A Level Law

The aim of the English Legal System is to maintain order but also provide families with justice and fairness. Everyone is affected by the same law whatever power they hold and whilst Parliament create laws, it is down to the judges to interpret these. This topic explores how laws are created, the structure and function of the civil and criminal courts and alternative methods of dispute resolution.

• Nature of law
• Law and society
• Law and morality
• Law and justice
• The rule of law
• Parliamentary law making
• Delegated legislation
• Statutory interpretation
• Judicial precedent
• Law reform
• The European Union
• The civil courts and other forms of dispute resolution
• The criminal courts and lay people
• Legal personnel and the judiciary
• Access to justice and funding.

Criminal law covers serious offences such as murder and manslaughter but also covers non-fatal offences. For example, assault, grievous bodily harm or theft. All of these are behaviours that are harmful to society which is why individuals are to be held accountable for them. In this topic, you will learn:

• The rules of criminal law
• Theory in criminal law
• General elements of liability
• Fatal offences against the person
• Non-fatal offences against the person
• Property offences
• Preliminary offence
• Defences

Tort law establishes when an offence has been committed and whether a person is legally responsible for harm suffered by another. For example, a driver could be caught speeding and crashes into another car. This driver would be liable in tort and may have to pay compensation. In this topic, you will cover:

• The rules of tort law
• Theory of tort law
• Liability in negligence for physical injury to people and damage to property
• Liability in negligence for economic loss and psychiatric injury
• Occupiers’ liability
• Nuisance and the escape of dangerous things
• Vicarious liability
• Defences
• Remedies

For this topic, you will choose which option you want to do between Law of Contract and Human Rights. Law of Contract is an agreement between two parties to ensure that rules are upheld. Human Rights protect the rights and freedoms of the individual.

Within England and Wales, individuals must abide by rules which have been created by Parliament, the Courts and Government bodies. Laws help to keep everything fair and everyone safe. Laws affects almost everything from driving, buying a property, working to dealing with crime and disputes. The legal system affects us all and here are some examples:

• If you are driving above the speed limit, you are breaking a traffic law that police have enforced. Courts will decide on the penalty you receive.
• If you but a faulty product, civil law allows you to seek compensation.

In this topic, you will cover:

• Principles and sources of English law
• Machinery of justice
• Legal personnel

Behaviour that is considered harmful to society is dealt with under Criminal Law. Criminal Law determines what counts as a crime, how the offender is punished and what rights both the victim and defendant have. For someone to be guilty of a crime, two things must happen: Actus reus (the action) and Mens rea (the intention). This topic will also look at crimes against property. This can include theft, robbery, burglary, fraud and criminal damage. These laws are intended to protect individual’s belongings and security. Finally, you will look at sentencing and the severity will depend on the crime, offender and the law’s aims. Criminal law keeps communities safe, holds people accountable for their actions and ensures fair treatment for defendants.

• Elements of a crime
• Offences against property
• Sentencing in England and Wales

The law of contract governs agreements between people or businesses. A contract is legally binding and protects both parties if the agreement is broken. This topic will help you understand how contracts are formed and ended. If a contract is broken, you will cover remedies to restore fairness and you will see why contract law matters in real life.

• Formation of a valid contract
• Contents of a contract
• Discharge of a contract
• Remedies for breach of a contract

Law of tort deals with civil wrongs where someone’s actions (or failure to act) can cause harm, loss or injury to another person. Tort law is different to criminal law as it is about compensation and responsibility, not punishment. In this topic you will cover negligence such as duty of care, breach of duty, causation and remoteness. You will gain an understanding of torts affecting land i.e. occupiers’ liability and you will cover torts affecting the person. Finally, you will look at the reasons why tort law matters in real life.

• The tort of negligence
• Torts affecting land
• Torts affecting the person
• General defences and remedies

1.1 The nature, purpose of and liability in law

This topic will cover the key distinctions between rules and laws highlighting the penalty for breaking either. You will gain an understanding of different views such as natural law, legal positivism and law & justice. You will also understand the term liability and how someone has a legal responsibility.

• The distinction between rules and law – definitions, differences, examples
• The role, function and benefits of law in society
• Legal theories of law and justice – understanding the theorists relating to each theory together with examples and application
• The relationship between law and morality and relevant theorists

1.2 The sources of English law, its enforcement and administration

English Law is how we govern behaviour, resolve disputes and maintain order. This topic will tell us where law comes from, how it is applied and enforced and who is involved in the legal system.

• Legislation
• Delegated legislation
• Judicial law making
• EU law and its institutions
• Methods of civil dispute resolution and Alternative Dispute Resolution (ADR) – definition, advantages and disadvantages
• Role, selection and appointment of people in law – advantages and disadvantages
• The costs of going to law

2.1 The market

People who buy goods and services must rely on law in order to run fairly. Contract law enforces agreements and negligence provides protection when harm occurs without a contract.

• The law of contract
• Liability in negligence as an alternative to contract

2.2 The criminal offender

If someone breaks the law in a way that harms society, they are a criminal offender. Criminal Law determines when someone is legally responsible for breaking the law along with deciding the punishment they should receive.

• The nature of criminal liability
• Property offences
• General defences
• Sanctions and sentencing

2.3 The individual

The individual in Law refers to a person in society and their legal rights and responsibilities. The Law not only protects individuals from harm but it also protects them from unfair treatment or abuse of power. Individuals have rights such as freedom of speech and privacy.

• Freedom of speech and defamation
• Human Rights Act 1998
• Right to privacy
• Occupiers’ liability