Key term
WJEC A-Level Law 603-1978-1
Law Making in Wales and the UK
Topic overviewLegal rules, sources of law and the rule of lawParliamentary sovereignty, the separation of powers and the Royal PrerogativeThe composition and role of ParliamentThe legislative process at WestminsterThe Senedd and law making in WalesThe devolution settlement and the role of the Supreme CourtInfluences on law making and law reform
Delegated Legislation
Topic overviewThe nature and authority of delegated legislationStatutory instrumentsBy-laws and Orders in CouncilDelegated legislation in Wales and the devolution settlementParliamentary controls on delegated legislationControl by the courts and judicial reviewReasons for delegated legislation and its advantages and disadvantages
Statutory Interpretation
Judicial Precedent
The Civil Courts and Dispute Resolution
The Criminal Process and the Criminal Courts
Topic overviewClassification of offences and the criminal processThe magistrates' courts and the Crown CourtAppeals in criminal casesThe jury at trial: verdicts, secrecy and the coroner's juryCriticisms of and alternatives to the jury systemThe aims and theories of sentencingSentencing powers and the sentencing of youths
Legal Personnel and the Judiciary
Topic overviewBarristers: training, role and rights of audienceSolicitors: training, role and workLegal executives and paralegalsRegulation of the legal professions and the fusion debateThe judiciary: hierarchy, role and selectionJudicial independence, the rule of law and the constitutional positionLay magistrates and district judges
Access to Justice and Funding
Topic overviewAccess to justice and the development of legal aidCivil legal aid: scope and servicesMeans testing, merits testing and the statutory chargeCriminal legal aid and the Public Defender ServiceConditional fee agreements and private fundingAdvice agencies and other sources of helpEvaluating access to justice after the 2012 reforms
Tort: Rules and Theory
Topic overviewThe nature and origins of the law of tortCategories of tort and the interests protectedFault and strict liabilityCorrective justice and the economic justificationRetributive and distributive justice in tortTheories of justice and the balancing of interestsCriticisms of the tort systemReform and alternatives to tort
Tort: Negligence
Tort: Occupiers' Liability
Tort: Remedies
Human Rights: Rules and TheoryHuman rights
Topic overviewThe meaning of rights and the distinction between rights and libertiesThe European Convention on Human Rights: origins, scope and machineryAbsolute, limited and qualified rightsThe Human Rights Act 1998 and its key sectionsHuman rights in the devolution settlements of Wales, Scotland and Northern IrelandParliament, the courts and the entrenchment debateCriticisms of human rights, law and morality and law and justice
Human Rights: Key Convention ProvisionsHuman rights
Topic overviewArticle 8 and the scope of private and family life, home and correspondenceNegative and positive obligations under Article 8Article 8(2) and the justification of an interferenceArticle 10 and the right to freedom of expressionArticle 11 and freedom of peaceful assembly and associationBalancing Article 8 against Article 10Evaluating the qualified rights and their exceptions
Human Rights: RestrictionsHuman rights
Topic overviewPublic order offences and the control of protestPolice powers of stop, search and entryArrest, detention and the rights of a person in police custodyTrespass, harassment and actions against the policeInterception of communications and access to personal informationConfidentiality, defamation and the protection of reputationObscenity and the arguments for and against restriction
Human Rights: EnforcementHuman rights
Topic overviewThe domestic courts and the Strasbourg case lawCompatible interpretation and declarations of incompatibilityPublic authorities, victims and remedies under sections 6 to 8The judicial review procedureThe grounds for judicial reviewThe European Court of Human RightsEvaluating the enforcement of human rights
Human Rights: Protection and ReformHuman rights
Topic overviewHow rights are protected in the United Kingdom todayThe Equality and Human Rights CommissionCriticisms of the Human Rights Act 1998 and the case for changeDefending the Human Rights Act 1998 as it standsThe case for a United Kingdom Bill of RightsThe case against a United Kingdom Bill of RightsReform, devolution and the United Kingdom's place in the Convention system
Contract: Rules and TheoryContract
Topic overviewOrigins, definition and function of contract lawFreedom of contract and the classical theory of bargainContract law and economic developmentFreedom of contract and consumer protectionJudicial decisions, legislation and European influence on contractHuman rights, morality and justice in the law of contractArguments for a European or global law of contract
Contract: FormationContract
Topic overviewOffer and invitation to treatAcceptance, counter-offers and the ending of an offerConsideration and existing dutiesPayment of less than the debt, and promissory estoppelIntention to create legal relationsPrivity of contract and the Contracts (Rights of Third Parties) Act 1999Evaluating the rules of agreement and consideration
Contract: TermsContract
Contract: Misrepresentation and DuressContract
Topic overviewActionable misrepresentation and the elements of a claimFraudulent misrepresentationNegligent misrepresentation and the Misrepresentation Act 1967Innocent misrepresentation, rescission and its barsEconomic duressDuress to the person and undue influence distinguishedEvaluating misrepresentation and duress
Contract: DischargeContract
Topic overviewDischarge by performance and the entire obligations ruleExceptions to the entire obligations rule and standards of performanceDischarge by agreementDischarge by breach, actual and anticipatoryFrustration and when a contract is frustratedThe effects of frustration and the Law Reform (Frustrated Contracts) Act 1943Evaluating the rules on discharge
Contract: RemediesContract
Criminal Law: Rules and TheoryCriminal
Topic overviewThe definition of crime and the purposes of criminal lawBurden and standard of proofThe Crown Prosecution Service, the Attorney General and the DPPBail and remand in custodyThe trial process, youth justice and appealsLaw and morality, law and justice in the criminal lawCodification and the case for reforming criminal law
Criminal Law: General Elements of LiabilityCriminal
Criminal Law: Offences Against the PersonCriminal
Topic overviewMurder: actus reus and mens reaVoluntary manslaughter: loss of controlVoluntary manslaughter: diminished responsibilityInvoluntary manslaughter: unlawful act and gross negligenceAssault and batteryActual bodily harm, wounding and grievous bodily harmEvaluating the law on homicide and non-fatal offences
Criminal Law: Property OffencesCriminal
Topic overviewTheft: appropriation and propertyTheft: belonging to anotherTheft: dishonesty and intention permanently to depriveRobbery under section 8 of the Theft Act 1968Burglary: entry, trespass and buildingsBurglary under sections 9(1)(a) and 9(1)(b), and aggravated burglaryEvaluating the law on theft, robbery and burglary
Criminal Law: DefencesCriminal
Criminal Law: Preliminary OffencesCriminal
Topic overviewAttempt: the statutory definition and its scopeThe actus reus: acts more than merely preparatoryApplying the more than merely preparatory test to the casesThe mens rea of attemptAttempting the impossibleAttempt, the completed offence and abandonmentEvaluating the law on attempts and proposals for reform
Tort: Remedies
Evaluating remedies in tort
- 3 things to know
- AS Unit 2
Overview
Recall questions on the once and for all rule, periodical payments, awards for non-pecuniary loss, the charge that damages entrench inequality, the discount rate, and the place of insurance.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Evaluation
Give the criticism that damages entrench inequality.
Evaluation
Give one argument that the discount rate is the most consequential figure in this area.
Questions from this subtopic
Each one with the model answer underneath.
- 1
Give the case that damages are an adequate response to personal injury.
Model answer
Money can replace lost earnings and pay for care, and no other remedy is available that a court could enforce.
- 2
Give the case that damages are an inadequate response.
Model answer
No sum restores health, and converting pain and lost years into a figure is a fiction the system performs because it has nothing better.
- 3
Why is the once and for all rule criticised?
Model answer
It requires a court to predict a lifetime of medical and financial change on the evidence available at trial, and the prediction is often wrong.
- 4
How do periodical payments answer that criticism?
Model answer
They remove the need to predict life expectancy and guarantee provision for as long as it is needed.
- 5
Why are periodical payments not used in every serious case?
Model answer
They depend on the long-term solvency of the payer and give the claimant less control, and many claimants prefer a capital sum.
- 6
Give the criticism that awards for non-pecuniary loss are too low.
Model answer
The figures for pain and loss of amenity are modest set against the permanence of the harm, and have not always kept pace with prices.
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