1.1 Flashcards
(5 cards)
Precedent
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.
Exceptions to precedent
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.
Statutory interpretation
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.
Stages of governmental laws
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.
Parliament sages of a bill
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