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
The Civil Courts and Civil Process
- 9 subtopics
- 27 things to know
- Component 1
What The Civil Courts and Civil Process covers
The Civil Courts and Civil Process is examined in Component 1, The Nature of Law and the English Legal System. It covers the civil courts and their jurisdiction, starting a claim and the Civil Procedure Rules, allocation to track and case management, civil appeals and the appellate courts, tribunals: development, role and control, arbitration, mediation, conciliation and negotiation, trial, judgment and enforcement and justice, interests and barriers in the civil process.
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.
- The civil courts and their jurisdictionThree divisions of the High Court, claim does the King's Bench Division hear and dispute does the Chancery Division hear.Open →
- Starting a claim and the Civil Procedure RulesOverriding objective of the Civil Procedure Rules, pre-action protocol and limitation period for a personal injury claim.Open →
- Allocation to track and case managementTrack allocation, normal value limit for the small claims track and small claims limit for a personal injury claim.Open →
- Civil appeals and the appellate courtsSecond appeal and leapfrog appeal.Open →
- Tribunals: development, role and controlWhy tribunals grew after 1945, the Leggatt review and the two-tier structure the 2007 Act created, who sits on a panel, where employment tribunals sit outside it, and the judicial control the ordinary courts retain.Open →
- ArbitrationArbitration agreement, scott v Avery clause and difference between arbitration inside and outside the court system.Open →
- Mediation, conciliation and negotiationAlternative dispute resolution, mini-trial or formal settlement conference and weaknesses of mediation.Open →
- Trial, judgment and enforcementStandard of proof in a civil claim, duty of an expert witness in a civil claim and single joint expert.Open →
- Justice, interests and barriers in the civil processBalancing the interests of the parties against those of the public, and the barriers that stand between a claimant and a hearing — delay, cost, the loser pays rule, court fees and inequality of arms.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
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What reform of arbitration law received Royal Assent in February 2025?
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How did Churchill v Merthyr Tydfil County Borough Council change the position Halsey had set on compelling parties to try mediation?
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What change to the Civil Procedure Rules followed the Churchill decision?
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Which report led to the Civil Procedure Rules?
Key term
What is track allocation?
Key term
Is there an automatic right of appeal in a civil case?
Key term
What is a tribunal?
Key term
Who decides a civil trial?
Process
How does the civil process balance the conflicting interests of parties to a dispute?
Key term
Which two courts hear civil claims at first instance in England and Wales?
Numbers
When did the Civil Procedure Rules come into force?
Key term
How does a court gather the information it needs to allocate a claim?
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What is the usual test for permission to appeal to the Court of Appeal?
Key term
Why did tribunals grow in number after 1945?
Key term
Define arbitration.
Key term
What is the standard of proof in a civil claim?
Process
How does the civil process weigh public interests against private interests?
Numbers
What did the Crime and Courts Act 2013 change about the county courts?
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State the overriding objective of the Civil Procedure Rules.
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Name the four tracks in use since October 2023.
Key term
Where does an appeal from a district judge in the County Court normally go?
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Which review led to the reform of the tribunal system?
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Which Act governs arbitration in England and Wales?
Key term
Define alternative dispute resolution.
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In which civil cases can a jury still be used?
Key term
Why is open justice said to serve society rather than the parties?
Take The Civil Courts and Civil Process further
The same content, four other ways.
Questions from this topic
Each one with the model answer underneath.
- 1
Which two courts hear civil claims at first instance in England and Wales?
Model answer
The County Court and the High Court hear civil claims at first instance. The County Court deals with the great majority of everyday money and contract claims.
- 2
What did the Crime and Courts Act 2013 change about the county courts?
Model answer
The Crime and Courts Act 2013 replaced the separate county courts with a single County Court. The single County Court came into being on 22 April 2014.
- 3
Name the three divisions of the High Court.
Model answer
The High Court has the King's Bench Division, the Chancery Division and the Family Division. Each division has its own specialist jurisdiction and its own head.
- 4
When did the Queen's Bench Division become the King's Bench Division?
Model answer
The Queen's Bench Division was renamed the King's Bench Division on 8 September 2022. The change followed the accession of King Charles III and altered the name only.
- 5
What kinds of claim does the King's Bench Division hear?
Model answer
The King's Bench Division hears contract and tort claims of high value or complexity. The Division also contains the Administrative Court, which supervises public bodies by judicial review.
- 6
What kinds of dispute does the Chancery Division hear?
Model answer
The Chancery Division hears disputes about trusts, land, probate, companies and intellectual property. Insolvency and partnership disputes also fall to the Chancery Division.
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The Civil Courts and Civil Process revision questions
- What does The Civil Courts and Civil Process cover in Eduqas A-Level Law?
- 9 subtopics: the civil courts and their jurisdiction, starting a claim and the civil procedure rules, allocation to track and case management, civil appeals and the appellate courts, tribunals: development, role and control, arbitration, mediation, conciliation and negotiation, trial, judgment and enforcement and justice, interests and barriers in the civil process. Each one has its own page with questions and model answers.
- How is The Civil Courts and Civil Process organised?
- By the Eduqas A150QS specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in The Civil Courts and Civil Process, on a schedule.
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