1.1 Flashcards

(5 cards)

1
Q

Precedent

A

An example, standard, guidelines for sentencing based upon previous and similar cases.
This ensures fair, consistent sentences and that judges are not abusing their powers.

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2
Q

Exceptions to precedent

A

Distinguishing- facts in the previous case differ from current ones, allowing judges to reach a different decision.

Overruling- a court higher in the hierarchy doesn’t agree with a decision.

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3
Q

Statutory interpretation

A

When judges make verdicts upon how they view the law. Include…

The literal rule- literal meanings of the law
The golden rule- literal meanings of words can change
The mischief rule- enforce what the law was attempting to say, rather than literal meanings.

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4
Q

Stages of governmental laws

A

Green paper- written before a bid is put in for a new bill, stets out questions to discuss.

White paper- stets out future proposals, includes draft versions of a bill and final changes can be made.

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5
Q

Parliament sages of a bill

A

House of Commons:
First reading - initial vote
Committee stage- small group of MPs examine in detail, can make changes
Report stage- changes are considered and voted upon
Third reading- no changes can be made, final vote to accept or reject bill

House of Lords:
Same stages, bill can go between the two.
Any changes made, HoC have to revote.

Royal assent:
Has to be signed by a monarch

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