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Law Revision Guides
A-Level Revision Aid: This resource is designed to support your revision and may contain errors. If you find a discrepancy with your class teaching, your teacher is correct — please let us know at alevelrevise@scott.scottrix.co.uk.

LW1: The English Legal System, Criminal and Tort Law

Year 1 / ASYear 2 / A-Level All Boards (AQA, Edexcel, OCR, WJEC, CCEA) AQA

Judicial precedent, statutory interpretation, criminal liability (Actus Reus & Mens Rea), tort of negligence (Duty, Breach, Damage).

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📋 Key Definitions and Core Concepts

Stare Decisis: The legal principle of adhering to established precedent in subsequent similar cases.
Mens Rea: The guilty mind or fault element required for criminal liability (intention or subjective recklessness).

🔍 Key Principles & Specification Requirements

  • Statutory interpretation rules: Literal rule, Golden rule, Mischief rule (Heydon's Case), Purposive approach.
  • Criminal liability: Actus Reus (conduct/result) + Mens Rea (intention/recklessness) without valid defence = Crime.
  • Negligence elements: 1. Duty of care (Caparo / Robinson test). 2. Breach (Blyth reasonable person standard). 3. Damage caused (Barnett 'but for' test) and not too remote (Wagon Mound).

💡 Worked Example Question

Exam-Style Question

Question:

Explain the 'but for' test of causation in tort law with reference to Barnett v Chelsea & Kensington Hospital.

Model Solution & Mark Scheme:

The 'but for' test establishes factual causation: but for the defendant's negligent breach of duty, would the claimant have suffered the harm? In Barnett, hospital staff negligently sent a sick patient home without examination. The patient died of arsenic poisoning. Evidence showed he would have died even with prompt medical treatment; hence negligence was not the factual cause.

❓ Practice Questions & Mark Schemes

Q1: Explain the significance of The English Legal System, Criminal and Tort Law in A-Level examination contexts.

Show Model Answer

Answer: Demonstrate clear conceptual understanding of The English Legal System, Criminal and Tort Law, defining core terminology and citing relevant principles or case examples.

Q2: Evaluate key arguments or methodologies concerning The English Legal System, Criminal and Tort Law.

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Answer: Contrast competing perspectives, discuss empirical evidence or theoretical limitations, and synthesize a balanced, well-reasoned conclusion.

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