Unit 4 AC1.1

Question 1

What are the nine stages of law making?

Answer 1

1) Green paper
2) White paper
3) First reading
4) Second reading
5) The committee stage
6) Report stage
7) Third reading
8) The lords
9) Royal Assent

Question 2

Describe the green paper stage.

Answer 2

Before a bill, the government publishes a general report to create a public discussion on the subject to see the publics opinion

Question 3

Describe the white paper stage.

Answer 3

After consultation, the white paper is published which is a draft of the bill they intend to put to parliament

Question 4

Describe the first reading.

Answer 4

The government introduces the bill into the house of commons. This is a formal announcement followed by an initial vote.

Question 5

Describe the second reading.

Answer 5

If the bill passes the vote, the main principles are considered and debated by the house of commons and a vote is taken

Question 6

Describe the committee stage.

Answer 6

Bill examined in detail line by line by a small committee made up of different parties MPs. They propose amendments.

Question 7

Describe the report stage.

Answer 7

Gives MPs the opportunity to consider committees report and debate and vote on the amendments

Question 8

Describe third reading stage.

Answer 8

Final chance for commons to debate the bill. No amendments allowed, only pass or reject.

Question 9

Describe the lords stage.

Answer 9

Same stages as House of Commons. If the lords change the bill it will be sent back for MPs to accept or reject changes. This continues until all agree and is known as ‘ping-ponging’. House of Commons have final say.

Question 10

Describe the royal assent stage.

Answer 10

Bill goes to monarch for signing to approve it.

Question 11

What are the two judicial roles in making laws?

Answer 11

• Precedent
• Statutory interpretation

Question 12

Describe precedent

Answer 12

Past decisions of judges are used to create new laws for future judges if the point of law is the same.

Question 13

What does precedent create?

Answer 13

Consistency, certainty, and fairness. -

Question 14

What are the exceptions to following precedent?

Answer 14

• Distinguishing. When the facts in the case is different from previous cases with the same point of law
• Over ruling. A higher court states a legal decision in an earlier case is wrong and overturns it.

Question 15

Describe statutory interpretation

Answer 15

Judges can make laws by how they interpret the statutes to apply it to a case.

Question 16

What are the 3 main interpretation rules?

Answer 16

• Literal (Using the dictionary definition)
• Golden ( Modifies literal meaning to avoid absurd result)
• Mischief (Allows court to enforce what the statute was intended to achieve)

Question 17

What is the case study for precedent?

Answer 17

Marital rape (1992). Husband appealed verdict of marital rape as old precedent contradicted the verdict given. Appeal was overruled as it is now seen as unacceptable.

Question 18

What is the case study for literal interpretation?

Answer 18

R V Maggins (1987). Judges found different meanings of ‘supply’ in a drug case

Question 19

What is the case study for golden interpretation?

Answer 19

Adler V George. Adler argued he did not break the official secrets act,1920, as he was not in the vicinity of the prohibited place but in it.

Question 20

What is the case study for mischief interpretation?

Answer 20

Licensing act, 1872, makes it illegal to drive a carriage drink. Corkery Vs Carpenter, 1951, was found guilty drink driving a bike as the acts purpose was to stop all drink driving.