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Law-Exchange.co.uk Shared Resource Law-Exchange.co.uk Shared Resource Presentation Transcript

  • Introduction to A-Level
    A2 LAW
  • Section A
    Criminal Law (Fatal and non-fatal offences against the person)
  • Murder
    Actusreus(including causation),
    The actusreus is the unlawful killing of a person.
    mensrea(malice aforethought).
    that murder is a specific intent crime.
    I.e, the D. Intended to commit that crime in question.
  • Voluntary manslaughter.
    There are 2 special defences to Murder:-
    Diminished Responsibility and
    Provocation
    If the D. Can prove one of the above defences than, a charge of murder will become a charge of voluntary manslaughter.
  • Involuntary Manslaughter
    Involuntary manslaughter is an unlawful killing where the accused did not have the specific intention for murder.
    This includes;
    1. Unlawful act manslaughter
    2. Gross negligence manslaughter
    3.Subjective recklessness manslaughter
  • Non- Fatal offences against the person;
    • Assault, battery,
    • Actual bodily harm,
    • Wounding and
    • Grievous bodily harm,
    • Wounding and grievous bodily harm with intent.
  • Defences
    Insanity
    automatism,
    Intoxication,
    Consent,
    Self-defence/prevention of crime.
  • Insanity
    What do you think this defence involves?
    What might the judge order if the D. Successfully pleads a defence of insanity?
  • Automatism
    This defence means that the D. Is not guilty of any crime since he acted like a robot because of some external cause. He was incapable of having the intention to commit any crime as he did not know what his body was doing.
    EG semi-conscious.
  • Consent,
    What do you think this defence involves?
  • Self-defence/prevention of crime
    D. Can be relieved of liability if they can show the crime was committed in order to defend him/herself. Or was done in order to prevent a bigger crime.
  • Intoxication
    What do you think this defence involves?
    Intoxication is available as a defence where, as a result of alcohol or drugs,
    The defendant is incapable of forming the mensreafor the offence. In Kingston, where
    a drugged man indecently assaulted a boy, the House of Lords declared that
    drunken intent was still intent.
  • Section; B
    LAW OF TORT
  • Negligence
    What do you need to prove negligence?
    Duty owed; there must be a duty of care owed to the C.
    Breach of duty; there was a breach of that duty.
    Damage: as a result of that breach you have suffered damage.
  • Occupiers liability
    There are two types of Occupiers liability;
    1. Visitors
    2.Tresspassers.
  • Nuisance
    There are three types of nuisance:
    Statutory nuisance
    Public nuisance
    Private nuisance
  • Vicarious liability;
    Vicarious liability means liability for someone else.
    It applies to all torts especially employment situations, (where an employer is liable for the torts of an employee.
  • Defences;
    Contributory negligence,
    Consent.
    Specific defences to nuisance and Rylands v Fletcher.
  • Remedies for tortious acts;
    Damages
    Injunctions.
  • Section C
    Concepts of Law:
    Look at the difference between;
    Law and Morals
    Law and Justice
    Judicial creativity.
    This is the synoptic element to the course and you will draw on the topics studied over the 2 years to help answer the questions.