AS PRACTICE QUESTION
ENGLISH LEGAL SYSTEM
THE ENGLISH LEGAL SYSTEM AND ITS CONTEXT
1. Define the meaning of an adversarial legal system. [2 Mark]
2. Identify Dicey’s three elements of the rule of law. [5 Mark]
3. Assess whether the law provides justice. [4 Mark]
4. Discuss the relationship between law and morality [5 Mark]
5. Describe the difference between an adversarial and an inquisitorial legal system.
[4
Mark]
6. Describe the meaning of ‘the rule of law’. [2 Mark]
7. Describe the meaning of justice. [2 Mark]
8. Assess the relationship between law and morals. [5 Mark]
9. Assess whether justice is always achieved through use of criminal law [10 Mark]
10. Discuss whether law provides justice. [10 Mark]
PARLIAMENTARY LAW-MAKING
1. Identify the parliamentary stages of an Act of Parliament. [2 Mark]
2. Name an Act of Parliament that has been passed as a result of a Law Commission
recommendation. [2 Mark]
3. Analyze why the will of the House of Commons always prevails over that of the House of
Lords. Evaluate the advantages and disadvantages of law making by Parliament.
[5
Mark]
4. Describe the purpose of Green and White Papers. [2 Mark]
5. Describe Dicey’s principles of parliamentary supremacy (sovereignty). [5 Mark]
6. Assess the work of pressure groups as an influence on law making. [4 Mark]
7. Assess the work of the Law Commission as an influence on law making [4 Mark]
8. Describe the legislative procedure in the House of Commons. [10 Mark]
9. Assess the role of Parliament in the law-making process [15 Mark]
DELEGATED LEGISLATION
1. Name the three forms of delegated legislation. [4 Mark]
2. Identify two ways in which delegated legislation can be controlled by Parliament.
[2
Mark]
3. Assess the benefits of the use of delegated legislation. [5 Mark]
4. Evaluate the advantages and disadvantages of one form of delegated legislation.
[4
Mark]
5. Which body makes Orders in Council, and who can sit on this body? [4 Mark]
6. Who can make statutory instruments, and from where do they get the power to make
these regulations? [4 Mark]
7. Describe two ways judges can control delegated legislation. [2 Mark]
8. Assess the benefit of using bylaws. [4 Mark]
9. Assess the reasons for the use of delegated legislation. [5 Mark]
10. Describe the controls on delegated legislation. [10 Mark]
11. Assess the benefit and drawbacks of statutory instruments; bylaws; and Orders in
Council. [15 Mark]
STATUTORY INTERPRETATION
1. Define the literal rule. [2 Mark]
2. Name three cases in which the literal rule was used. [2 Mark]
3. Analyse how Fisher v Bell (1961) would have been decided using the mischief rule.
[5
Mark]
4. Evaluate the advantages and disadvantages of judges using the mischief rule to
interpret the words in a statute [10 Mark]
5. Explain one advantage and one disadvantage of using the literal rule. [4 Mark]
6. Define the golden rule and give a case in which it was used. [4 Mark]
7. Define the mischief rule and give a case in which it was used. [4 Mark]
8. Define the purposive approach and give a case in which it was used [4 Mark]
9. Describe the use of the literal rule by judges. [10 Mark]
10. Assess the role of judges in statutory interpretation [15 Mark]
JUDICIAL PRECEDENT
1. Name the three main elements of judicial precedent. [4 Mark]
2. Identify two case examples when the 1966 Practice Statement has been used to
overrule a previous decision. [4 Mark]
3. Analyse the power of the Court of Appeal to depart from a binding precedent.
[4
Mark]
4. Evaluate the disadvantages of judicial precedent. [10 Mark]
5. Describe what is meant by ratio decidendi and obiter dicta. [5
Mark]
6. Explain what is meant by ‘original precedent’ and ‘binding precedent’. [4 Mark]
7. Explain what is meant by ‘distinguishing’. Which courts can distinguish a decision of a
higher court and explain other tools of departure. [5 Mark]
8. Describe one civil case and one criminal case where the Practice Statement has been
used to overrule an earlier decision. [2 Mark]
9. Assess the contribution of judicial precedent to the development of either civil or criminal
law. [10 Mark]
10. Describe when the Court of Appeal can depart from a precedent in civil cases.
[10
Mark]
11. Evaluate the advantages and disadvantages of judicial precedent. [15 Mark]
CIVIL COURT AND CIVIL PROCESS
1. Name the civil trial and appeal courts. [2 Mark]
2. Identify who hears trials in each of the civil courts. [4 Mark]
3. Assess the effect of the Woolf reforms on civil court procedures. [5 Mark]
4. Evaluate the advantages and disadvantages of an individual claimant taking a claim in
the civil courts [10 Mark]
5. Describe how a civil claim for damages can be taken in:
– the County Court
– the High Court. [5 Mark]
6. Assess the advantages and two disadvantages for an individual claimant using the small
claims procedure. [5 Mark]
7. Describe the tracking system for a civil claim for damages. [5 Mark]
8. Describe the grounds on which an appeal in a civil claim can be taken and the procedure
for such an appeal. [4 Mark]
9. Assess the effect of the Woolf reforms on the civil justice system [10 Mark]
10. Describe the tracking system of civil court claims. [10 Mark]
11. Discuss the difficulties an individual claimant may encounter when pursuing a high-value
civil court claim. [15 Mark]
ALTERNATE METHODS OF DISPUTE RESOLUTION
1. Define the meaning of a Scott v Avery clause and state where it can be found. [2 Mark]
2. Identify the role played by a mediator in dispute resolution. [2 Mark]
3. Analyse the benefits of using arbitration rather than taking a civil court case. [4 Mark]
4. Discuss the disadvantages of using alternative dispute resolution. [10 Mark]
5. Explain two advantages and two disadvantages of using negotiation to resolve a dispute.
[4 Mark]
6. Explain two advantages of using conciliation rather than taking a court case.
[4
Mark]
7. Explain two advantages of using mediation as a form of ADR. [2 Mark]
8. Explain two disadvantages of using mediation as a form of ADR. [2 Mark]
9. Explain two disadvantages of using arbitration to resolve a dispute [2 Mark]
10. Describe the process of arbitration. [10 Mark]
11. Discuss the advantages and disadvantages of using ADR as a means of alternate
dispute resolution. [15 Mark]
CRIMINAL COURTS AND CRIMINAL PROCESS
1. State what ‘being granted bail’ means. [2 Mark]
2. Identify the test used to decide if an appeal against conviction or sentence is taken by a
defendant convicted in the Crown Court. [4 Mark]
3. Assess the value of the Criminal Cases Review Commission. [4 Mark]
4. Consider how the granting of bail balances the conflicting interests of an accused and
the state [4 Mark]
5. Describe, including examples, the meanings of summary, triable-either-way and
indictable offences. [10 Mark]
6. Describe the rights of a convicted person to appeal. [4 Mark]
7. Describe the role of Crown Courts in the criminal justice process. [4 Mark]
8. Describe the issues that a court will take into account for granting bail. [4 Mark]
9. Assess the different procedures involved in a criminal trial by magistrates and a Crown
Court trial before a judge and jury [10 Mark]
10. Describe the role of Magistrates’ Courts in the criminal justice process. [10 Mark]
11. Assess the value of bail in criminal justice. [10 Mark]
POLICE AND CRIMINAL EVIDENCE ACT 1984
1. State the information that must be given to a person initially detained at a police station.
[4
Mark]
2. Identify the test for when a police officer can arrest a suspect without a warrant.
[2
Mark]
3. Assess the value of police powers of stop and search. [5 Mark]
4. Describe the information that must be given to a person when they are stopped and
searched. [4 Mark]
5. Describe when the police have power to arrest a suspect without a warrant. [4 Mark]
6. If an officer reasonably suspects that a person has committed an offence, can the officer
lawfully arrest that person, even if it is later discovered that there had been no offence?
[5
Mark]
7. Describe the detention time limits for a person arrested on suspicion of committing an
indictable offence. [5 Mark]
8. Describe the role of the custody officer [4 Mark]
9. Describe police powers to stop and search a suspect on the street. [10 Mark]
10. Assess the protection given by the Police and Criminal Evidence Act 1984 to suspects
detained at a police station [15 Mark]
THE JUDICIARY – SUPERIOR AND INFERIOR JUDGES
1. Define the theory of the separation of powers. [4 Mark]
2. Describe the selection process for inferior level judges. [5 Mark]
3. Assess the disciplinary processes of inferior and superior-level judges. [5 Mark]
4. Discuss why it is important for judges to be independent of the executive. [5 Mark]
5. Describe the qualifications required by a Circuit Judge. [4 Mark]
6. Describe the qualifications required by a High Court Judge. [4 Mark]
7. Describe the procedure for the selection of superior-level judges. [5 Mark]
8. Describe how an inferior-level judge can be disciplined. [4 Mark]
9. Describe how both inferior and superior level judges are selected and appointed.
[10
Mark]
10. Assess the value of an independent judiciary. [15 Mark]
LEGAL PROFESSIONALS
1. State how an individual can access the advice and assistance of a barrister. [2 Mark]
2. Identify the role of the Legal Ombudsman. [4 Mark]
3. Assess the legal liability of barristers, solicitors and legal executives. [5 Mark]
4. In the twenty-first century, there is a definite need for lawyers. Discuss the accuracy of
this statement. [10 Mark]
5. Describe what is meant by ‘direct access’ to a barrister and the areas of law in which it is
allowed. [5 Mark]
6. Describe what a QC does and what the qualification means. [5 Mark]
7. Compare the current qualification process of solicitors with the ‘new’ SQE qualification
process. [5 Mark]
8. Describe the role of legal executives [4 Mark]
9. Describe the advocacy role of legal professionals – barristers, solicitors and legal
executives. [4 Mark]
10. Discuss why legal professionals should be responsible for their negligent work. [15 Mark]
LAY PERSONNEL
1. State the qualifications required by lay magistrates. [4 Mark]
2. State the disqualifications and reasons for not serving on a jury. [4 Mark]
3. Describe the selection process for lay magistrates. [5 Mark]
4. Describe the work of lay magistrates in the criminal justice process. [5 Mark]
5. Describe the selection process for members of a jury. [5 Mark]
6. Describe the reasons why a person may not serve on a jury. [5 Mark]
7. Assess the value of lay persons (lay magistrates and juries) in the criminal justice
process. [10 Mark]
8. Assess the role played by lay magistrates in the criminal justice process. [10 Mark]
9. Describe the role of a jury in a criminal trial. [10 Mark]
10. Discuss the disadvantages of using lay persons in the criminal justice system. [15 Mark]
CRIMINAL LAW
ACTUS REUS AND MENSREA
1. Define the meaning of the term mens rea. [2 Marks]
2. State two situations where an omission can be sufficient to form the actus reus of a
crime. [2 Marks]
3. Assess whether the law relating to the chain of causation being broken by medical
treatment provides justice. [10 Marks]
4. Discuss the effectiveness of the law with respect to the finding of oblique (indirect)
intention [5 Marks]
5. Briefly explain what is meant by actus reus. [2 Marks]
6. Explain the ‘but for’ test in causation.
7. Give two examples of events that can break the chain of causation. [2 Marks]
8. What is meant by ‘foresight of consequences? [5 Mark]
9. In criminal law, when is a defendant reckless? [5 Mark]
10. Vlad was driving his car when he saw Wayne, against whom he bore a grudge. He
accelerated hard towards Wayne, who was still standing in the road. Frightened, Wayne
tried to jump out of the way but his hand was hit by the mirror. Wayne went to hospital
where X-rays showed that he had three badly broken fingers. While at the hospital, he
contracted a disease from which he died.
Explain whether Vlad caused Wayne’s death. [10 Mark]
11. Evaluate the law with respect to causation. [15 Mark]
THEFT
1. Define the offence of theft. [2 Mark]
2. Discuss the effectiveness of the law with respect to the definition of dishonest [4
Mark]
3. Explain the meaning of ‘belonging to another’ in the context of theft. [5 Mark]
4. What is meant by ‘intention to permanently deprive’ in the law of theft? [5 Mark]
5. State the test for dishonesty set out in R v Barton and Booth (2020). [5 Mark]
6. Explain the actus reus and mens rea of theft. [15 Mark]
7. When his neighbour is out, Jake holds an auction of the neighbour’s garden tools. The
neighbour returns before any of the tools are taken away. Explain whether the offence of
theft has been committed in this scenario. [10 Mark]
8. The owner of a shop asks Parvati, a lorry driver, to pick up a load of computer
equipment and take it to a warehouse. Parvati agrees to do this but, after collecting the
equipment, she decides not to take it to the warehouse but to sell it for cash. Has there
been an appropriation in this situation? [10 Mark]
9. Della discovers the exam papers she is due to sit next week in the next-door office. She
writes out the questions from the first paper on her own notepad. The second paper is
very long, so she uses the office photocopier to take a copy, using paper already in the
machine. Would the item in this situation be property for the purposes of theft? [10 Mark]
10. Conrad works in an electronics shop. At the end of his shift, he takes £100 out of the
cash register as he is going on a night out. He plans to replace the money in the morning
before the shop opens. On his way home, Conrad goes into a clothes shop and finds a
pair of designer jeans he likes. They cost £120, but Conrad swaps the label with that on
another pair of jeans which cost £65.
Discuss Conrad’s liability for theft in relation to the £100 and the pair of jeans.[10 Mark]
ROBBERY
1. State the legal principle from the case of R v Lockley (1995). [2 Mark]
2. Explain how the case of R v Hale (1979) could be used to help obtain a conviction in R v
Lockley (1995). [4 Mark]
3. Evaluate the application of the principles set out in the precedents of R v Hale (1979)
and R v Lockley (1995) [4 Mark]
4. Does the law on robbery conflict with the law on theft? [10 Mark]
Evaluate whether the Law of Robbery is application in these scenario’s
5. Albert holds a knife to the throat of a three-year old girl and orders the child’s mother to
hand over her purse or he will ‘slit the child’s throat’. The mother hands over her purse. 2
Brendan threatens staff in a post office with an imitation gun. He demands that they
hand over the money in the cash register. One of the staff presses a security button and
a grille comes down in front of the counter, so that the staff are safe and Brendan cannot
reach the cash register. He leaves without taking anything. [10
Mark]
6. Carla snatches a handbag from Delia. Delia is so surprised that she lets go of the bag
and Carla runs off with it. 4 Ellie breaks into a car in a car park and takes a briefcase out
of it. As she is walking away from the car, the owner arrives, realises what has
happened and starts to chase after Ellie. The owner catches hold of Ellie, but she
pushes him over and makes her escape. [10 Mark]
7. Freya tells Hamid to hand over his Rolex watch and that if he does not she will send her
friend Grant round to beat Hamid up. Hamid knows that Grant is a very violent man.
Hamid takes off his watch and gives it to Freya. [10 Mark]
8. Blake is angry with Conroy. He lies in wait and attacks Conroy, knocking him
unconscious. While Conroy is unconscious, Blake notices that he is wearing a very
expensive watch and decides to steal it. [10 Mark]
BURGLARY
1. What offences underlie s 9(1)(a) burglary? [2 Mark]
2. What offences underlie s 9(1)(b) burglary? [2 Mark]
3. Explain the meaning of the terms ‘entry’ and ‘building or part thereof’. [2 Mark]
4. Outline the mens rea of burglary. [2 Mark]
5. Distinguish the offences of burglary and aggravated burglary. [5 Mark]
6. Section 9(4) of the Theft Act 1968 gives an extended meaning to the word ‘building’, so
that it includes inhabited places such as houseboats or caravans, which would otherwise
not be included in the offence. However, it does not give any basic definition for
‘building’. Explain how the law has dealt with this problem. [5 Mark]
7. Explain the meaning of the term ‘trespasser’ in the law of burglary. [10 Mark]
8. Bilal was friendly with Mo and was allowed to go into Mo’s house to use his games
console even when Mo was away, providing he used his own controller and not Mo’s
controller. Bilal became increasingly annoyed that Mo always did better than he did, and
became convinced it was because Mo’s controller was better than his. Bilal decided to
go to Mo’s house and smash Mo’s controller. When he got inside the house, he could
not find the controller, so he took a cup that Mo had won in a competition. He intended to
taunt Mo about the missing cup and then marvellously ‘find’ and return it to Mo.
Discuss the liability of Bilal for burglary. [10 Mark]
BLACKMAIL
1. Define the offence of blackmail. [2 Mark]
2. Explain the meaning of the term ‘unwarranted demand’ in the offence of blackmail.
[2
Mark]
3. How well has the law dealt with the question of whether a defendant in a blackmail case
has used menaces? [5 Mark]
4. Which section of which Act defines the offence of blackmail? [2 Mark]
5. What has to be proved for the actus reus of blackmail? [5 Mark]
6. Explain what is meant by ‘unwarranted’ in the definition of blackmail. [2 Mark]
7. Explain what is meant by ‘menaces’ in the definition of blackmail. [2 Mark]
8. The defendant must intend to make a gain or cause loss of money or other property.
Give three examples of ‘other property’. [6 Mark]
9. Describe the mens rea required for the offence of blackmail. [10 Mark]
10. Adam obtained a large sum of money by defrauding Rishi and boasted of his new wealth
to his friend, Carlos. Carlos wanted money for a holiday. He threatened Adam that he
would tell Rishi that Adam had defrauded him, unless Adam gave him £5000. Discuss
Carlos’ liability for the offence of blackmail [10 Mark]
HANDLING STOLEN GOODS
1. State three ways that the offence of handling stolen goods can be committed. [4 Marks]
2. To be guilty of the offence of handling stolen goods, the defendant must either know or
believe that the goods were stolen at the time they carry out the actus reus of handling
them. Is the law on this aspect of the offence satisfactory? [5 Mark]
3. What is the test for dishonesty used in the offence of handling stolen goods? [2 Mark]
4. Give an example of what amounts to knowledge or belief in the mens rea of the offence
of handling stolen goods. [2 Mark]
5. Outline three factors which may affect the sentencing of a person convicted of handling
stolen goods. [5 Mark]
6. Explain the difference between retention of the goods, removal of the goods, disposal of
the goods and realisation of the goods. [5 Mark]
7. Explain what is meant by the terms ‘handling’ and ‘receiving’ in the offence of handling
stolen goods. [4 Mark]
8. Jan is concerned she may be accused of handling stolen goods because she is in
possession of a second-hand computer. It turns out that the computer had been taken
during a burglary. Advise Jan. [10 Mark]
9. Amina has a business selling vintage clothes online. She is contacted by Bhupinda, who
Amina knows has criminal convictions for shoplifting. Despite this knowledge, she
agrees to sell 20 pairs of trousers that Bhupinda claims were her late mother’s. They
were in fact stolen from a shop storeroom. The trousers were delivered to Amina by
Bhupinder’s husband, Chan.
Discuss whether Amina and Chan are likely to be found guilty of the offence of handling
stolen goods. [10 Mark]
MAKING OFF WITHOUT PAYMENT
1. Name the Act of Parliament that defines making off without payment. [2 Mark]
2. Analyse the reasons why it was necessary to create the offence of making off without
payment. [4 Mark]
3. Which four points must be proved for the actus reus of making off without payment?
[5
Mark]
4. What is the test for dishonesty used in the offence of making off without payment?
[2
Mark]
5. Apart from dishonesty, what are the other two elements to be proved for the mens rea of
making off without payment? [4 Mark]
6. In R v McDavitt (1981), why was the defendant found not guilty? 5 Name and explain a
case that illustrates the issues raised by failure to pay on the spot or as expected
[4
Mark]
7. Sol leaves a restaurant at the end of his meal to make a phone call and then returns to
pay his bill. Is he guilty of making off without payment? [10 Mark]
8. Umar took his car to Yusuf’s car preparation shop for repair of minor paintwork damage.
Yusuf told him that the work would cost £500. When Yusuf told Umar the work was
complete, Umar went to collect his car. Umar was infuriated by what he considered to be
the poor quality of Yusuf’s work. He refused to pay Yusuf and drove off from Yusuf’s
premises using his spare car key to start the car.
Discuss Umar’s liability for the offence of making off without payment. [10 Mark]
CRIMINAL DAMAGE
1. Name the Act of Parliament that defines the offence of criminal damage. [2 Mark]
2. Distinguish between the basic and aggravated offences of criminal damage. [4 Mark]
3. Discuss whether the different potential offences of criminal damage have an appropriate
balance in the maximum sentences available to the courts [4 Mark]
4. What are the four elements of the actus reus of criminal damage? [4 Mark]
5. What are the two elements of the mens rea of criminal damage? [4 Mark]
6. What is the main distinguishing feature of the offence of arson? [2 Mark]
7. What is the main distinction of the offence of aggravated criminal damage or aggravated
arson? [4 Mark]
8. Outline three factors which may affect the sentencing of a person convicted of criminal
damage. [4 Mark]
9. Dave got into a race with another car and threw a bottle at it as it passed. The bottle
broke the car’s window. The other driver, Kamala, swerved across the road and onto the
grass on the opposite side. Fortunately, she managed to stop the car without further
damage and without injury to her. Discuss the offences under the Criminal Damage Act
1971 with which Dave might be charged. [10 Mark]
10. Gary had a grudge against Hasan. While Hasan was at work, Gary loosened the wheel
nuts on Hasan’s bicycle. When Hasan next rode the bicycle, the wheel came loose and
he fell off the bicycle. Hasan was unhurt, but the wheel of his bicycle was damaged
beyond repair. Discuss the offences under the Criminal Damage Act 1971 with which
Gary might be charged. [10 Mark]
FRAUD
1. What are the elements of the actus reus for each of the four fraud offences set out?
[5
Mark]
2. What is the test for dishonesty used in fraud offences? [2 Mark]
3. Give an example of what amounts to an abuse of position. [2 Mark]
4. Outline the legal principle in the case of Kapitene (2010). [4 Mark]
5. Explain what is meant by a fiduciary duty [2 Mark]
6. Section 1 of the Fraud Act 2006 creates a general offence of fraud and introduces three
ways of committing it set out in ss 2, 3 and 4. Name those specific offences. [5 Mark]
7. Discuss whether the Fraud Act 2006 has too many different offences and would be
better with one generic offence of fraud. [10 Mark]
8. Sam leaves a calling card at a number of properties, saying that delivery of a parcel was
attempted. The property owner is asked on the card to call a number in order to
rearrange delivery of the parcel. In reality, any person responding as asked is calling a
premium-rate phone number in order to claim a parcel which does not exist. Does this
constitute an offence? [10 Mark]
9. Ahad has no money but wants to buy a present for Dewi. He knows his mother’s credit
card details, as he has been permitted to make a few purchases online in the past.
Without his mother’s consent, Ahad uses the details online to try to buy a present for
Dewi. The transaction is declined because the card is already over its credit limit.
Discuss the liability of Ahad for offences under the Fraud Act 2006. [10 Mark]
SENTENCING
1. State what is meant by a ‘tariff’ sentence. [2 Mark]
2. Define the sentencing aim of deterrence. [2 Mark]
3. Assess the factors taken into account by a judge when sentencing a defendant found
guilty of burglary of a private dwelling. [5 Mark]
4. Consider whether the current sentencing system effectively prevents adult offenders
from reoffending [5 Mark]
5. Outline the effect of a discretionary life sentence. [4 Mark]
6. Identify three conditions that can be attached to a community order. [4 Mark]
7. State the most common punishment imposed in the Magistrates’ Court. [2 Mark]
8. Briefly explain the two forms of discharge. [2 Mark]
9. Identify two aggravating factors in sentencing an adult offender. [2 Mark]
10. Describe any three community punishments that a criminal court can impose on adult
offenders. [10 Mark]
11. Assess the value of custody as a punishment [10 Mark]
