All 13 Law topics for Cambridge International AS & A Level, grouped the way the exam is. Each topic has a few flashcards to test yourself; the full sets are free in Socrates AI.
What is the difference between civil and criminal law?
Criminal law deals with offences against the state, prosecuted by the state; civil law deals with disputes between individuals or organisations.
What is the standard of proof in criminal cases?
Beyond reasonable doubt.
What is the standard of proof in civil cases?
On the balance of probabilities.
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What is an Act of Parliament?
A law passed by Parliament, also called a statute.
What is a Green Paper?
A consultation document setting out proposals for possible new law.
What is a White Paper?
A document setting out the government's firm proposals for a new law.
What is statutory interpretation?
The process by which judges decide the meaning of words in an Act of Parliament.
What is the literal rule?
Words are given their plain, ordinary, dictionary meaning, even if the result is absurd.
Give a case illustrating the literal rule.
Whiteley v Chappell (1868): impersonating a dead person was not impersonating 'a person entitled to vote', so no offence.
What is judicial precedent?
The system where judges follow the decisions of earlier cases in higher (or the same) courts in similar cases.
What is stare decisis?
'Stand by what has been decided': the principle that like cases are decided alike.
What is the ratio decidendi?
The legal reason for the decision in a case, which binds lower courts.
Which court tries most criminal cases?
The Magistrates' Court (over 90%).
What are the three categories of criminal offence?
Summary offences, triable-either-way offences and indictable offences.
Where are indictable offences tried?
In the Crown Court before a judge and jury.
What are the two main types of lawyer in England and Wales?
Solicitors and barristers.
What is the main work of a solicitor?
Advising clients, drafting documents, conveyancing, and representing clients mostly in lower courts.
What is the main work of a barrister?
Advocacy in court and giving specialist legal opinions.
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What are the two elements of a crime?
Actus reus (guilty act) and mens rea (guilty mind).
What is actus reus?
The physical element of a crime: a voluntary act, omission, or state of affairs.
When is an omission an actus reus?
When there is a duty to act, e.g. statutory, contractual, relationship, voluntary assumption or creating a dangerous situation.
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What is assault?
Causing the victim to apprehend immediate unlawful force.
What is battery?
The application of unlawful force to another person.
Under which Act are assault and battery charged?
Section 39 of the Criminal Justice Act 1988 (common law offences).
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What is a defence?
A reason the law recognises for the defendant not being guilty, or being guilty of a lesser offence.
What is self-defence?
Using reasonable force to protect oneself or others, or to prevent crime.
How is reasonable force judged in self-defence?
On the facts as D honestly believed them, but whether the force was reasonable is judged objectively.
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What is a contract?
A legally binding agreement between two or more parties.
What are the essential elements of a valid contract?
Offer, acceptance, consideration, intention to create legal relations, and capacity.
What is an offer?
A clear, definite proposal to enter a contract on certain terms, capable of acceptance.
What is the difference between express and implied terms?
Express terms are stated by the parties; implied terms are included by statute, the courts or custom.
What is a condition?
An essential term; breach allows the innocent party to end the contract and claim damages.
What is a warranty?
A minor term; breach only allows a claim for damages.
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What is a tort?
A civil wrong, other than breach of contract, for which the claimant can seek a remedy such as damages.
What must a claimant prove in negligence?
A duty of care was owed, it was breached, and the breach caused damage that is not too remote.
What is the neighbour principle?
Lord Atkin's rule in Donoghue v Stevenson (1932): take reasonable care to avoid acts or omissions you can reasonably foresee would injure your neighbour.
What is occupiers' liability?
The liability of occupiers for harm caused to people on their premises.
Which Act covers lawful visitors?
The Occupiers' Liability Act 1957.
Which Act covers non-visitors such as trespassers?
The Occupiers' Liability Act 1984.
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