What is the difference between criminal law and civil law?

Criminal law deals with conduct that is harmful to society, prosecuted by the state, with penalties like imprisonment or fines. Civil law resolves disputes between individuals or organisations, with remedies such as damages or injunctions. The burden of proof differs: criminal cases require proof beyond reasonable doubt, while civil cases require proof on the balance of probabilities.

How do I apply the doctrine of precedent in an exam?

Identify the material facts of the current case and compare them to previous cases. Determine if the precedent is binding (from a higher court) or persuasive. Explain how the ratio decidendi (legal reasoning) applies, and whether any distinguishing factors exist. Use cases like Donoghue v Stevenson to illustrate neighbour principle in negligence.

What are the main sources of UK law?

Primary sources include legislation (Acts of Parliament), common law (judge-made law through precedent), and equity (principles of fairness). Secondary sources include delegated legislation, EU law (retained), and the European Convention on Human Rights. Understanding the hierarchy is key: statutes override common law.

How do I answer a problem question in contract law?

First, identify the legal issues (e.g., offer, acceptance, consideration). Apply the relevant rules using case law (e.g., Fisher v Bell for invitation to treat). Analyse the facts in light of the rules, then conclude on likely outcomes. Always state whether a contract exists and any remedies available.

What is the significance of the Human Rights Act 1998?

The Human Rights Act incorporates the European Convention on Human Rights into UK law, allowing individuals to enforce their rights in domestic courts. It requires public authorities to act compatibly with Convention rights and enables courts to interpret legislation in line with these rights. It has impacted areas like privacy, fair trial, and freedom of expression.

How do I prepare for the ATHE Level 5 Law exams?

Focus on understanding key concepts and applying them to scenarios. Create revision notes summarising cases and statutes. Practice past papers under timed conditions to improve speed and structure. Use the IRAC method for problem questions and ensure you can discuss both sides of an argument for essay questions.

ATHE Level 5 Extended Diploma in Law

ATHE-LTD

vocational

This topic examines the law of tort, including duty of care, employers' and occupiers' liability, nuisance, and defamation. Learners will understand the principles and application of tort liability.

Learning Outcomes

Assessment Guidance

Key Skills

Key Terms

Assessment Criteria

Assessment criteria

Law of Tort

Family Law

Criminal Law

Equity and Trusts

Legal Skills

EU Law

Land Law

Topic Overview

The ATHE Level 5 Extended Diploma in Law provides a comprehensive foundation in legal principles, preparing students for further study or entry-level legal roles. This qualification covers key areas such as contract law, tort law, criminal law, and the English legal system, emphasizing both substantive law and practical application. Students develop critical thinking, analytical, and research skills essential for legal professions.

Understanding the English legal system is crucial as it forms the backbone of all other legal studies. This includes the hierarchy of courts, sources of law (statute, common law, equity), and the role of precedent. Mastery of these concepts enables students to navigate legal arguments and understand how laws are created, interpreted, and applied.

The diploma integrates vocational elements, such as legal writing and case analysis, to bridge academic knowledge with real-world practice. This approach ensures students are not only exam-ready but also equipped for careers in paralegal work, legal administration, or progression to a law degree.

Key Concepts

Core ideas you must understand for this topic

→Doctrine of Precedent: The principle that courts must follow decisions of higher courts in similar cases, ensuring consistency and predictability in law.
→Statutory Interpretation: Methods used by judges to interpret legislation, including the literal, golden, mischief, and purposive rules.
→Separation of Powers: The division of state functions among the legislature, executive, and judiciary to prevent abuse of power.
→Burden and Standard of Proof: In criminal cases, the prosecution must prove guilt beyond reasonable doubt; in civil cases, the claimant must prove on the balance of probabilities.
→Elements of a Contract: Offer, acceptance, consideration, intention to create legal relations, and capacity.

What You Need to Demonstrate

Key skills and knowledge for this topic

Explain the purpose of tort law and its distinction from criminal law.
Apply the Caparo test to establish a duty of care.
Describe employers' liability for workplace injuries and occupiers' liability under the Occupiers' Liability Acts.
Analyse the elements of private and public nuisance.
Identify the key elements of defamation, including publication and damage to reputation.
Explain how adult relationships are formalised and dissolved legally.
Describe the court's powers regarding asset division for cohabiting couples.
Identify orders available to regulate behaviour and property in domestic abuse cases.

Assessment Criteria

Key criteria assessors look for in your portfolio

Explain the purpose of tort law and its distinction from criminal law.
Apply the Caparo test to establish a duty of care.
Describe employers' liability for workplace injuries and occupiers' liability under the Occupiers' Liability Acts.
Analyse the elements of private and public nuisance.
Identify the key elements of defamation, including publication and damage to reputation.
Explain how adult relationships are formalised and dissolved legally.
Describe the court's powers regarding asset division for cohabiting couples.
Identify orders available to regulate behaviour and property in domestic abuse cases.
Explain how disputes involving children are dealt with in private law.
Outline key principles of family law practice.
Explain inchoate offences like attempt and conspiracy.
Understand joint enterprise liability.
Identify general defences in criminal law.
Describe law and practice of arrest and detention.
Explain the role of a legal advisor with vulnerable clients.
Explain the three certainties required for an express trust.
Distinguish between resulting and constructive trusts.
Describe the role and duties of a trustee.
Identify equitable remedies and their application.
Award credit for accurate use of legal phrases and avoidance of ambiguity in drafting.
Award credit for correct identification of the legal issue, holding, and reasoning in case analysis.
Award credit for clear structure, confident delivery, and appropriate use of legal authority in oral presentations.
Award credit for demonstration of self-awareness and specific, measurable action points in skills evaluation.
Award credit for accurately identifying key founding treaties (e.g. Treaty of Rome, Maastricht Treaty) and their significance.
Credit distinction between primary and secondary sources of EU law with appropriate examples.
Look for a clear explanation of direct effect, indirect effect, and state liability as enforcement doctrines.
Require application of the Dassonville formula and Keck criteria when analysing restrictions on goods.
Define legal and equitable interests in land.
Explain the elements of proprietary estoppel.
Distinguish between easements and licences.
Describe how freehold covenants bind successors.
Apply adverse possession rules to a scenario.

Assessment Guidance

Guidance for achieving higher grades

💡Use case law to support your answers (e.g., Donoghue v Stevenson).
💡Structure answers using the IRAC method (Issue, Rule, Application, Conclusion).
💡Practise problem questions to apply principles to scenarios.
💡Refer to relevant legislation such as the Matrimonial Causes Act 1973.
💡Use case law examples to illustrate principles.
💡Remember that the child's welfare is paramount in private law disputes.
💡Use case law to illustrate key principles.
💡Remember the elements of each defence.
💡Practise applying the law to scenarios.
💡Use case law to support your answers.
💡Memorise key cases for each trust type.
💡Practice problem questions on trust creation.
💡Review exemplar legal documents to understand format and register.
💡When analyzing a case, create a concise brief summarizing the key points.
💡Rehearse presentations multiple times, focusing on time management and clarity.
💡Keep a reflective journal throughout the course to evidence development.
💡Integrate recent CJEU case law to strengthen arguments on the scope of free movement rights.
💡Structure answers to first identify the relevant treaty article before discussing its interpretation and exceptions.
💡Ensure balanced discussion of both the rights conferred and the justifiable restrictions permitted under EU law.
💡Use case law to support your answers.
💡Structure answers using IRAC method.
💡Define key terms before applying them.
💡Use specific case names and statutes to support your arguments. For example, in contract law, cite Carlill v Carbolic Smoke Ball Co for unilateral offers.
💡Structure your answers using IRAC (Issue, Rule, Application, Conclusion) to ensure logical flow and full coverage of the question.
💡Pay attention to the wording of the question: 'discuss' requires balanced analysis, while 'explain' focuses on clarity of concepts.

Common Mistakes

Common errors to avoid in your coursework

Confusing tort with contract law.
Forgetting that duty of care must be established before breach.
Mixing up the defences for different torts.
Confusing marriage and civil partnership dissolution procedures.
Assuming cohabiting couples have the same rights as married couples.
Overlooking the welfare principle in child disputes.
Confusing inchoate offences with substantive offences.
Misunderstanding the scope of joint enterprise.
Overlooking the specific needs of vulnerable clients.
Confusing legal and equitable interests.
Misunderstanding the beneficiary principle.
Failing to distinguish between types of trusts.
Using informal language or colloquialisms in legal documents.
Failing to distinguish between binding and persuasive precedents.
Lack of engagement with the audience, e.g., reading verbatim from a script.
Providing only descriptive accounts of skills without critical analysis.
Confusing the European Council with the Council of the European Union in terms of composition and role.
Failing to differentiate between direct effect and direct applicability of EU law.
Misapplying the Keck judgment by treating all selling arrangements as automatically outside Article 34 TFEU without proper analysis.
Overlooking the public health derogation under Article 36 TFEU when assessing restrictive measures.
Confusing easements with profits à prendre.
Forgetting that proprietary estoppel requires reliance.
Misapplying the rule in Spencer's Case.
Misconception: Precedent is always binding. Correction: Only decisions from higher courts in the same hierarchy are binding; decisions from lower courts or courts in other hierarchies are persuasive only.
Misconception: The literal rule is always used. Correction: Judges may use other rules (golden, mischief) to avoid absurd outcomes or to give effect to Parliament's intention.
Misconception: All contracts must be in writing. Correction: Many contracts can be oral or implied by conduct, though some (e.g., land sales) require written form.

Frequently Asked Questions

Common questions students ask about this topic

Before You Start

Prior knowledge that will help with this topic

•Basic understanding of the UK legal system, including the role of Parliament and courts.
•Familiarity with legal terminology and concepts such as 'tort' and 'breach of contract'.

Key Terminology

Essential terms to know

1. Understand the nature and purpose of liability in tort2. Understand the duty of care for the purposes of establishing liability in tort.3. Understand the nature of employers’ and occupiers’ liability4. Understand the principles of nuisance claims5. Understand the principles of defamation
1. Understand how adult relationships are formalised and ended2. Understand the powers of the court to determine the split of assets for cohabiting couples 3. Understand the orders available to regulate behaviour and property in cases of domestic abuse4. Understand how disputes involving children are dealt with in private law 5. Understand key principles of the practice of family law
1. Understand inchoate offences2. Understand the legal doctrine of joint enterprise crime3. Understand denials of liability as general defences in criminal law4. Understand the law and practice relevant to arrest and detention 5. Understand the role of a legal advisor in dealing with vulnerable clients and witnesses
1. Understand the elements required to create an express trust2. Understand the elements required for an implied trust to arise3. Understand the operation and existence of purpose trusts4. Understand the role and responsibilities of a trustee5. Understand equitable remedies
Legal Drafting Principles
Case Analysis Methodology
Oral Advocacy Techniques
Professional Skills Evaluation
Reflective Practice
European Integration Rationale
EU Institutional Architecture
Enforcement and Supremacy of EU Law
Internal Market: Free Movement of Goods
Free Movement of Persons and Establishment Rights
1. Understand the nature of interests in real property2. Understand the concept and application of proprietary estoppel3. Understand the nature and purpose of easements4. Understand the nature and purpose of freehold covenants5. Understand the application of adverse possession

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ATHE Level 5 Extended 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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Examiner Tips for ATHE Level 5 Extended Diploma in Law

Common Mistakes in ATHE Level 5 Extended Diploma in Law

Key Marking Points

ATHE Level 5 Extended 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 apply the doctrine of precedent in an exam?

What are the main sources of UK law?

How do I answer a problem question in contract law?

What is the significance of the Human Rights Act 1998?

How do I prepare for the ATHE Level 5 Law exams?

Before You Start

Key Terminology

Ready to learn?

Related Topics in ATHE-LTD vocational Law

ATHE Level 3 Diploma In Law

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

ATHE Level 3 Diploma In Law

ATHE Level 4 Extended Diploma in Law