What law is for and how it relates to society, morality and justice, including the Hart-Devlin debate and the rule of law. Sat by everyone, as part of the 25 marks each paper gives to the nature of law and the English legal system.

• Distributive and Corrective Justice14
• Theories of Justice: Rawls, Nozick and Marx20
• What Law Does in Society17
• How Law and Morality Are Enforced11
• Moral Diversity in a Pluralist Society10
• The Hart-Devlin Debate18
• Procedural Justice and Utilitarianism17
• The Rule of Law: Core Requirements15
• Law, Rights and the Resolution of Disputes15
• Fault and Strict Liability9
• Where Law and Morality Overlap12
• Wolfenden and R v Brown9
• Aristotle on Justice14
• Justice through Civil and Criminal Law15
• Equality, Fairness and Clarity before the Law17

The EU institutions, the supremacy of EU law and direct effect, and what membership meant for the courts of England and Wales.

• The Institutions of the European Union18
• Supremacy and Direct Effect13
• The Council and the Commission19

What barristers, solicitors and legal executives do, the work of judges at each level, and the independence and appointment of the judiciary.

• Barristers and Solicitors15
• The Role of Judges in the Civil Courts20
• Rights of Audience and Legal Documentation18
• The Judges and Their Courts15
• Judicial Independence and Appointments14

How people get legal help: advice agencies, law centres, trade unions, conditional fee agreements and the criminal legal aid scheme.

• Sources of Legal Advice and Help16
• Advice Agencies and Union Representation10
• Criminal Legal Aid and the Interests of Justice13

The route from Green Paper to Royal Assent, and the influences, public opinion, party, government and the Law Commission, that shape what Parliament passes.

• Green Papers, White Papers and Royal Assent11
• Influences on Parliament14
• Pressure Groups and Law Making11

Statutory instruments, Orders in Council and by-laws: why Parliament delegates, and the parliamentary and judicial controls on the power it hands over.

• Delegated Legislation and Orders in Council10
• Parliamentary Control of Delegated Legislation16
• Why Delegated Legislation Is Used17

The literal, golden and mischief rules and the purposive approach, the aids a judge may use, and the pull of European and human rights law on how statutes are read.

• The Literal and Golden Rules10
• The Mischief Rule and the Purposive Approach10
• Intrinsic and Extrinsic Aids13
• European and Human Rights Influence on Interpretation17
• The Advantages of the Mischief Rule17

Binding and persuasive precedent, the hierarchy of the courts, and the ways a court may avoid a precedent by overruling, distinguishing or departing from it.

• Precedent and the Court Hierarchy16
• Overruling, Distinguishing and Departing19

The Law Commission and how it works, from selecting a topic to consultation and report, and the codification and consolidation of existing law.

• The Law Commission14
• Codification and Consolidation9
• The Law Commission's Reform Process19

The County Court and the divisions of the High Court, the routes of civil appeal, and the tribunals and other means of settling a dispute without trial.

• The Civil Courts and Their Jurisdiction17
• Civil Appeals8
• Tribunals and Alternative Dispute Resolution14

How offences are classified and where each is tried, the powers of the criminal courts and the aims and forms of sentencing for adult offenders.

• The Classification of Criminal Offences16
• The Magistrates' Court and Its Jurisdiction11
• Judge and Jury in the Crown Court18

Who magistrates and jurors are, how they are selected and what each decides, with the arguments for and against leaving verdicts to lay people.

• Who the Magistrates Are19
• Jury Selection and Eligibility9
• The Case for Trial by Jury12
• Juries: Representation, Secrecy and Equity17

The building blocks of criminal liability and the theory beneath them: the harm principle, autonomy and why the state punishes at all.

• Actus Reus: Conduct, Omission and State of Affairs15
• The Harm Principle and Autonomy17

Actus reus in its three forms, the requirement of voluntariness, causation in fact and in law, and the varieties of mens rea.

• The External Element of a Crime13
• Voluntariness and Factual Causation10
• Mens Rea: Direct and Oblique Intention19

Murder and its elements, and the partial defences of loss of control and diminished responsibility, together with involuntary manslaughter.

• The Elements of Murder8
• Loss of Control12
• Diminished Responsibility20

Assault and battery, and the statutory offences under sections 47, 20 and 18 of the Offences Against the Person Act 1861.

• Assault and Battery8
• Words, Silence and Actual Bodily Harm13
• Grievous Bodily Harm under Sections 18 and 2020

Theft and its five elements, the treatment of land and of dishonesty, and the offences of robbery and burglary that build on it.

• The Definition of Theft10
• Theft of Land15
• Dishonesty and the Ghosh Test8
• Permanent Deprivation and Robbery17

Attempt: the conduct that goes beyond mere preparation, the intention required, and which offences may be attempted.

• Attempts18

The capacity defences of insanity, automatism and intoxication, and the necessity defences of self-defence and duress.

• Insanity and the M'Naghten Rules13
• Wrongness, Burden of Proof and Automatism16
• Intoxication, Specific and Basic Intent11
• Self-Defence and the Prevention of Crime18
• Duress and Its Limits16

The shape of tort liability and the policy behind it, the floodgates argument, defensive practice and the reluctance to compensate pure economic loss.

• The Areas of Tort Liability8
• The Neighbour Principle and the Caparo Test18
• Secondary Victims and Occupiers' Liability20
• Defences in Nuisance and Rylands v Fletcher8
• Compensatory Damages in Tort13
• Policy Limits on the Duty of Care13
• Injunctions in Tort11

Duty, breach and damage: the neighbour principle and the Caparo test, the objective standard of care, causation and remoteness, and the special rules for economic loss and psychiatric injury.

• Establishing a Duty of Care11
• Breach of Duty and the Standard of Care17
• Causation and Remoteness of Damage11
• Pure Economic Loss16
• Psychiatric Injury: Primary and Secondary Victims17

The duty owed to lawful visitors under the 1957 Act and the narrower duty owed to trespassers under the 1984 Act.

• Occupiers, Premises and Lawful Visitors16
• The Duty to Trespassers under the 1984 Act13

Private nuisance and the interests it protects, and the strict liability imposed by the rule in Rylands v Fletcher for the escape of dangerous things.

• Private Nuisance14
• The Rule in Rylands v Fletcher14

When one person answers for another's tort: employment status, the close connection test, and the policy reasons for imposing liability on an employer.

• What Vicarious Liability Is14
• Employment Status and the Close Connection Test11

Consent and contributory negligence as defences, and the damages and injunctions a successful claimant may obtain.

• Contributory Negligence20
• Pecuniary and Non-Pecuniary Losses12
• Injunctions as an Equitable Remedy14

Freedom of contract and the countervailing need to protect consumers, and the control of exemption clauses by incorporation, construction and statute.

• Freedom of Contract and Consumer Protection20
• Exemption Clauses: Incorporation and Construction14

Offer and acceptance, consideration and privity, and intention to create legal relations, the four requirements of a binding agreement.

• Offer, Invitation to Treat and Acceptance15
• Existing Duties, Part Payment and Privity8
• The Requirements of Offer and Acceptance18
• The Postal Rule and Instant Communication11
• The Rules of Consideration16
• Promissory Estoppel15
• Intention to Create Legal Relations17

Express and implied terms, conditions and warranties and the remedies each attracts, the Consumer Rights Act 2015, and exclusion clauses.

• Express and Implied Terms10
• Conditions, Warranties and Their Remedies14
• The Consumer Rights Act: Goods18
• Exclusion and Limitation Clauses17
• The Consumer Rights Act: Quality and Fitness16
• The Consumer Rights Act: Services10

Misrepresentation in its fraudulent, negligent and innocent forms, and the pressures, duress and economic duress, that undo consent.

• What Amounts to a Misrepresentation20
• The Elements of an Actionable Misrepresentation8
• Fraudulent Misrepresentation18
• Economic Duress12

How a contract comes to an end: performance and the doctrine of substantial performance, actual and anticipatory breach, and frustration.

• Discharge by Performance9
• Frustration and Expectation Loss19
• Performance, Actual and Anticipatory Breach19

Damages for expectation and reliance loss with their limits of causation, remoteness and mitigation, and the equitable remedies and the right to terminate.

• Damages for Breach of Contract20
• Termination and the Right to Reject9

What separates a right from a liberty, the duties rights impose, and the scope of the rights the Convention guarantees.

• Article 2: The Right to Life19
• Article 11: Assembly and Association14
• Rights, Liberties and Correlative Duties12
• The Scope of Fundamental Human Rights15
• Article 2 Exceptions and the Article 5 Guarantee15
• Interfering with Article 8 Rights16
• Article 11 and the Prescribed by Law Requirement14

The post-war origins of international human rights, the Convention's standing in the UK before 1998, and what the Human Rights Act changed.

• The Origins of International Human Rights12
• The Convention in UK Law before 199817
• The Human Rights Act 199815
• Criticisms of Human Rights Law9

Articles 2, 5, 8, 10 and 11 in detail, the right to life, liberty and security, private and family life, expression, and assembly and association.

• Freedom of Association and Its Limits12
• Article 2: Justified Deprivation of Life12
• Article 5: Lawful Arrest and Detention10
• Article 8: Private and Family Life14
• Article 11: What It Protects18
• Article 2: Negative and Positive Obligations15
• The Article 2.2 Exceptions in Detail11
• Article 5.1: Liberty and Security of Person13
• Detention after Conviction and under 5.1(b)16
• Article 5.2 to 5.5: Information and Review16
• Article 10.1: Holding and Receiving Opinions19
• Which Paragraphs Permit Restriction16
• The Grounds for Lawful Detention19
• Assembly, Association and the Restricting Paragraphs15

When a qualified right may lawfully be restricted, the legitimate aims permitting it, and how a claim is enforced at Strasbourg and at home.

• The Common Requirements for Restrictions8
• Legitimate Aims for Restricting Article 814
• Bringing a Claim to the Strasbourg Court8
• Section 3, Article 46 and Just Satisfaction18
• Prescribed by Law and Necessary in a Democracy13
• Legitimate Aims for Restricting Article 1013
• Enforcement in Strasbourg and at Home20
• The Two General Conditions for Restriction11
• Legitimate Aims across Articles 8, 10 and 1120
• Who May Claim and How Rights Are Enforced8
• Supervising Judgments and the Measures Required17

The argument over replacing the Human Rights Act with a British Bill of Rights, and the claims about sovereignty, Strasbourg and judicial power.

• Replacing the Human Rights Act12
• A British Bill of Rights16

How English law protects life, liberty, expression and assembly in practice, and where those protections fall short of the Convention.

• The Right to Life in English Law11
• Protective Policing and the Osman Test10
• Deprivation of Liberty in English Law16
• Expression, Assembly and Association in English Law19