1.1 Describe processes for law making

Question 1

Two main sources of the law

Answer 1

The government, through parliament
The judiciary

Question 2

List the order of stages in Law making

Answer 2

0.green paper/white paper
1. First reading
2. Second readings
3.Committee stage
4.Report stage
5.Third reading
6.House of Lords
7.Royal Assent

Question 3

The Lords Role

Answer 3

Double checker on new laws
92 Hereditary peers and 26 COE bishops and arch bishops

Question 4

Commons

Answer 4

Elected Representatives of people to represent a constituency

Question 5

Government

Answer 5

Formed by political party
Where proposal for a new bill comes from

Question 6

Green Paper

Answer 6

Initial report to evoke public discussion

Question 7

White paper

Answer 7

Draft version of Bill

Question 8

First reading

Answer 8

Formal announcement of bill and vote to allow it to move to next stage

Question 9

Second reasing

Answer 9

Main principles considered and debated by HOC

Question 10

Committee stage

Answer 10

Examined by detail and amendments proposed

Question 11

Report stage

Answer 11

Debate and vote on any amendments made

Question 12

Third reading

Answer 12

Final debate for bills content

Question 13

House of Lords

Answer 13

Goes through the process again and any amendments made are returned to HOC who have the final say

Question 14

Royal Assent

Answer 14

Monarch signs agreement to make bill into law

Question 15

2 ways judiciary contributes in law making

Answer 15

Judicial precedent
Statutory Interpretation

Question 16

Judicial precedent

Answer 16

Past decisions of judges create new laws for future judges to follow
follows court hierarchy
“common law”

Question 17

Court hierarchy

Answer 17

A decision taken in a case by a higher court automatically creates binding precedent for lower courts

Question 18

Exceptions to precedent

Answer 18

Distinguishing
Overruling

Question 19

Distinguishing in Judicial precedent

Answer 19

Judge finds facts different from one case to the earlier case

Question 20

Overruling in Judicial precedent

Answer 20

Court higher up the hierarchy states legal decisions in earlier court is wrong and over turns in

Question 21

Examples of Judicial precedent

Answer 21

R v R law on marital rape

Question 22

Statutory interpretation

Answer 22

Judges can make up laws by the way they interpret acts of parliament

Question 23

Types of statutory interpretation

Answer 23

Literal Rule
Golden rules
Mischief rule

Question 24

Literal rule in statutory interpretation

Answer 24

Use of ordinary everyday meanings of words
Problems arise when a word has several different meanings

Question 25

Golden rules in statutory interpretation

Answer 25

Rule will not be applied if it leads to absurdity

Question 26

Mischief Rule in statutory interpretation

Answer 26

Allows court to enforce what the statue was intended to achieve, rather than what the words actually say