LAW A LEVEL

Why Study Law?

“In law, nothing is certain but the expense.”

Samuel Butler (1612-1680) British poet and satirist.

Ashbourne’s Humanities Department

The department is led by Dennis Fulcher. Dennis has vast experience, spanning more than twenty years, and as Head of Humanities, he has a strong command of several subject areas. Originally a graduate in sociology, Dennis has also completed a Masters in Government and Political Studies, a Post Graduate Certificate in Education and a Diploma in Print Journalism. Dennis joined Ashbourne nine years ago and has headed the department for the past seven. The department has enjoyed an outstanding record of success under Dennis’s stewardship. Dennis has taught in both the state and the independent sectors at all levels including graduate and post graduate levels. The responsibility for teaching Law and therefore the person to whom the credit should go for our law results is Sean Brennan. Sean holds llb from Liverpool and an MA from the University of Sheffield. Sean has an amazing capacity for understanding and communicating the intricacies and nuances of points of law.

Examination Board

Students at Ashbourne follow the OCR specification because of the combination of breadth offered at AS and depth offered at A2 in either Criminal Law, Contract Law or Tort

Units

AS Unit G151: English Legal System

This unit is based on areas of knowledge and understanding of the English legal system. Candidates are expected to have knowledge and understanding of, for example, civil and criminal courts, police powers, the penal system and the judiciary.

This unit is concerned only with the law applicable in England and Wales, which includes, as far as the chosen topics of study are concerned, the impact of European Union law on domestic law and legal institutions.

Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes. While candidates are encouraged to be aware of the changing nature of law, they are not required to be familiar with innovations coming into effect in the twelve months immediately preceding the examination.

1. Civil courts and other methods of dispute resolution

County Court and High Court; jurisdiction at first instance; small claims; fast track; multi-track. Appeals and appellate courts. Problems of using the courts. Alternative to the courts (dispute resolution) Arbitration; conciliation; mediation.

2. Criminal process

Police powers to stop and search; powers of arrest; powers of detention and the treatment of suspects at the police station. Balance of individual rights and the need for investigative powers. Criminal courts Criminal courts Pre-trial matters: bail, plea before venue, mode of trial. Jurisdiction of Magistrates' Courts and Crown Courts at first instance. Appeals and appellate courts. Prosecution and defence rights of appeal.

3. Penal system

Principles of sentencing Aims of sentencing; purpose and effect of sentences; reoffending rates. Powers of the courts An understanding of different types of sentences, eg custodial, community, fines and discharges; compensation and other powers.

4. Judiciary

Selection and appointment; social background; training; tenure; independence; role. The theory of the separation of powers.

5. The legal profession

Barristers Training, work and organisation. Solicitors Training, work and organisation. Regulation and complaints.

6. Lay people in the legal system

Lay magistrates Selection and appointment; social background; training; role (including the role of the magistrates’ clerk); evaluation and criticism. Juries Qualifications of jurors; selection of jury panels; role in criminal and civil cases; evaluation and criticism. Alternatives to jury.

7. Provision of legal services

Government funding Legal Services Commission; Community Legal Service; Criminal Defence Service; Public Defender Service; funding of civil and criminal cases; advice schemes in civil and criminal cases.

8. Access to justice.

Advice agencies Purpose and role of Citizens’ Advice Bureaux; law centres; other advice agencies. Private funding of cases; Conditional fees (Personal observation of the administration of the law, as by visits to courts and to solicitors’ offices, will be of assistance in preparation for the examination for this unit.)

AS Unit G152: Sources of Law

This unit is based on areas of knowledge and understanding of the English legal system. Candidates are expected to have knowledge and understanding of precedent, legislation, European Union law, and law reform. This unit is concerned only with the law applicable in England and Wales, which includes, as far as the chosen topics of study are concerned, the impact of European Union law on domestic law and legal institutions. Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes. While candidates are encouraged to be aware of the changing nature of law, they are not required to be familiar with innovations coming into effect in the twelve months immediately preceding the examination.

1. Doctrine of precedent

Mechanics of precedent Precedent as operated in the English Legal System; stare decisis; obiter dicta, ratio decidendi; hierarchy of the courts; binding and persuasive precedent; overruling; reversing; distinguishing.

Law-making potential Original precedent; the Practice Statement 1966; distinguishing; the role of the judges.

2. Legislation Acts of Parliament

Green Papers, White Papers, legislative stages in Parliament.

Delegated legislation Orders in Council; statutory instruments; bylaws; control of delegated legislation including Parliamentary Scrutiny

Committees and Judicial Review; reasons for delegating legislative powers.

Statutory interpretation: Literal rule, Golden rule, Mischief rule, purposive approach; rules of language; presumptions; intrinsic and extrinsic aids; effects of membership of the European Union on interpretation.

3. European Union law

Institutions: Role of the Council, Commission, Parliament and the European Court of Justice, including Article 234 references.

Primary and secondary sources Treaties, regulations, directives and decisions; their implementation and enforcement; the impact of European Union law on domestic legal institutions and law.

4. Law reform

Impetus for law reform The role of Parliament; the role of the judges; effect of public opinion and pressure groups. Law reform agencies: The role of the Law Commission; Royal Commissions and other agencies in outline.

A2 Unit G153: Criminal Law

Candidates are expected to demonstrate knowledge and understanding of the principles of criminal law and to develop a critical awareness of the present state of criminal law in relation both to the scope of specific crimes and the applicability of particular defences. They are expected to have a general appreciation of the role of criminal law in modern society and to be able to relate this to specific issues, e.g. whether it is justifiable to have crimes of strict liability. Candidates are required to demonstrate some synoptic thinking. This is achieved by relevant reference to precedent and/or statutory materials including the development of law and comments on justice or morality where appropriate. It is also achieved by relevant use of precedent and/or statutory materials in the application of legal reasoning to given factual situations, including comment on the justice or morality of the outcome where appropriate. This unit is concerned only with the law applicable in England and Wales, which includes, as far as the chosen topics of study are concerned, the impact of European Union law on domestic law and legal institutions.

Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes. While candidates are encouraged to be aware of the changing nature of law, they are not required to be familiar with innovations coming into effect in the twelve months immediately preceding the Examination.

1. Principles of criminal liability

Actus reus General principles of proof of positive acts before liability may be incurred; omissions as actus reus in certain duty situations; principles of causation; ‘sine qua non’; factors affecting the chain of causation.

Mens rea General principles of intention; direct intent; oblique intent; specific intent; recklessness; foresight of consequences; transferred malice.

Strict liability Principles of strict/absolute liability; statutory nature; interpretation by courts; policy issues; social utility; no negligence – due diligence defences.

2. Attempted crimes

Attempts Statutory definition; mens rea and actus reus; meaning of ‘more than merely preparatory’; attempts to do the impossible.

3. Offences against the person

Murder The actus reus and mens rea required; defences of diminished responsibility and provocation. Involuntary manslaughter Constructive (unlawful act) manslaughter; gross negligence manslaughter; reckless manslaughter.

4. General defences

Insanity M’Naghten rules; effects of insanity as a defence. Automatism Definition of automatism; self-induced automatism; distinctions between insane and non-insane automatism. Duress, necessity Scope and nature of these as defences; self-induced duress; duress of circumstances; limits to their availability. Intoxication Voluntary intoxication and its effect on liability for different offences; involuntary intoxication; specific/basic intent dichotomy; intoxicated mistake; public policy issues.

5. Non-fatal offences against the person

Assault and battery; actual bodily harm; wounding; grievous bodily harm; proposals for reform. Defences Self-defence/defence of another/prevention of crime; degree of force; mistaken use of force in self-defence. Consent and imitations on this defence.

6. Offences against property

Theft Actus reus and mens rea; issues surrounding meaning of appropriation and dishonesty. Other offences: Robbery; burglary.

A2 Unit G154: Criminal Law Special Study

This unit is based on pre-released materials: a special study booklet sent out to centres at the beginning of the course, which provides a starting point for study of the topics set. Each booklet contains source material, such as extracts from judgements or Acts of Parliament or academic articles on a specific area(s) of criminal law. In this way the source material will indicate the area(s) of substantive law that will be tested. Candidates are expected to demonstrate understanding of the area(s) of law and the development of law and to use legal methods and reasoning to analyse legal material, to select appropriate legal rules and apply these in order to draw conclusions.

Candidates will be expected to draw together knowledge of legal processes and/or legal issues and make connections between these and the substantive law. This unit is concerned only with the law applicable in England and Wales, which includes, as far as the chosen topics of study are concerned, the impact of European Union law on domestic law and legal institutions.

Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes. While candidates are encouraged to be aware of the changing nature of law, they are not required to be familiar with innovations coming into effect in the twelve months immediately preceding the examination.

Possible University Degree Programmes Suited to A-level Law.


This subject is suited to a would-be lawyer, although it should be stressed that it is not necessary to study the subject at A Level in order to read it at university. More generally, the intellectual discipline, historical understanding and essay-writing skills developed by this A Level are invaluable to anyone interested in taking a Humanities degree at university.