AQA A-LEVEL LAW PAPER 1 -2023- FINAL EXAM ACTUAL
QUESTIONS AND CORRECT ANSWERS ALREADY GRADED
A+ GUARANTEED SUCCESS
Define factual causation
The 'but for' test
Defendant can only be guilty if the consequence wouldn't have happened 'but for' their actions.
What is the difference between substantial and procedural law?
Procedural Law- Rules in law that govern how the courts are run.
Substantial Law- The rights and duties we have in law.
What does the term burden of proof mean?
That the prosecution has to convince the jury that the defendant is guilty
Explain a case study showcasing how certain acts can be criminalised
R v R 1992
Defendant married his wife but then they separated. Victim lived with her parents after the
separation. Defendant broke into victim's home and tried to have sexual intercourse with her.
Sexual Offences Act 2003
In the end the defendant was convicted of marital rape.
Explain the three types of offences
Summary Offences- The least serious type of offence. Is always tried in the Magistrate's court.
Examples are: common assault and driving offences
Triable-either-way Offences- Middle-range crimes that can be tried in either courts. If the
defendant pleads guilty, they have choice EG theft, ABH
Indictable Offences- The most serious type of offence. preliminary hearings take place at
Magistrate's Court but everything else at Crown Court. All summary offences are tried in the
Crown Court with a judge and jury. eg Murder, Rape etc
Define the term 'leave to appeal'
Permission required to appeal
State and define the three elements of a crime
, Actus Reus- The physical act of a crime
Mens Rea- The intention/motive behind the crime
Causation- The causal link
State the general rule of omission and explain a case study showcasing it
There is no liability for a failure to act unless you have a duty to do so
R v Miller
Defendant was a vagrant who had been drinking before going back to the house in which he was
squatting. He fell asleep with a cigarette in his hand and a fire started. Upon waking up, he saw
the fire and just moved to sleep in a different room, taking no steps to extinguish the fire.
What are the 6 ways in which omission can suffice for the actus reus?
Statutory Duty
Contractual Duty
Duty because of a relationship
Duty undertaken voluntarily
Duty through official position
Duty through chain of events
State and explain the 4 types of Actus Reus
Conduct- When the action itself is criminal
Consequence- When the action itself isn't criminal but the result is.
State of Affairs- Crimes that are concerned with the 'being' rather than the 'doing'.
Omission- A failure to act when you have a duty to do so
Explain a case study where factual causation was applied.
R v Pagett 1983
Appellant shot at a police officer but then tried to use his pregnant girlfriend as a human shield.
To try and contain the appellant, the police were forced to shoot the victim resulting in the loss of
her life. The defendant was charged with manslaughter as his gf wouldn't have died 'but for' his
actions.
What are the four rules of legal causation?
Harm must result from a culpable act
There must be no intervening act
QUESTIONS AND CORRECT ANSWERS ALREADY GRADED
A+ GUARANTEED SUCCESS
Define factual causation
The 'but for' test
Defendant can only be guilty if the consequence wouldn't have happened 'but for' their actions.
What is the difference between substantial and procedural law?
Procedural Law- Rules in law that govern how the courts are run.
Substantial Law- The rights and duties we have in law.
What does the term burden of proof mean?
That the prosecution has to convince the jury that the defendant is guilty
Explain a case study showcasing how certain acts can be criminalised
R v R 1992
Defendant married his wife but then they separated. Victim lived with her parents after the
separation. Defendant broke into victim's home and tried to have sexual intercourse with her.
Sexual Offences Act 2003
In the end the defendant was convicted of marital rape.
Explain the three types of offences
Summary Offences- The least serious type of offence. Is always tried in the Magistrate's court.
Examples are: common assault and driving offences
Triable-either-way Offences- Middle-range crimes that can be tried in either courts. If the
defendant pleads guilty, they have choice EG theft, ABH
Indictable Offences- The most serious type of offence. preliminary hearings take place at
Magistrate's Court but everything else at Crown Court. All summary offences are tried in the
Crown Court with a judge and jury. eg Murder, Rape etc
Define the term 'leave to appeal'
Permission required to appeal
State and define the three elements of a crime
, Actus Reus- The physical act of a crime
Mens Rea- The intention/motive behind the crime
Causation- The causal link
State the general rule of omission and explain a case study showcasing it
There is no liability for a failure to act unless you have a duty to do so
R v Miller
Defendant was a vagrant who had been drinking before going back to the house in which he was
squatting. He fell asleep with a cigarette in his hand and a fire started. Upon waking up, he saw
the fire and just moved to sleep in a different room, taking no steps to extinguish the fire.
What are the 6 ways in which omission can suffice for the actus reus?
Statutory Duty
Contractual Duty
Duty because of a relationship
Duty undertaken voluntarily
Duty through official position
Duty through chain of events
State and explain the 4 types of Actus Reus
Conduct- When the action itself is criminal
Consequence- When the action itself isn't criminal but the result is.
State of Affairs- Crimes that are concerned with the 'being' rather than the 'doing'.
Omission- A failure to act when you have a duty to do so
Explain a case study where factual causation was applied.
R v Pagett 1983
Appellant shot at a police officer but then tried to use his pregnant girlfriend as a human shield.
To try and contain the appellant, the police were forced to shoot the victim resulting in the loss of
her life. The defendant was charged with manslaughter as his gf wouldn't have died 'but for' his
actions.
What are the four rules of legal causation?
Harm must result from a culpable act
There must be no intervening act
