Checklist: You need to know:
1. Statutory Interpretation:
1. Three rules of interpretation, with cases to illustrate (literal, goldren and mischief)
2. Three rules of language, with cases (i.e the latin ones) (ejusdem generis, noscitor asociis, expressio unio exclusio alterius)
3. The three presumptions, with cases to illustrate. (common law will apply, statues aren't retrospective, mens rea)
4. Advantages and disadvantages of the 3 rules
5. For extra marks, state the statutes and phrases involved in the case examples that you give. Also, state the case of Holley (2005) which changed stare decisis in that it allowed decisions of the Privy Council to overrule H.O.L decisions where a) the pt of law concerned English law, and b) the Council is made up mostly of law lords.
2. Judicial Precedent:
1. How precedent operates (e.g stare decicis and the 2 principles; ratio decidendi, obiter dicta, system of law reporting.)
2. Three types of precedent- with case examples of each.
3. 3 types of avoidance- with case examples
4. Advantages and disadvantages of precedent.
5. Precedent and the constitutional role of judges ("to what extent does precedent uphold the constitutional position of judges?" - i've seen that as a q before)
6. Approaches of H.O.L (Practice Statemrnt) and C.O.A (Young v Bristoal Aeroplanes) to precedent (i.e are they bound by thier decisions, is this a good thing, etc.)
7. The new Supreme Court and how this links to the Practice Statement.
8. Application structure.
3. EU Law:
1. Institutions - thier role and composition, particularly the role of the ECJ in detail, - thier supervisory role, Article 234 and thier judicial role.
2. Sources of Law
3. Concepts- e.g direct effect, direct applicability, etc.
4. Impact of EU law onj parliamentary sovereignty
5. Application structure.
3. Legal procession- barristers and solicitors
1. Thier training routes, work and control (diff. for each)
2. Criticisms
3. Changes to the profession- Clementi review, 'Tesco Law' . 'Fusion' of the professions.
4. Judiciary:
1. Hierarchy
2. Appointment, training, retirement, dismissal (popluar part a qs in paper 2 include 'describe the role, training and dismissal of judges', ... note that its diferent for superior and inferior judges)
3. Criticisms of judiciary- e.g educational backgrouhd, separation of powers and social background as well as gender, (popular part b q is 'to what extent are judges representative of the communities that they serve?'- use cases to illustrate)
4. Independence of judiciary with CASES for for and against ("to what extent are judges independent?)
Extra marks- awareness of changes to role of Lord Chancellor , appointments process ,new Supreme Court.) Ther are also LOTS of quotes and cases for this topic.
5. Magistracy:
1. Types, appointmentd, traning role, retirement, dismissal.
2. Advantages and disadvantages.
6. Jury:
1. Qualifications,role in various courts, selection, including challenges and vetting, with cases to illustrate each challenge.
2. Advantages and disadvantages of trial by juruy, LOTS of cases for this!
7. Constitution:
1. Nature and sources of constitution
2. 2 principles: supremacy of parliament, rule of law and separation of powers; especially for part b you need to comment on the extent to which these are upheld .
8. Common law and equity:
1. How they developed- timeline
2. Relavance of euitable principles used today, CASES NEEDED.
9. Legislation:
1. Legislative process 2. Criticisms of statutes; link to supremacy of parliament.
10. Delegated legislation:
1. 3 types of delegated legislation; give examples
2. Control over delegated legislation (Parliament and Courts)
3. Advantages and disadvantages
11. Law Reform:
1. The main pressures on law making
2. Composition and role of agencies of law reform- plus examples of what they've done.
3. Role of pressure groups in the law reform process.
4. Temporary bodies of law reform, with examples of thier work
5. Critical consideration of their success (esp. for a part b type q in paper 2, or a part c in paper 3)
12. Civil Process
1. Problems pre-1999 (e.g cost, delay, adversarial process, complexity, injustice)
2. Woolf Reforms- 'track system', procedural changes, changes in the terminology, changes in the way claims are started (the claim form) and case management for judes, etc. (encouraging use of ADR)
3. Critically comment on how successful these reforms are (popular part b in paper 2 and part c in paper 3)
4. Civil remedies (i.e not just damages, other civil remedies)
5. Civil appeals process (including 'leap frog procedure' and circumstances of when this is allowed.)
13: Alternative Dispute Resolution (ADR)
1. General description; links to Woolf Reforms;
2. Three types of ADR (arbitration, mediation, concilliation; note that some of these are even split further!)
3. Advantages anf disadvantages of EACH type; try to get studies and quotes to back these up to improve A02 marks.
14. Tribunals
1. General descriptions, including a contrast with the court sysrem/
2. The two types, with examples
3. Advantages and disadvantages; again, try and quote from reports etc.
15. Criminal Process- Bail
1. Description of Bail Act ; link statutes to 'golden threat of criminal law' - i.e everyone is innocent until proven guilty
2. Additional restrictions on bail- link with 'balancing conflicting interests'
3. Advantages and disadvantages
16. Crown Prosecution Service (CPS)
1. Reasons why it was established and the act it was created by.
2. Composition
3. Role
4. Glidewell and Narey Reports; problems with CPS
5. The Code of Practice and its two tests (public interest tests, evidential test); for extra marks, have some examples of factors under tests, both in favour and against continuation of the case.
6. Critical comment on how efficient it is, and how well it promotes justice (e.g 'to what extent is the CPS effective in promoting efficiency and justice')
17. Criminal Process:
1. Pre-trial hearings (for all three types of offences)
2. Appeal routes (and cases to illustrate)
18. Legal Aid and Advice:
1. Old system of state funding and its problems
2. New system of state funding
3. 'Access to justice' and 'unmet legal need'
4. Advantages and disadvantages of the new system
5. Be able to assess whether the new system has 'increased Access to Justice' (therefore you need to define the phrase access to justice; if this comes up as a part b question or part c in paper one, define what is meant by access to justice and then evaluate the extent to which the new system has or has not improved it, with relevant cases, reports, examples, and a good quote from Mr. Justice Darling, for example, comparing the openness of British courts to the doors of the Ritz Hotel)
6. Conditional fees- and advantages and disadvantages of these.
7. Other ways of seeking free, or cheap, legal advice and assistance.