Question 1

What is the difference between criminal law and civil law?

Accepted Answer

Criminal law deals with behaviour that is harmful to society as a whole, such as theft or murder, and is prosecuted by the state (e.g., Crown Prosecution Service). The outcome can be punishment like imprisonment or fines. Civil law, on the other hand, resolves disputes between individuals or organisations, such as breach of contract or negligence. The remedy is usually compensation (damages) or an injunction. The burden of proof also differs: criminal cases require proof 'beyond reasonable doubt', while civil cases require proof 'on the balance of probabilities'.

Question 2

How do I remember all the cases for the exam?

Accepted Answer

Focus on understanding the legal principle each case establishes rather than memorising every detail. Create flashcards with the case name, year, court, key facts, and ratio decidendi (the legal reason for the decision). Group cases by topic (e.g., offer and acceptance, duty of care) and practice applying them to hypothetical scenarios. Repetition and active recall are more effective than passive reading.

Question 3

What is the difference between a barrister and a solicitor?

Accepted Answer

Solicitors typically provide legal advice, draft documents, and handle negotiations; they often work directly with clients in law firms. Barristers specialise in advocacy and representing clients in court; they are usually instructed by solicitors and have rights of audience in higher courts. However, the distinction has blurred: solicitors can now gain higher rights of audience, and barristers can be employed directly by clients in some circumstances.

Question 4

Do I need to know the exact wording of statutes?

Accepted Answer

You do not need to memorise entire statutes, but you should know the key provisions and their effects. For example, for the Occupiers' Liability Act 1957, remember that it imposes a duty of care on occupiers towards lawful visitors. Quoting the exact section number (e.g., s.2(1)) and key phrases can earn you marks. Use mnemonics or summaries to recall important sections.

Question 5

How is the ATHE Level 3 Diploma in Law assessed?

Accepted Answer

The diploma is typically assessed through written assignments, case studies, and examinations. Each unit has specific learning outcomes and assessment criteria. You will be required to demonstrate knowledge and understanding by explaining legal concepts, applying them to scenarios, and evaluating arguments. Some units may involve multiple-choice questions or short-answer tasks. Check your centre's specific assessment plan for details.

Question 6

Can I use this diploma to become a lawyer?

Accepted Answer

The ATHE Level 3 Diploma in Law is a stepping stone, not a direct route to becoming a solicitor or barrister. It can help you gain entry to A-Level Law, an LLB degree, or a paralegal apprenticeship. To qualify as a solicitor, you typically need a law degree (or conversion course), pass the Solicitors Qualifying Examination (SQE), and complete two years of qualifying work experience. For barristers, you need a law degree, complete the Bar Training Course, and secure pupillage.

ATHE Level 3 Diploma In Law

Assessment criteria

Topic Overview

Key Concepts

What You Need to Demonstrate

Assessment Criteria

Assessment Guidance

Common Mistakes

Frequently Asked Questions

Before You Start

Key Terminology

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Common Mistakes in ATHE Level 3 Diploma In Law

Key Marking Points

ATHE Level 3 Diploma In Law

Assessment criteria

Topic Overview

Key Concepts

What You Need to Demonstrate

Assessment Criteria

Assessment Guidance

Common Mistakes

Frequently Asked Questions

What is the difference between criminal law and civil law?

How do I remember all the cases for the exam?

What is the difference between a barrister and a solicitor?

Do I need to know the exact wording of statutes?

How is the ATHE Level 3 Diploma in Law assessed?

Can I use this diploma to become a lawyer?

Before You Start

Key Terminology

Ready to learn?

Related Topics in ATHE-LTD vocational Law

ATHE Level 6 Extended Diploma in International Law, Diplomacy and Security

ATHE Level 4 Extended Diploma in Law

ATHE Level 4 Extended Diploma in Law

ATHE Level 5 Extended Diploma in Law