As Level Law

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This book comprehensively covers the new Law Advanced Subsidiary syllabuses of the leading examining boards. This third edition replaces Lecture Notes on A Level Law Paper I,incorporating all the changes for the new examinations and bringing the legal issues within it into the 21st century. Each of the main areas in the book are dealt with in an interesting and stimulating way, so as to encourage students to progress from this level and further develop their knowledge and understanding of law and how it operates in society. As well as discussing the most important foundations and principles of English and European law, the book deals with many of the major developments in the law, including the impact of the Human Rights Act 1998 and the increased use of alternatives to litigation. It also clearly discusses the work of the leading legal theorists of the 20th century in a way which will be thought-provoking to all students. The text is designed to encourage the reader to follow the latest developments in the law at this time of change and reform, particularly through the media and, especially, the internet.

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AS Level Law CP Cavendish Publishing Limited London • Sydney AS Level Law Mary Collins, LLB, LLM, PGCE Solicitor and Senior Lecturer in Law University of Plymouth CP Cavendish Publishing Limited London • Sydney Third edition first published in Great Britain 2000 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom. Telephone: +44 (0) 20 7278 8000 Facsimile: +44 (0) 20 7278 8080 E-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com This title was previously published as Lecture Notes on A Level Law: Paper I © Collins, M First edition Second edition 2000 1994 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. British Library Cataloguing in Publication Data Collins, Mary AS Level Law – 3rd ed 1 Law – England 2 Law – Wales I Title 349.4'2 ISBN 1 85941 596 2 Printed and bound in Great Britain PREFACE This text aims to cover the new Law Advanced Subsidiary syllabuses of the Assessment and Quality Agency (AQA) and the Oxford, Cambridge and Royal Society of Arts Combined Examination Boards (OCR). Each syllabus is in three parts: the AQA has three modules (Law Making, Dispute Solving and The Concept of Liability in Crime and Tort); and the OCR has three units (Machinery of Justice, Legal Personnel and Sources of Law). The AQA syllabus is wider than the OCR, as it includes the concept of liability. Each of these main areas is dealt with in this book in what is hoped to be both an interesting and stimulating way, so as to encourage students to progress from this level and further develop their knowledge and understanding of law and how it operates in society. This is a very exciting time to be embarking on a study of the law. Not only will students be given a broader introduction to the study of law via the AS level course, but the legal system is in a state of major change and reform. Several changes in legislation and judicial precedent have already occurred, but more are planned and students are encouraged to follow these developments, not only in their reading, but also through the media and, in parti