5.AQA A LEVEL LAW PAPER 1 ENGLISH LEGAL SYSTEM EXAM WITH
CERTIFIED ANSWERS’
What are the problems with parliamentary sovereignty ? - correct answer 1. Eu law - decided to
be bound/ can be unbound brexit
2. Human rights act 1998
3. Devolution act 1998 -devolved power to ireland / scotland
What does s.3(1) of the cra 2005 say ? - correct answer separation of powers
What is parliamentary sovereignty ? - correct answer parliament can make or unmake any law
Why does parliament have sovereignty ? - correct answer because they are voted in
What is judicial review ? - correct answer judges can examine public bodies for their decision to
be fair
How is criminal law enforced ? - correct answer formally by the police and courts
What does ambiguity mean ? - correct answer where a word has two or more meanings and it
may not be clear which meaning should be used
What does changes in the use of language mean ? - correct answer the meaning of words can
change over years
What's the case for new developments ? - correct answer nursing v dhss
What is the literal rule ? - correct answer the words have the simplest meaning even if it leads
to a weird result
,What does whitely v chappell illustrate ? - correct answer the literal rule made the law absurd
What happened in whitely v chappell ? - correct answer offence to impersonate 'any person
entitled to vote' - defendant was not guilty since a dead person is not in the literal meaning of
the words 'entitled to vote'
What happened in lner v berriman ? - correct answer her claim for compensation failed
because a look out only be provided for 'relaying or repairing' not maintenance such as oiling
What is the difference between the broad and narrow approach when using the golden rule ? -
correct answer the narrow approach chooses out of the literal meanings whereas the broad
meaning can interpret the words
What happened in re allen ? - correct answer bigamist - defines marriage as ceremony - narrow
one meaning
What is statute ? - correct answer these are a more common source of law, can also be referred
to as an act of parliament or legislation. These are laws which parliament has debated and
voted on and has received royal assent
What is negligence? - correct answer don't have intention don't foresee risk but failed to take
precautions
A failure to meet the standard of the reasonable man
What are the sentencing council guidelines for offence category one? - correct answer
determining category - greater harm serious injury higher culpability
Category range - 1 to 3 years custody
Starting point - one year and six months custody
,What are the sentencing council guidelines for offence category two? - correct answer
determining category - greater harm and lower culpability or lower harm and higher culpability
Category range - low level community order - 51 week custody
Starting point - 26 weeks custody
What are the sentencing council guidelines for offence category three? - correct answer
determining category - lesser harm and lower culpability
Category range - band a - high level community order
Starting point - medium community order
What is absolute liability? - correct answer no mr and not voluntary ar
Are social norms laws ? - correct answer no they are expectations and therefore are only
deviant not criminal
How did the courts used to operate? - correct answer local assizes at the principal towns of
each country, where the main feature until 1971.
Judges conducted trials dealing with serious offenders
Court verdicts were returned by juries of 12
What is the difference between an intrinsic and extrinsic aid ? - correct answer intrinsic aids are
matters within the statute itself that aid to make its meaning clearer
External aids that are matters outside the act
What extrinsic aid was used in cheeseman v dpp ? - correct answer dictionary
Was hansard used in davis v johnson? - correct answer yes
What is the case for binding precedent ? - correct answer schweppes ltd rrta
, What is the criminal court structure ? - correct answer supreme court
Court of appeal
Qbd - divisional
Crown
Magistrates
What is the court structure ? - correct answer every court is bound to follow the courts above
and appellate courts and in general the appellate courts are bound by their own decisions
How are laws enforced ? - correct answer formally by the police and courts, agree to be right
but has punishment
What is ratio decidendi ? - correct answer reason for deciding, binding part of the decision
What does a broad term mean ? - correct answer words designed to cover several possibilities.
Lead to problems - how wide should it go ?
What does a drafting error mean ? - correct answer parliamentary counsel who drafted the
original bill may have made an error.
Likely to occur when the law has been amended.
What does new developments mean ? - correct answer new technology may mean that an old
act of parliament does not apparently cover present day situations.
What is the golden rule ? - correct answer starts by looking at the literal meaning but the court
is then allowed to avoid an interpretation which would lead to an absurd result.
CERTIFIED ANSWERS’
What are the problems with parliamentary sovereignty ? - correct answer 1. Eu law - decided to
be bound/ can be unbound brexit
2. Human rights act 1998
3. Devolution act 1998 -devolved power to ireland / scotland
What does s.3(1) of the cra 2005 say ? - correct answer separation of powers
What is parliamentary sovereignty ? - correct answer parliament can make or unmake any law
Why does parliament have sovereignty ? - correct answer because they are voted in
What is judicial review ? - correct answer judges can examine public bodies for their decision to
be fair
How is criminal law enforced ? - correct answer formally by the police and courts
What does ambiguity mean ? - correct answer where a word has two or more meanings and it
may not be clear which meaning should be used
What does changes in the use of language mean ? - correct answer the meaning of words can
change over years
What's the case for new developments ? - correct answer nursing v dhss
What is the literal rule ? - correct answer the words have the simplest meaning even if it leads
to a weird result
,What does whitely v chappell illustrate ? - correct answer the literal rule made the law absurd
What happened in whitely v chappell ? - correct answer offence to impersonate 'any person
entitled to vote' - defendant was not guilty since a dead person is not in the literal meaning of
the words 'entitled to vote'
What happened in lner v berriman ? - correct answer her claim for compensation failed
because a look out only be provided for 'relaying or repairing' not maintenance such as oiling
What is the difference between the broad and narrow approach when using the golden rule ? -
correct answer the narrow approach chooses out of the literal meanings whereas the broad
meaning can interpret the words
What happened in re allen ? - correct answer bigamist - defines marriage as ceremony - narrow
one meaning
What is statute ? - correct answer these are a more common source of law, can also be referred
to as an act of parliament or legislation. These are laws which parliament has debated and
voted on and has received royal assent
What is negligence? - correct answer don't have intention don't foresee risk but failed to take
precautions
A failure to meet the standard of the reasonable man
What are the sentencing council guidelines for offence category one? - correct answer
determining category - greater harm serious injury higher culpability
Category range - 1 to 3 years custody
Starting point - one year and six months custody
,What are the sentencing council guidelines for offence category two? - correct answer
determining category - greater harm and lower culpability or lower harm and higher culpability
Category range - low level community order - 51 week custody
Starting point - 26 weeks custody
What are the sentencing council guidelines for offence category three? - correct answer
determining category - lesser harm and lower culpability
Category range - band a - high level community order
Starting point - medium community order
What is absolute liability? - correct answer no mr and not voluntary ar
Are social norms laws ? - correct answer no they are expectations and therefore are only
deviant not criminal
How did the courts used to operate? - correct answer local assizes at the principal towns of
each country, where the main feature until 1971.
Judges conducted trials dealing with serious offenders
Court verdicts were returned by juries of 12
What is the difference between an intrinsic and extrinsic aid ? - correct answer intrinsic aids are
matters within the statute itself that aid to make its meaning clearer
External aids that are matters outside the act
What extrinsic aid was used in cheeseman v dpp ? - correct answer dictionary
Was hansard used in davis v johnson? - correct answer yes
What is the case for binding precedent ? - correct answer schweppes ltd rrta
, What is the criminal court structure ? - correct answer supreme court
Court of appeal
Qbd - divisional
Crown
Magistrates
What is the court structure ? - correct answer every court is bound to follow the courts above
and appellate courts and in general the appellate courts are bound by their own decisions
How are laws enforced ? - correct answer formally by the police and courts, agree to be right
but has punishment
What is ratio decidendi ? - correct answer reason for deciding, binding part of the decision
What does a broad term mean ? - correct answer words designed to cover several possibilities.
Lead to problems - how wide should it go ?
What does a drafting error mean ? - correct answer parliamentary counsel who drafted the
original bill may have made an error.
Likely to occur when the law has been amended.
What does new developments mean ? - correct answer new technology may mean that an old
act of parliament does not apparently cover present day situations.
What is the golden rule ? - correct answer starts by looking at the literal meaning but the court
is then allowed to avoid an interpretation which would lead to an absurd result.
