A Level Law Q&A Bundle

Vaughan v Vaughan (1973) Dictionaries of the time - correct definition if molest Cheeseman v DPP Literal rule - Plain meaning of 'passenger' was someone passing through. Whiteley v Chappell Literal rule - The d was charged with 'impersonating any person entitled to vote' using the rule d was f...

What are the courts of first instance for civil cases? County Court and High Court In what act are the procedural rules set out for County Courts? County Courts Act 1984 What cases do County Courts have jurisdiction over? All small track, some fast track (up to £25,000) and multi track cases (dep...

Name the regulatory body for barristers, where it can refer cases to, and available sanctions The independent Bar Standards Board was set up and regulates the profession of barristers. It sets out training and entry standards; a code of conduct which barristers should comply with. It investigates an...

Role of Judge To make decisions in respect of disputes. They must do this in a fair, unbiased way, applying the law and the legal rules of England and Wales. Superior judges Justices of the Supreme Court. Lord Justices of Appeal (Court of Appeal). High Court Judges are split into 3 sections : Queen...

What are the basic qualifications for a jury? -aged between 18 and 75 -registered as a parliamentary or local government elector -a resident of the united kingdom for 5 years after your 13th birthday Why may someone be excused for having a lack of capacity? -might not be able to speak/understand En...

Powell v Kempton 1899 If a ring at a racecourse fell under the terms "house, office, room or other places" - decided not. R v Inhabitants of Sedgley 1831 If "lands, houses and coal mines: included other types of mine -decided it excluded application to others Muir v Keay 1875 "For public refre...

Legal rules Laws created by institutions within the legal system and enforced by the legal system Civil Law Private disputes between individuals and/or businesses Law A body of enforceable rules governing relationships among individuals and between individuals and their society. norms of behavior...

Define judicial precedent principle of rules made on past decisions which other judges must follow in future similar cases What does stare decisis mean? to stand by what has been decided What is ratio decidendi? The reason for decision. It is the binding part of the judgement. R v Dudley and Stev...

Killing by an omission? R v Gibbons and Proctor- starved child to death Guilty of murder although they had no intention to kill R v Vickes- man burgled shop opened by dead woman and beat her to death when she caught him Case that confirmed you can be guilty of murder without intention to kill R v ...

Actus reas of assault Apprehension of immediate unlawful violence Defined in Fagan v MPC Mens Rea of assault Intention or subjective recklessness to cause D to apprehend immediate unlawful violence. -Fagan v MPC Actus reas of battery Unlawful application of force -R v Ireland Mens Rea of battery ...

Crime Conduct which is prohibited by the state and has penal consequences Actus Reus A prohibited voluntary act or omission that causes harm to another Mens rea The mental element (guilty mind) or the fault element in an offence individual autonomy The capacity of a rational individual to make an...

What are the problems with parliamentary sovereignty ? 1. EU Law - decided to be bound/ can be unbound BREXIT 2. Human rights Act 1998 3. Devolution Act 1998 -devolved power to Ireland / Scotland What does s.3(1) of the CRA 2005 say ? Separation of powers What is parliamentary sovereignty ? Parlia...

Contemporaneity rule fagan v mpc [1969], thabo-meli v r [1954] Statutory duty of care s1 children & young persons act 1933 Strict liability r v prince [1875], r v blake [1997] Duty of care / special relationship r v gibbons & proctor [1918] Duty of care / assumption of care r v stone & dobinson ...

actus reus guilty act ADR alternative dispute resolution; one of the key Woolf reform recommendations appropriation any assumption by a person of the rights of an owner arbitration a form of ADR in which the parties choose an impartial third party to hear and decide the dispute assault where the...