1.1

Question 1

What is the role of the Monarch in the law-making process in the UK?

Answer 1

The Monarch provides ‘Royal Assent’, which is their agreement to a new law.

Question 2

What is the House of Lords responsible for in the law-making process?

Answer 2

Members (peers) conduct their own checks on new laws proposed by the House of Commons.

Question 3

How many elected representatives are there in the House of Commons?

Answer 3

650 elected representatives.

Question 4

Who leads the party in the House of Commons?

Answer 4

The Prime Minister.

Question 5

What is published first by the government in the law-making process?

Answer 5

‘Green paper’.

Question 6

What is the purpose of a ‘Green paper’?

Answer 6

It includes questions for interested individuals to respond to and discuss during the consultation stage.

Question 7

What follows the ‘Green paper’ in the law-making process?

Answer 7

‘White paper’.

Question 8

What does a ‘White paper’ detail?

Answer 8

It details the plan for the proposed law.

Question 9

What occurs during the First Reading of a Bill?

Answer 9

A formal announcement of the Bill is made to the House of Commons, followed by a vote to allow it to progress.

Question 10

What happens during the Second Reading of a Bill?

Answer 10

The Bill is read again and debated by the House of Commons, followed by a further vote.

Question 11

What is the Committee Stage in the law-making process?

Answer 11

A small number of MPs from different political parties examine and scrutinise the Bill and suggest amendments.

Question 12

What is produced during the Report Stage?

Answer 12

The committee provides a report to all MPs based on their examination of the Bill.

Question 13

What occurs during the Third Reading of a Bill?

Answer 13

A vote to accept or reject the Bill

Question 14

What is the role of the House of Lords in the legislative process?

Answer 14

Debate and scrutiny of the Bill, returning it to the House of Commons for amendments if necessary

Question 15

Who has the final say on a Bill?

Answer 15

The House of Commons

Question 16

What is Royal Assent?

Answer 16

The Monarch’s signing of the Bill, making it an Act of Parliament

Question 17

What happens to a Bill after receiving Royal Assent?

Answer 17

It becomes an Act of Parliament and can take effect immediately unless a future start date is indicated

Question 18

What is an example of a law that was rushed through the legislative process?

Answer 18

The Dangerous Dogs Act (1991)

Question 19

What was a consequence of the rushed process of the Dangerous Dogs Act?

Answer 19

Absence of thorough scrutiny led to breed blaming and failed to consider treatment of dogs by owners

Question 20

Fill in the blank: The _______ introduced by Kim Leadbeater is currently in the legislative process.

Answer 20

[Assisted dying bill]

Question 21

How did the voting go in the second reading of the Assisted dying bill?

Answer 21

330 voted in favor, 275 voted against

Question 22

What is the judicial process of law making?

Answer 22

Judicial precedent: past decisions of judges create laws for future judges to follow.

Question 23

What is the expectation for future judges regarding judicial precedent?

Answer 23

Future judges are expected to uphold judicial precedents, allowing cases to be handled consistently.

Question 24

What is common law?

Answer 24

Common law is the large volume of laws that the whole country follows, developed over time through judicial precedent.

Question 25

What happens when a decision is made by the Supreme Court?

Answer 25

A decision by the Supreme Court automatically creates a precedent for lower courts.

Question 26

What is 'distinguishing' in the context of judicial precedent?

Answer 26

'Distinguishing' occurs when differences between two cases mean that the precedent does not have to be followed.

Question 27

What does 'overruling' mean in judicial precedent?

Answer 27

'Overruling' refers to higher courts disagreeing with decisions made in previous cases.

Question 28

What is an 'original precedent'?

Answer 28

An 'original precedent' is set for the first time by a court decision.

Question 29

What was the significance of the case R v R (1992)?

Answer 29

In R v R, a husband was convicted of attempting to rape his wife, overruling the precedent that a husband could not be guilty of raping his wife due to the marriage contract.

Question 30

What was the rationale behind overruling the precedent in R v R?

Answer 30

The rationale was that the concept of irrevocable consent was unacceptable, as couples are now seen as equal partners.

Question 31

What is the first main interpretation rule in statutory interpretation?

Answer 31

The literal rule

Question 32

What does the literal rule state?

Answer 32

Judges should use the everyday, ordinary meaning of the word in a statute.

Question 33

What is a key consideration of the literal rule?

Answer 33

The word can have several different literal, dictionary meanings.

Question 34

Provide an example case demonstrating the literal rule.

Answer 34

Rv Maginnis (1987) - different judges found different meanings of the word 'supply'

Question 35

What is the second main interpretation rule?

Answer 35

The golden rule

Question 36

What does the golden rule allow judges to do?

Answer 36

The golden rule allows the court to modify the literal meaning to avoid absurd results.

Question 37

Provide an example case that illustrates the golden rule.

Answer 37

Adler v George (1964)

Question 38

What was the legal issue in Adler v George (1964)?

Answer 38

Whether Adler had broken the law by being in a prohibited place.

Question 39

What is the third main interpretation rule?

Answer 39

The mischief rule

Question 40

What does the mischief rule allow the court to do?

Answer 40

The mischief rule allows the court to enforce what the statute was intended to achieve.

Question 41

Provide an example case that demonstrates the mischief rule.

Answer 41

Corkery v Carpenter (1951)

Question 42

What was the legal issue in Corkery v Carpenter (1951)?

Answer 42

Whether being drunk in charge of a bicycle constituted an offence under the Licensing Act (1872).

Question 43

What was the court's conclusion in Corkery v Carpenter regarding the Licensing Act?

Answer 43

The court used the mischief rule to convict him, arguing the Act's purpose was to prevent using any form of transport when drunk.

Question 44

Fill in the blank: The golden rule allows the court to modify the literal meaning to avoid _______.

Answer 44

absurd results

Question 45

True or False: The mischief rule focuses solely on the actual wording of the statute.

Answer 45

False

Question 46

What is the government process of law making referred to as?

Answer 46

Legislation - laws made by Parliament.

Question 47

How many elected representatives are there in the House of Commons?

Answer 47

650 - elected through general elections.

Question 48

Who leads the party that has the majority in the House of Commons?

Answer 48

The Prime Minister

Question 49

What is a proposed law in the UK Parliament called?

Answer 49

A Bill

Question 50

Fill in the blank: The House of Lords is made up of members known as _______.

Answer 50

Peers

Question 51

True or False: The Monarch can reject a proposed law in the UK.

Answer 51

True

Question 52

What is the primary function of the House of Commons in the law-making process?

Answer 52

To elect representatives and propose laws

Question 53

What was a consequence of the moral panic caused by the media regarding the danferouse dog act?

Answer 53

The Bill was rushed through the stages and given Royal Assent

Question 54

What are the two processes through which judges can make laws?

Answer 54

* Judicial precedent * Statutory interpretation

Question 55

what is the process of governmental law making?

Answer 55

- green paper - white paper - first reading - second reading - committee stage - report stage - third reading - royal assent