2 and 3
Overview
Standard objection to leaving rights to utilitarian calculation, john Stuart Mill's harm principle and cultural relativist criticism of universal human rights.
What you need to know
Answer each one before you reveal it.
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Key term
Why did Bentham reject the idea of a right that exists before law?
Key term
What does legal positivism say about the validity of a law?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Which utilitarian philosopher dismissed natural rights as nonsense upon stilts?
Model answer
Jeremy Bentham dismissed imprescriptible natural rights as nonsense upon stilts. Bentham made the remark in Anarchical Fallacies, an attack on the French declaration of rights.
- 2
Why did Bentham reject the idea of a right that exists before law?
Model answer
Bentham held that a right is the product of a legal rule and nothing else. Talk of rights without a law behind them was, for Bentham, empty rhetoric.
- 3
What does legal positivism say about the validity of a law?
Model answer
Legal positivism says a rule is valid if it was made in the way the legal system requires. Moral merit is a separate question from legal validity on the positivist account.
- 4
How does utilitarianism assess a proposed restriction on a freedom?
Model answer
Utilitarianism weighs the restriction by its consequences for overall welfare. A limit on freedom is justified where it produces the greater balance of good.
- 5
State the standard objection to leaving rights to utilitarian calculation.
Model answer
Utilitarian calculation can justify sacrificing a minority where the majority gains more. A right is meant to resist exactly that kind of trade-off.
- 6
How did Ronald Dworkin answer the utilitarian argument?
Model answer
Ronald Dworkin described rights as trumps that individuals hold against collective goals. A government on that view may not override a right merely because the public benefit is larger.
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