A Level Law: The English Legal System — Practice Questions

These are original questions written for Marlbridge, in the style and at the standard of the examination. They are not reproduced past-paper questions — examination boards hold copyright in their own papers. Use these alongside the official past papers available free from your board.

Related: The English Legal System revision notes

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Section A

1. Distinguish between civil and criminal law in terms of purpose, parties, standard of proof and outcome. [4]

2. Name the criminal courts in order of hierarchy and state the type of offence each deals with. [4]

Section B

3. Explain the three classifications of criminal offence and where each is tried. [6]

4. Explain the role of the jury in a Crown Court trial.

(a) State the qualifications and disqualifications for jury service. [4] (b) Explain three advantages of jury trial. [6] (c) Explain three disadvantages. [6]

5. Explain the difference between a barrister and a solicitor, and the role of a legal executive. [6]

6. Explain three ways in which judicial independence is protected and why it matters. [7]

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Answers

1. Purpose — criminal law maintains order and punishes wrongdoing against the state; civil law resolves disputes between individuals and compensates the wronged party [1]. Parties — criminal cases are brought by the Crown (prosecution) against the defendant; civil cases by a claimant against a defendant [1]. Standard of proof — criminal cases require proof beyond reasonable doubt; civil cases require proof on the balance of probabilities [1]. Outcome — criminal: guilty or not guilty, followed by a sentence; civil: liable or not liable, followed by a remedy such as damages [1].

2. Magistrates’ Court — summary offences and either-way offences accepted for summary trial [1]. Crown Court — indictable offences and either-way offences sent up for trial, plus appeals from the magistrates [1]. High Court (King’s Bench Division) — appeals by way of case stated [1]. Court of Appeal (Criminal Division) and the Supreme Court — appeals on points of law of general public importance [1].

3. Summary offences — the least serious, e.g. most driving offences and common assault; tried only in the Magistrates’ Court [1] [1]. Either-way offences — e.g. theft and ABH; can be tried in either court, depending on the magistrates’ assessment of their sentencing powers and the defendant’s election [1] [1]. Indictable offences — the most serious, e.g. murder, manslaughter and robbery; the first hearing is in the magistrates’ court but the trial is always in the Crown Court before a judge and jury [1] [1].

4. (a) Qualifications: aged 18 to 75, on the electoral register, and resident in the UK for at least five years since the age of 13 [1] [1]. Disqualifications: those on bail, those with certain criminal convictions — permanently for a life sentence or five years’ imprisonment — and those lacking mental capacity [1] [1]. (b) Any three, 2 marks each: public confidence — trial by one’s peers is a long-established constitutional safeguard against the state and is widely trusted [1] [1]. Jury equity — jurors decide on the facts and are not bound by precedent, so they can acquit where the law would produce an unjust result, as in R v Ponting [1] [1]. Impartiality — twelve randomly selected strangers, deciding as a group, are less likely to be biased than a single professional judge who tries such cases daily and may become case-hardened [1] [1]. (c) Any three, 2 marks each: secrecy of the deliberation — no reasons are given, so it is impossible to know whether the law was properly applied or whether the verdict was perverse [1] [1]. Comprehension — complex fraud or technical cases may exceed the understanding of lay jurors, risking verdicts based on impression rather than evidence [1] [1]. Bias and outside influence — media coverage and, increasingly, internet research by jurors can prejudice a trial [1] [1]. Cost and delay — jury trial is far slower and more expensive than summary trial [1] [1].

5. Barristers are typically self-employed specialists in advocacy and legal opinion, practising from chambers and traditionally instructed by a solicitor rather than directly by the client [1] [1]. Solicitors deal directly with clients, handle the preparation of the case, conveyancing, wills and litigation, and increasingly exercise rights of audience in the higher courts [1] [1]. Legal executives are qualified through CILEX, specialise in one area of law, work in a solicitors’ firm and may in time obtain rights of audience and judicial appointment [1] [1].

6. Any three, 2 marks each: security of tenure — senior judges hold office during good behaviour and can only be removed by a petition to the monarch approved by both Houses of Parliament, so they cannot be dismissed for unpopular decisions [1] [1]. Salaries are charged on the Consolidated Fund, so they are not subject to annual parliamentary vote and cannot be used as leverage [1] [1]. Immunity from suit for acts done in a judicial capacity, so judges cannot be sued for their decisions [1] [1]. Appointment by the independent Judicial Appointments Commission rather than by a government minister, and the separation of the Lord Chancellor’s role under the Constitutional Reform Act 2005 [1] [1]. It matters because judges must be able to decide cases against the government of the day without fear of dismissal or financial penalty [1], which is essential to the rule of law and to judicial review.

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Where marks are usually lost

• Reversing the two standards of proof.
• Saying either-way offences are tried only in the Crown Court.
• Listing jury advantages without explaining them.
• Describing judicial independence without linking it to the rule of law.