1.1 unit 4 Flashcards
what is stage 1 of the government law making process
consultation stage
what happens in the consultation stage?
before it has been drafted it stats as a green paper where recommendations are given and then the white paper is publisbed which has the final desisions in it
what is stage 2?
the first reading
what happens in the first reading?
formal introduction to the bill in either house where the aims and main aims are read out, a verbal vote is taken to see if it will reach a second reading
what is stage 3
second reading
what happens in the second reading?
there is a main debate on the bill followed by a vote where there must be a majorityif there is a division they pass through the aye or no door
what is the fourth stage/
comitee stage
what happens in the committee stage?
there is a standing committee where a group of select MP’s examines the bill clause by clause and make amendments
what is stage 5?
report stage
what happens in the report stage?
any amendments/ suggestions are read back and reported to the house. only when the house is satisfied with the bill it passes to the next stage.they vote again
what is stage 6?
the 3rd reading
what happens at the 3rd reading?
there is a final debate as whether the bill should proceed to the other house and a vote it took. if it goes tot the other house it goes through the same stages
what is the 7th stage?
the ping pong stage
what happens in the ping pong stage?
the amendments from the other house are considered and the bill is sent back and forth until both houses are satisfied
what is the last stage of the governmental law making process?
the royal assent where the king gives assent to the bill (approval)
what is statutory interpretation?
where the judge has to apply and interpret the law to the case they are hearing
what is judicial precedent?
when judges create law if they feel there is no law to apply to the case, no guidance from government
what happens when judicial precedent is created?
all judges have to follow this when the scenario is the same
is judicial precedent binding?
yes
what is the difference between common law and civil law?
common/case/ judge made law - made through precedent
civil-through statutes
what is important about the courts when considering precedent?
bound by any decision above it in the court heirarchy apart from court of appeal which is only bound by its own previous descisions
what did the donoghue and stevenson case do?
it created a new type of liability in negligence law and is an example of judicial precedent. it was when someone found a snail in their ginger beer, and it made the manufacturer liable/ have a duty of care
what are the 4 things judges can do when presented with a case?
Follow a previous precedent
Overrule a previous case (eg supreme court can do this)
Reverse - disagree with a lowe court descision
Distinguish between the cases as precedent is only binding if the case is similar
why do we need statutory interpretation?
broad terms in legislation
ambiguity when words have multiple meanings
drafting error
societal developments
