Question 1

What is the difference between criminal law and civil law?

Accepted Answer

Criminal law deals with behaviour that is harmful to society, such as theft or assault, and is prosecuted by the state (e.g., Crown Prosecution Service). The aim is to punish the offender, with outcomes like fines or imprisonment. Civil law resolves disputes between individuals or organisations, such as breach of contract or negligence. The aim is to compensate the victim, usually with damages. The same act can lead to both criminal and civil proceedings, as in a car accident where the driver may face a criminal charge for dangerous driving and a civil claim for compensation.

Question 2

How do I remember the elements of a contract?

Accepted Answer

Use the mnemonic 'OACIC' – Offer, Acceptance, Consideration, Intention to create legal relations, Capacity. Offer is a clear statement of terms; acceptance is unconditional agreement; consideration is something of value exchanged; intention means both parties intended to be legally bound; capacity refers to the legal ability to contract (e.g., over 18, sound mind). Practice applying these to everyday scenarios, like buying a coffee or signing a phone contract.

Question 3

What is the doctrine of precedent?

Accepted Answer

The doctrine of precedent, or stare decisis, means that courts follow decisions made in higher courts in similar cases. For example, a decision by the Court of Appeal binds all lower courts (High Court, County Court). This ensures consistency and fairness in the law. However, the Supreme Court can depart from its own previous decisions in exceptional circumstances, as seen in the Practice Statement 1966. Understanding this hierarchy is crucial for predicting case outcomes.

Question 4

Do I need to memorise case names for the exam?

Accepted Answer

Yes, memorising key case names and their principles is essential for achieving high marks. Examiners expect you to support your answers with relevant legal authority. For example, in negligence, you should know Donoghue v Stevenson (1932) for duty of care, and Caparo Industries plc v Dickman (1990) for the three-part test. Create flashcards or case summaries to help recall facts and ratios.

Question 5

What is the difference between actus reus and mens rea?

Accepted Answer

Actus reus is the physical act or omission that constitutes the crime, such as taking someone's property (theft) or causing death (murder). Mens rea is the mental state or intention to commit the crime, such as intention or recklessness. For most crimes, both must be present at the same time. For example, in murder, the actus reus is the unlawful killing, and the mens rea is the intention to cause death or grievous bodily harm. Strict liability offences, like speeding, do not require mens rea.

Question 6

How can I apply the law to a scenario in an exam?

Accepted Answer

Use the IRAC method: Issue – identify the legal question (e.g., 'Is there a valid contract?'). Rule – state the relevant law (e.g., 'An offer must be communicated and accepted unconditionally'). Application – apply the law to the facts (e.g., 'Here, the offer was made by email and accepted by post, so the postal rule applies'). Conclusion – give a clear answer (e.g., 'Therefore, a contract was formed on the date of posting'). Practice with sample scenarios to build confidence.

Pearson BTEC Level 2 Certificate in Law and Legal Work

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