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AQA A level Law Paper 1 English legal system 2024 Exam Questions and Answers
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AQA A level Law Paper 1 English legal system 2024 Exam Questions and Answers
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AQA A level Law Paper 1 English legalsystem 2024
Exam Questions and Answers
What are the problems with parliamentary sovereignty ? -
Answer>> 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 ? - Answer>>
Separation of powers
What is parliamentary sovereignty ? - Answer>> Parliament can
make or unmake any law
Why does parliament have sovereignty ? - Answer>> Because
they are voted in
What is judicial review ? - Answer>> Judges can examine
public bodies for their decision to be fair
How is criminal law enforced ? - Answer>> Formally by the
police and courts
What does ambiguity mean ? - Answer>> Where a word has
two or more meanings and it may not be clear which meaning
should be used
What does changes in the use of language mean ? - Answer>>
The meaning of words can change over years
,What's the case for new developments ? - Answer>> Nursing v
DHSS
What is the literal rule ? - Answer>> The words have the
simplest meaning even if it leads to a weird result
What does Whitely v Chappell illustrate ? - Answer>> The literal
rule made the law absurd
What happened in Whitely v Chappell ? - Answer>> Offence to
impersonate 'any person entitled to vote' - defendant was not
guilty since a dead person is not in the literal meaning of the
words 'entitled to vote'
What happened in LNER v berriman ? - Answer>> Her claim for
compensation failed because a look out only be provided for
'relaying or repairing' not maintenance such as oiling
What is the difference between the broad and narrow approach
when using the golden rule ? - Answer>> The narrow approach
chooses out of the literal meanings whereas the broad meaning
can interpret the words
What happened in Re Allen ? - Answer>> Bigamist - defines
marriage as ceremony - narrow one meaning
What is statute ? - Answer>> These are a more common
source of law, can also be referred to as an act of parliament or
legislation. These are laws which parliament has debated and
voted on and has received royal assent
What is negligence? - Answer>> Don't have intention don't
foresee risk but failed to take precautions
,A failure to meet the standard of the reasonable man
What are the sentencing Council guidelines for offence category
one? - Answer>> Determining category - greater harm serious
injury higher culpability
Category range - 1 to 3 years custody
Starting point - One year and six months custody
What are the sentencing council guidelines for offence category
two? - Answer>> Determining category - greater harm and
lower culpability or lower harm and higher culpability
Category range - low level community order - 51 week custody
Starting point - 26 weeks custody
What are the sentencing Council guidelines for Offence category
three? - Answer>> Determining category - lesser harm and
lower culpability
Category range - Band A - high level community order
Starting point - medium community order
What is absolute liability? - Answer>> No MR and not voluntary
AR
Are social norms laws ? - Answer>> No they are expectations
and therefore are only deviant not criminal
How did the courts used to operate? - Answer>> Local assizes
at the principal towns of each country, where the main feature
until 1971.
Judges conducted trials dealing with serious offenders
Court verdicts were returned by juries of 12
, What is the difference between an intrinsic and extrinsic aid ? -
Answer>> Intrinsic aids are matters within the statute itself that
aid to make its meaning clearer
External aids that are matters outside the act
What extrinsic aid was used in Cheeseman v DPP ? -
Answer>> Dictionary
Was Hansard used in Davis v Johnson? - Answer>> Yes
What is the case for binding precedent ? - Answer>>
Schweppes ltd RRTA
What is the criminal court structure ? - Answer>> Supreme
Court
Court of appeal
QBD - divisional
Crown
Magistrates
What is the court structure ? - Answer>> Every court is bound
to follow the courts above and appellate courts and in general the
appellate courts are bound by their own decisions
How are laws enforced ? - Answer>> Formally by the police
and courts, agree to be right but has punishment
What is ratio decidendi ? - Answer>> Reason for deciding,
binding part of the decision
What does a broad term mean ? - Answer>> Words designed
to cover several possibilities.
Lead to problems - how wide should it go ?
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