AQA focused (but can be used for other exam boards, check your spec!) English legal System summarised but detailed notes for As and A*s. Everything from the role of the law to funding of cases. Includes notes on civil and criminal law.
Topic Question Explanation - Explanation – Confidence Confidence
Criminal Civil Before After
The Nature What is the To maintain law To settle private
of the Law purpose of and order, to disputes and to
the law? protect society protect the rights of
individuals
The Nature Who starts CPS and other The individual or
of the Law the case? state agencies that business (Claimant)
may prosecute that has suffered
certain types of
offence e.g
Environment
Agency
The Nature What is the Must be proved Must be proved on
of the Law Standard of ‘beyond ‘balance of
Proof? reasonable doubt’ probabilities’ -low
– high standard standard
The Nature What Magistrates’ Court County Court
of the Law Courts hear Crown Court High Court
cases?
The Nature What are Prison, Community Usually award for
of the Law the Powers order, Hospital damages but also
of the order, Fine, Driving injunctions
Court? ban
The Nature What is Law made by
of the Law Statute Parliament as an SAME AS
(sources of Law? Act of Parliament. CRIMINAL
law) Can be amended,
revoked. Can bring
together all existing
law into one area-
Consumer Rights
Act 2015
The Nature What is A rule of behaviour
of the Law Custom which develops in SAME AS CRIMINAL
(sources of Law? a community w/out
law) being deliberately
invented
The Nature What is Unwritten law that
of the Law Common developed from SAME AS CRIMINAL
(sources of Law? judicial decisions
law) e.g. murder, used
as precedent for
similar cases.
, Topic Question Explanation Confidence Confidence
Before After
The Rule What did Dicey He held that there were three key
of Law believe? elements: absence of arbitrary power
of the state, Everyone equal before
the law, the law must be supreme
The Rule What is State’s power controlled by the
of Law absence of law which limits state’s actions
arbitrary power
of the state?
The Rule What is meant No person above the law, no
of Law by everyone matter a person’s background,
must be equal everyone dealt the same.
before the law?
The Rule What is meant The law should be ultimate
of Law by the law must authority in society.
be supreme?
The Rule What are Conflicts with Parliamentary
of Law problems with supremacy, disregards the
Dicey’s views? differences between people in
terms of wealth, it is based on
abstract ideas thus difficult to
apply in real life.
The Rule What were Von Agreed with Dicey on absence of
of Law Hayek’s views? arbitrary power but thought rule of
law weakened as state directly
involved in regulating economic
activity.
The Rule What were There must be clear rules and
of Law Raz’s views? procedures for making laws,
independence of judiciary
guaranteed , open and fair
hearings, courts to have power to
review.
The Rule How are laws Acts of Parliament have to be
of Law made open and passed by both Houses
fair?
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