AS law for AQA
AS law for AQA
Law of the United Kingdom and Ireland > England and Wales > KD663
Edition Details
- Creator or Attribution (Responsibility): Catherine Elliott
- Language: English
- Jurisdiction(s): New York (State)
- Publication Information: Harlow, England ; New York : Pearson Longman, 2008
- Publication Type (Medium): Problems, exercises, etc, Sources Problems, exercises, etc, Study guides
- Material: Internet resource
- Type: Book, Internet Resource
- Permalink: https://books.lawi.org.uk/as-law-for-aqa/ (Stable identifier)
Short Description
XXXIII, 621 pages : ILlustrations ; 25 cm
Purpose and Intended Audience
Useful for students learning an area of law, AS law for AQA is also useful for lawyers seeking to apply the law to issues arising in practice.
Research References
- Providing references to further research sources: Search
More Options
- Find it at other libraries via WorldCat/OCLC
- Find AS law for AQA in Google Books
- Find AS law for AQA in Open Library
Bibliographic information
- Publisher: Pearson Longman
- Responsable Person: Catherine Elliott and Frances Quinn.
- Publication Date: 2008
- Country/State: New York (State)
- Number of Editions: 2 editions
- First edition Date: 2001
- Last edition Date: 2008
- Languages: English
- Library of Congress Code: KD663
- Dewey Code: 347.410076
- ISBN: 9781405858861 1405858869
- OCLC: 222664618
Main Contents
Parliamentary law-making
Delegated legislation
Statutory interpretation
Judicial precedent
The civil courts and other forms of dispute resolution
Tribunals
Alternative methods of dispute resolution
Criminal courts
Magistrates
The jury
The legal profession
Paying for legal services
The judges
Elements of a crime : actus reus
Elements of a crime : mens rea
Non-fatal offences against the person
Strict liability in criminal law
Criminal procedure
Sentencing
Negligence
Civil procedure
Compensatory damages
Offer and acceptance
Intention to create legal relations
Consideration
Breach of contract
Compensatory damages.
Summary Note
‘AS Law for AQA’ is written specifically to cover the requirements of the AQA exam board and has been designed to be used by all levels and styles of learner with each being challenged and excited by their study.
Table of Contents
Brief contents
List of figures xii
List of tables xiii
Guided tour xiv
Preface xvi
Acknowledgements xvii
Table of cases xviii
Table of legislation 000
Unit 1
Law making and the legal system
Section A: Law making 3
Part 1
Parliamentary law-making 5
Chapter 1: Parliamentary law-making 6
Part 2 Delegated legislation 25
Chapter 2: Delegated legislation 26
Part 3 Statutory interpretation 39
Chapter 3: Statutory interpretation 40
Part 4
Judicial precedent 59
Chapter 4: Judicial precedent 60
Section B: The legal system 79
Part 5
The civil courts and other forms of dispute resolution 81
Chapter 5: The civil courts 82
Chapter 6: Tribunals 91
Chapter 7: Alternative methods of dispute resolution 101
Part 6 The criminal courts and lay people 115
Chapter 8: Criminal courts 116
Chapter 9: Magistrates 136
Chapter 10: The jury 152
Part 7
The legal profession and other sources of advice and funding 177
Chapter 11: The legal profession 178
Chapter 12: Paying for legal services 203
Part 8 The judiciary 231
Chapter 13: The judges 232
Unit 2
The concept of liability
Section A: Introduction to criminal liability 259
Part 9
Underlying principles of criminal liability 261
Chapter 14: Elements of a crime: actus reus 262
Chapter 15: Elements of a crime: mens rea 274
Chapter 16: Non-fatal offences against the person 285
Chapter 17: Strict liability in criminal law 312
Part 10
The criminal courts, procedure and sentencing 327
Chapter 18: Criminal procedure 328
Chapter 19: Sentencing 334
Section B: Introduction to tort 367
Part 11
Liability in negligence 369
Chapter 20: Negligence 370
Part 12
The civil courts, procedure and damages 427
Chapter 21: Civil procedure 428
Chapter 22: Compensatory damages 453
Section C: Introduction to contract 477
Part 13
Formation of contract 479
Chapter 23: Offer and acceptance 480
Chapter 24: Intention to create legal relations 510
Chapter 25: Consideration 518
Part 14
Breach of contract 527
Chapter 26: Breach of contract 528
Part 15
The civil courts, procedure and damages 533
Chapter 27: Compensatory damages 534
Appendix 1: Answering examination questions 565
Appendix 2: A guide to law reports and case references 571
Select bibliography 574
Glossary 582
Answers to exercises 590
Index 608Detailed contents
List of figures xii
List of tables xiii
Guided tour xiv
Preface xvi
Acknowledgements xvii
Table of cases xviii
Table of legislation 000
Unit 1
Law making and the legal system
Section A: Law making 3
Part 1
Parliamentary law-making 5
Chapter 1: Parliamentary law-making 6
Introduction 6
Influences on Parliament 6
Making an Act of Parliament 10
The supremacy of Parliament 14
Advantages of parliamentary law-making 16
Disadvantages of parliamentary law-making 16
Chapter summary 18
Question and answer guides 20
Group activities 23
Part 2
Delegated legislation 25
Chapter 2: Delegated legislation 26
Introduction 26
The power to make delegated legislation 27
Why is delegated legislation necessary? 28
Control of delegated legislation 28
Criticism of delegated legislation 32
Chapter summary 33
Question and answer guides 34
Group activities 36
Part 3
Statutory interpretation 39
Chapter 3: Statutory interpretation 40
Introduction 40
What is parliamentary intention? 40
Statutory interpretation and case law 41
Rules of interpretation 41
Aids to interpretation 46
How do judges really interpret statutes? 52
Chapter summary 53
Question and answer guides 54
Group activities 57
Part 4
Judicial precedent 59
Chapter 4: Judicial precedent 60
Introduction 60
Case names 61
The law reports 61
The hierarchy of the courts 61
How judicial precedent works 68
How do judges really decide cases? 69
Advantages of binding precedent 71
Disadvantages of binding precedent 72
Chapter summary 74
Question and answer guides 75
Group activities 77
Section B: The legal system 79
Part 5
The civil courts and other forms of dispute resolution 81
Chapter 5: The civil courts 82
Civil or criminal? 82
The civil court 82
Appeals in civil cases 83
Criticism and reform of the appeal system 85
Chapter summary 89
Question and answer guides 90
Group activities 90
Chapter 6: Tribunals 91
Introduction 91
History 92
Tribunals today 93
Advantages of tribunals 96
Disadvantages of tribunals 97
Chapter summary 99
Question and answer guides 100
Group activities 100
Chapter 7: Alternative methods of dispute resolution 101
Introduction 101
Problems with court hearings 101
Alternative dispute resolution mechanisms 102
Examples of ADR 103
Commercial arbitration 105
Advantages of ADR 106
Problems with ADR 107
The future for ADR 108
Chapter summary 109
Question and answer guides 111
Group activities 113
Part 6
The criminal courts and lay people 115
Chapter 8: Criminal courts 116
Introduction 116
Classification of offences 116
Mode of trial 118
The Crown Prosecution Service 119
The trial 119
The trial of young offenders 120
Appeals in criminal law cases 122
Criticism and reform of the appeal system 130
Chapter summary 133
Question and answer guide 134
Group activities 135
Chapter 9: Magistrates 136
Introduction 136
Selection and appointment 137
Background 138
Training 140
Magistrates+ criminal powers 140
The justices+ clerk and legal advisers 142
Lay magistrates versus professional judges 143
Chapter summary 147
Question and answer guides 148
Group activities 150
Chapter 10: The jury 152
Introduction 152
Role of the jury 152
The secrecy of the jury 154
The verdict 155
Qualification for jury service 155
Summoning the jury 157
Jury vetting 157
Challenges 158
Advantages of the jury system 159
Disadvantages of the jury system 162
Reform of the jury 167
Chapter summary 171
Question and answer guides 172
Group activities 175
Part 7
The legal profession and other sources of advice and funding 177
Chapter 11: The legal profession 178
Introduction 178
Solicitors 178
Barristers 181
Background of barristers and solicitors 185
Performance of the legal professions 189
The future of the profession 192
Fusion of the professions 195
Legal executives 197
Chapter summary 199
Question and answer guides 200
Group activities 202
Chapter 12: Paying for legal services 203
Introduction 203
State-funded legal services 203
The schemes 204
The Access to Justice Act: an assessment 213
Conditional fee agreements 217
Lord Carter+s reforms 223
Chapter summary 226
Question and answer guides 227
Group activities 229
Part 8
The judiciary 231
Chapter 13: The judges 232
The role of the judges 232
Judicial hierarchy 233
Appointments to the judiciary 235
Wigs and gowns 240
Training 240
Pay 240
Termination of appointment 242
Independence of the judiciary 243
Criticisms of the judiciary 248
Chapter summary 251
Question and answer guides 252
Group activities 254
Unit 2
The concept of liability
Section A: Introduction to criminal liability 259
Part 9
Underlying principles of criminal liability 261
Chapter 14: Elements of a crime: actus reus 263
Introduction 263
Actus reus 263
Chapter summary 272
Question and answer guide 273
Group activity 273
Chapter 15: Elements of a crime: mens rea 274
Introduction 274
Intention 274
Subjective recklessness 279
Transferred malice 281
Mens rea and motive 281
Coincidence of actus reus and mens rea 282
Chapter summary 283
Question and answer guide 284
Group activity 284
Chapter 16: Non-fatal offences against the person 285
Assault 285
Battery 288
Offences Against the Person Act 1861, s. 47 289
Offences Against the
Person Act 1861, s. 20 291
Offences Against the Person Act 1861, s. 18 295
Problems with offences against the person 296
Reform 301
Stalking 305
Chapter summary 306
Question and answer guides 307
Group activity 311
Chapter 17: Strict liability in criminal law 312
Introduction 312
Which crimes are crimes of strict liability? 312
The effect of mistake 316
Arguments in favour of strict liability 317
Arguments against strict liability 318
Reform 321
Chapter summary 322
Question and answer guides 323
Group activity 325
Part 10
The criminal courts, procedure and sentencing 327
Chapter 18: Criminal procedure 328
Classification of the non-fatal offences 328
Pre-trial matters 328
Sending for trial 330
Chapter summary 331
Question and answer guides 332
Group activities 332
Chapter 19: Sentencing 334
The Criminal Justice Act 2003 334
Aims of sentencing 334
Sentencing practice 338
Aggravating and mitigating factors 339
Sentences available for adult offenders 340
Problems with sentencing 358
Chapter summary 362
Question and answer guides 363
Group activities 366
Section B: Introduction to tort 367
Part 11
Liability in negligence 369
Chapter 20: Negligence 370
Introduction 370
The duty of care 370
Duties of care 375
Breach of a duty of care 382
The standard of reasonableness 383
Damage 394
Causation 397
The +but for+ test 397
Multiple causes 399
Intervening events 406
Proving negligence 412
Criticisms of negligence law 415
Compensating VIctims of harm 415
Marking fault 417
Deterring carelessness 418
Spreading risk 418
Individualism and negligence 419
An economic solution? 419
Chapter summary 420
Question and answer guides 422
Group activity 425
Part 12
The civil courts, procedure and damages 427
Chapter 21: Civil procedure 428
The civil justice system 428
The civil courts 429
Dealing with cases +justly+ 429
Problems with the civil court system 439
Chapter summary 450
Question and answer guides 452
Group activities 452
Chapter 22: Compensatory damages 453
Damages 453
Compensatory damages 454
Compensation for personal injury 458
Fatal accidents 468
Problems with damages 469
Chapter summary 471
Question and answer guides 472
Section C: Introduction to contract 477
Part 13
Formation of contract 479
Chapter 23: Offer and acceptance 480
Introduction 480
Unilateral and bilateral contracts 480
Offer 481
Invitations to treat 482
How long does an offer last? 486
Acceptance 492
Acceptance must be communicated 496
Exceptions to the communication rule 496
Ignorance of the offer 500
Cross-offers 501
Time of the formation of the contract 502
Offer and acceptance implied by the court 502
How important are offer and acceptance? 503
Problems with offer and acceptance 503
Chapter summary 506
Question and answer guides 509
Chapter 24: Intention to create legal relations 510
Introduction 510
Social and domestic agreements 510
Commercial agreements 512
How important is intention to create legal relations? 516
Chapter summary 516
Question and answer guide 517
Chapter 25: Consideration 518
Introduction 518
What is consideration? 518
Promisor and promisee 519
Consideration need not benefit the promisor 519
+Executory+ and +executed+ consideration 520
Consideration must not be past 520
Consideration must be sufficient 522
Consideration must be of economic value 523
Consideration can be a promise not to sue 523
Chapter summary 525
Question and answer guide 526
Part 14
Breach of contract 527
Chapter 26: Breach of contract 528
Introduction 528
Breach 528
Actual breach 528
Anticipatory breach 529
Effect of breach 530
Chapter summary 530
Question and answer guide 531
Part 15
The civil courts, procedure and damages 533
Chapter 27: Compensatory damages 534
Introduction 534
Pecuniary loss 534
Non-pecuniary loss 535
Limitations on awards of damages 538
Calculating loss 545
Qualifying the expectation loss 547
Tax 551
Profit made by the defendant 552
Problems with damages 557
Chapter summary 559
Question and answer guides 562
Appendix 1: Answering examination questions 565
Appendix 2: A guide to law reports and case references 571
Select bibliography 574
Glossary 582
Answers to exercises 590
Index 608
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