AQA A level Law for A level Year 1 and AS 1st Edition by Jacqueline Martin,Nicholas Price ISBN 1510401644 978-1510401648
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Product details:
ISBN 10: 1510401644
ISBN 13: 978-1510401648
Author: Jacqueline Martin,Nicholas Price
Exam Board: AQA
Level: AS/A-level
Subject: Law
First Teaching: September 2017
First Exam: June 2018
This title has been approved by AQA
Accurately cover the breadth of content in the new 2017 AQA A-level specification with this textbook written by leading Law authors, Jacqueline Martin and Nicholas Price.
This engaging and accessible textbook provides coverage of the new AQA A-level Law specification and features authoritative and up-to-date material on the important changes to the law.
– Book 1 covers all mandatory units for AS-level and for year 1 of a two-year course.
– Important, up-to-date and interesting cases and scenarios highlight key points.
– Discussion and activity tasks increase your understanding of more difficult concepts.
– Practice questions and ‘check your understanding’ questions to help your students prepare for their exams.
Authors:
– Jacqueline Martin LLM has ten years’ experience as a practising barrister and has taught law at all levels.
– Nicholas Price is an experienced teacher of Law and an A-Level Law textbook author.
Table of contents:
Acknowledgements
Preface
Tables of Legislation
Table of Cases
Introduction
The nature of law and the English legal system
Chapter 1 The nature of law
1.1 The character of a rule
1.2 Legal rules
1.3 Criminal and civil law
1.3.1 Criminal law
1.3.2 Civil law
1.3.3 Differences between criminal and civil law
1.4 Sources of law
1.4.1 Custom
1.4.2 Common law
1.4.3 Statute law
Chapter 2 The rule of law
2.1 Concept of the rule of law
2.2 Academic views
2.2.1 Dicey
2.2.2 Problems with Dicey’s views2.2.3 Other views
2.3 The rule of law and law making
2.4 The rule of law and the legal system
2.5 The rule of law and substantive law
Chapter 3 Law making: parliamentary law making
3.1 Parliament
3.1.1 House of Commons
3.1.2 House of Lords
3.2 Green and White Papers
3.3 The formal legislative process
3.3.1 Introducing an Act of Parliament
3.3.2 Role of the House of Commons
3.3.3 Role of the House of Lords
3.3.4 The parliamentary process
3.3.5 Commencement of an Act of Parliament
3.3.6 Example of an Act of Parliament
3.3.7 Advantages of law making in Parliament
3.3.8 Disadvantages of law making in Parliament
3.4 The influences on Parliament
3.4.1 Political influence
3.4.2 Public opinion/media
3.4.3 Pressure groups
3.4.4 Law reform bodies
3.5 The doctrine of parliamentary supremacy
3.5.1 Definition of parliamentary supremacy
3.5.2 Limitations on parliamentary supremacy
Chapter 4 Law making: delegated legislation
4.1 Types of delegated legislation4.1.1 Orders in Council
4.1.2 Statutory instruments
4.1.3 By-laws
4.2 Control of delegated legislation
4.2.1 Control by Parliament
4.2.2 The Legislative and Regulatory Reform Act 2006
4.2.3 Control by the courts
4.3 The reasons for the use of delegated legislation
4.3.1 Need for detailed law
4.3.2 Need for expert knowledge
4.3.3 Need for local knowledge
4.3.4 Need for consultation
4.4 Advantages and disadvantages of delegated legislation
4.4.1 Advantages
4.4.2 Disadvantages
Chapter 5 Law making: statutory interpretation
5.1 The need for statutory interpretation
5.2 The three rules
5.2.1 The literal rule
5.2.2 The golden rule
5.2.3 The mischief rule
5.3 The purposive approach
5.3.1 Literal approach versus purposive approach
5.4 Internal and external aids
5.4.1 Internal (intrinsic) aids
5.4.2 External (extrinsic) aids
5.5 The effect of EU law
5.5.1 Interpreting EU Law
5.6 The effect of the Human Rights Act 1998
5.7 Advantages and disadvantages of the different approaches to statutory interpretation
5.7.1 The literal rule
5.7.2 The golden rule
5.7.3 The mischief rule
5.7.4 The purposive approach
Chapter 6 Law making: judicial precedent
6.1 The doctrine of precedent
6.1.1 Original precedent
6.1.2 Binding precedent
6.1.3 Persuasive precedent
6.2 The hierarchy of the courts
6.2.1 Appellate courts
6.2.2 Courts of first instance
6.3 The Supreme Court (formerly the House of Lords)
6.3.1 The Practice Statement
6.3.2 Use of the Practice Statement
6.3.3 The Practice Statement in criminal law
6.3.4 The Supreme Court
6.4 The Court of Appeal
6.4.1 Decisions of courts above the Court of Appeal
6.4.2 The Court of Appeal and its own decisions
6.4.3 The Court of Appeal (Criminal Division)
6.5 Judgments: stare decisis, ratio decidendi, obiter dicta
6.5.1 Stare decisis
6.5.2 Ratio decidendi
6.5.3 Obiter dicta6.5.4 Law reporting
6.6 The operation of precedent
6.6.1 Following
6.6.2 Overruling
6.6.3 Distinguishing
6.7 Precedent and Acts of Parliament
6.8 Advantages and disadvantages of precedent
6.8.1 Advantages
6.8.2 Disadvantages
Chapter 7 Law making: law reform
7.1 The work of the Law Commission
7.1.1 Reform
7.1.2 Codification
7.1.3 Consolidation
7.1.4 Repeal
7.1.5 Implementation of the Law Commission’s proposals for reform
7.2 Advantages and disadvantages of reform through the Law Commission
7.2.1 Advantages
7.2.2 Disadvantages
Chapter 8 Law making: the European Union
8.1 Formation of the European Union
8.2 The institutions of the European Union
8.2.1 The Council of the European Union
8.2.2 The Commission
8.2.3 The European Parliament
8.3 The Court of Justice of the European Union
8.3.1. Key functions
8.3.2 Preliminary rulings
8.3.3 The operation of the Court of Justice of the European Union
8.4 Sources of European Union law
8.4.1 Treaties
8.4.2 Regulations
8.4.3 Directives
8.5 The impact of European Union law on the law of England and Wales
8.5.1 The effect of European law on the sovereignty of Parliament
Chapter 9 The legal system: the civil courts.
9.1 Civil cases
9.2 Civil courts
9.2.1 County Court
9.2.2 High Court
9.3 Starting a court case
9.3.1 Pre-action protocols
9.3.2 Which court to use
9.3.3 Issuing a claim
9.3.4 Defending a claim
9.4 The three tracks
9.4.1 Small claims
9.4.2 Fast track cases
9.4.3 Multi-track cases
9.5 Reform of the civil courts
9.5.1 The effect of the Woolf reforms
9.5.2 Further reforms
9.6 Appeal routes in civil cases
9.6.1 Appeals from the County Court
9.6.2 Appeals from the High Court
9.7 Advantages and disadvantages of using the courts
9.7.1 Advantages of using the courts
9.7.2 Disadvantages of using the courts
Chapter 10 Other forms of dispute resolution
10.1 Tribunals
10.1.1 Role of tribunals
10.1.2 Organisation of tribunals
10.1.3 Composition of tribunals
10.1.4 Procedure in tribunals
10.1.5 Advantages of tribunals
10.1.6 Disadvantages of tribunals
10.2 Alternative dispute resolution (ADR)
10.2.1 Negotiation
10.2.2 Mediation
10.3 Comparing courts and ADR
Chapter 11 Criminal courts
11.1 Classification of offences
11.1.1 Summary offences
11.1.2 Triable-either-way offences
11.1.3 Indictable offences
11.2 Magistrates’ Courts
11.2.1 Jurisdiction of the Magistrates’ Courts
11.3 Appeals from the Magistrates’ Court
11.3.1 Appeals to the Crown Court
11.3.2 Case stated appeals11.3.3 Further appeal to the Supreme Court
11.4 The Crown Court
11.5 Appeals from the Crown Court
11.5.1 Appeals by the defendant
11.5.2 Appeals by the prosecution
11.5.3 Further appeals to the Supreme Court
Chapter 12 Sentencing
12.1. Aims of sentencing
12.1.1 Retribution/punishment
12.1.2 Deterrence
12.1.3 Reform/rehabilitation
12.1.4 Protection of the public
12.1.5 Reparation
12.1.6 Denunciation
12.2 Powers of the criminal courts
12.2.1 Custodial sentences
12.2.2 Fines
12.2.3 Other powers
12.3 Sentences available for adults
12.3.1 Custodial sentences
12.3.2 Community orders
12.3.3 Fines
12.3.4 Discharges
12.3.5 Other powers of the court
12.4 Factors in sentencing
12.4.1 Aggravating factors in sentencing
12.4.2 Mitigating factors available in sentencing
12.4.3 Background of the offenderChapter 13 Lay people: lay magistrates
13.1 Lay magistrates
13.1.1 Qualifications
13.1.2 Area
13.1.3 Commitment
13.1.4 Restrictions on appointment
13.2 Appointment
13.2.1 Local advisory committees
13.2.2 Recruitment of magistrates
13.3 Composition of the bench today
13.4 The role and powers of magistrates
13.4.1 Youth Court
13.4.2 Family Court
13.4.3 Appeals
13.5 Training of lay magistrates
13.5.1 New magistrates
13.5.2 Training sessions
13.5.3 Appraisal
13.6 The magistrates’ clerk
Chapter 14 Juries
14.1 History of the jury system
14.1.1 The independence of the jury
14.2 Juries in criminal courts
14.2.1 Basic qualifications
14.2.2 Disqualification
14.2.3 Mentally disordered persons
14.2.4 The right to be excused jury service
14.2.5 Discretionary excusals
14.3 Selecting a jury
14.3.1 Vetting
14.3.2 Selection at court
14.3.3 Challenging
14.4 The jury’s role in criminal cases
14.4.1 Split function
14.4.2 Majority verdicts
14.4.3 Secrecy
14.5 Advantages of jury trial
14.5.1 Public confidence
14.5.2 Jury equity
14.5.3 Open system of justice
14.5.4 Secrecy of the jury room
14.5.5 Impartiality
14.6 Disadvantages of jury trial
14.6.1 Perverse decisions
14.6.2 Secrecy
14.6.3 Racial bias
14.6.4 Media influerice
14.6.5 Lack of understanding
14.6.6 Fraud trials
14.6.7 Jury tampering
14.6.8 High acquittal rates
14.6.9 Other disadvantages
14.7 Comparison of juries with lay magistrates
14.7.1 Cross-section of society
14.7.2 Local knowledge14.8 Alternatives to jury trial
14.8.1 Trial by a single judge
14.8.2 A panel of judges
14.8.3 A judge plus lay assessors
14.8.4 A mini-jury
Chapter 15 Legal personnel
15.1 Types of legal personnel
15.2 Barristers
15.2.1 Training
15.2.2 Role of barristers
15.3 Solicitors
15.3.1 Training
15.3.2 Role of solicitors
15.4 Overlap of roles of barristers and solicitors
15.4.1 Alternative Business Structures (ABS)
15.5 Queen’s Counsel
15.6 Legal executives
15.6.1 Training
15.6.2 Role of legal executives
15.7 Regulation of legal personnel
15.7.1 The General Council of the Bar
15.7.2 Bar Standards Board
15.7.3 The Law Society
15.7.4 Solicitors Regulatory Authority
15.7.5 Chartered Institute of Legal Executives
15.7.6 CILEx Regulation BoardChapter 16 The judiciary
16.1 Introduction
16.2 Types of judges
16.2.1 Superior judges
16.2.2 Inferior judges
16.3 Qualifications, selection and appointment
16.3.1 Qualifications
16.3.2 Selection
16.3.3 Appointment
16.4 Role of judges
16.4.1 Justices of the Supreme Court
16.4.2 Lords Justices of Appeal
16.4.3 High Court Judges
16.4.4 Inferior judges
16.5 Independence of the judiciary
16.5.1 Security of tenure of superior judges
16.5.2 Tenure of inferior judges
16.5.3 Immunity from suit
16.5.4 Independence from the executive
16.5.5 Independence from case
16.6 Reasons for judicial independence
16.7 Advantages of judicial independence
Chapter 17 Access to justice and funding
17.1 Access to justice
17.2 Sources of legal advice
17.2.1 Help lines
17.2.2 Citizens Advice Bureaux
17.2.4 Trade unions
17.2.5 Schemes run by lawyers
17.2.6 Advice in criminal cases
17.3 Private funding of cases
17.3.1 Own resources
17.3.2 Insurance
17.3.3 Conditional fee agreements
17.4 Public funding in civil cases
17.4.1 Availability of legal aid
17.4.2 Means testing
17.5 Public funding in criminal cases
17.5.1 Interests of justice
17.5.2 Magistrates’ Court means testing
17.5.3 Crown Court means testing
Criminal law
Chapter 18 Rules of criminal law
18.1 Defining a crime
18.1.1 The role of the state
18.1.2 Conduct criminalised by the judges
18.2 Elements of a crime
18.2.1 Actus reus
18.2.2 Mens rea
18.2.3 Strict liability offences
18.3 Rules of defence
18.4 Rules governing the standard of proof
18.5 Rules governing the burden of proofChapter 19 Actus reus
19.1 What is actus reus?
19.1.1 Conduct crimes
19.1.2 Consequence crimes
19.1.3 ‘State of affairs’ crimes
19.1.4 Voluntary nature of actus reus
19.1.5 ‘Involuntariness’
19.2 Omissions as actus reus
19.2.1 Exceptions to the rule
19.2.2 The duty of doctors
19.2.3 Comment on the law of omissions
19.3 Causation
19.3.1 Factual cause
19.3.2 Legal cause
19.3.3 Intervening acts
19.3.4 Medical treatment
19.3.5 Victim’s own act
19.3.6 Comment on the law on causation
Chapter 20 Mens rea
20.1 Levels of mens rea
20.2 Intention (specific intent)
20.2.1 Direct and oblique intent
20.2.2 Foresight of consequences
20.2.3 Comment on foresight of consequences as intention
20.2.4 Reform of the law on intention
20.3 Subjective recklessness
20.3.1 The case of Cunningham
20.3.2 Past problems in the law20.3.3 Comment on subjective recklessness
20.4 Negligence
20.5 Transferred malice
20.5.1 General malice
20.6 Coincidence of actus reus and mens rea
20.6.1 Continuing act
Chapter 21 No fault and strict liability
21.1 The concept of strict liability
21.1.1 Requirement of actus reus
21.2 Absolute liability
21.3 Strict liability
21.3.1 No fault
21.3.2 No ‘due diligence’ defence
21.3.3 No defence of mistake
21.3.4 Summary of strict liability
21.4 Strict liability at common law
21.5 Strict liability in statute law
21.6 Interpretation by the courts
21.6.1 Presumption of mens rea
21.6.2 Principle in Sweet v Parsley
21.6.3 The Gammon tests
21.6.4 Looking at the wording of an Act
21.6.5 Quasi-criminal offences
21.6.6 Penalty of imprisonment
21.6.7 Issues of social concern
21.6.8 Promoting enforcement of the law
21.7 Justification for strict liability
21.7.1 Policy issues
21.7.2 Social utility
21.7.3 Other justifications
21.8 Arguments against strict liability
21.8.1 Liable even though not blameworthy
21.8.2 Guilty even though unaware of risk
21.8.3 Does not improve standards
21.8.4 Contrary to human rights
21.8.5 Social stigma
21.9 Proposals for reform of strict liability
Chapter 22 Non-fatal offences against the person
22.1 Common assault
22.1.1 Definition of assault
22.1.2 Actus reus of assault
22.1.3 Definition of battery
22.1.4 Actus reus of battery
22.1.5 Mens rea of assault and battery
22.2 Section 47 OAPA: assault occasioning actual bodily harm
22.2.1 Actus reus of s 47
22.2.2 Mens rea of s 47
22.3 Section 20 OAPA: malicious wounding/inflicting grievous bodily harm
22.3.1 Wound
22.3.2 Grievous bodily harm
22.3.3 Inflicting grievous bodily harm
22.3.4 Mens rea of s 20
22.4 Section 18 OAPA: wounding or causing grievous bodily harm with intent
22.4.1 Actus reus of s 1822.4.2 Mens rea of s 18
22.5 Evaluation of the need for reform of the law on assault
22.5.1 Out of date
22.5.2 Inconsistency between offences
22.5.3 Need for modern, simplified language
22.5.4 The 1998 draft Bill
22.5.5 Law Commission Report 2015
22.5.6 Comment on the 2015 Report
Tort
Chapter 23 The rules of tort law
23.1 The principles of liability and fault in tort
23.1.1. The courts
23.1.2 Burden of proof
23.1.3 Fault
23.1.4 Strict liability
23.1.5 Defences
23.2 The rules and principles of liability in negligence and occupiers’ liability
23.2.1 Negligence
23.2.2 Occupiers’ liability
23.3 The rules underpinning remedies for these torts
Chapter 24 Liability in negligence: personal injury and damage to property
24.1 Duty of care
24.2 Breach of duty: the objective standard of care
24.3 Damage
24.4 Res ipsa loquitur
24.5 Defences to a negligence claim
Chapter 25 Occupiers’ liability
25.2 Lawful visitors and the Occupiers’ Liability Act 1957
25.3 Liability for trespassers: the Occupiers’ Liability Act 1984
Chapter 26 Remedy of compensatory damages
26.1 Compensatory damages for physical injury and damage to property
26.2 Mitigation of loss
26.3 Examples of damages awards
26.4 Injunctions
Practice questions
Glossary
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