Unit 4 - AC1.1 Describe Processes Used For Law Making Flashcards

1
Q

What are the 3 parts of parliament

A

House of commons
House of Lords
Monarchy

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2
Q

How many mps are in parliament

A

650

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3
Q

What are the members of the House of Lords called

A

Peers

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4
Q

How many peers are there

A

800 and 95 hereditary peers

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5
Q

What is the role of the monarch

A

To give royal assent to pass the law

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6
Q

What’s a bill

A

A proposal for a new law

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7
Q

What does a new law have to be aproved by before it is an act of parliament

A

House of Commons lords and monarch

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8
Q

What’s a green paper

A

The initial report to provoke public discussion

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9
Q

What’s a white paper

A

The detailed plan intended to be put before parliament

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10
Q

What are the 6 parliamentary stages

A

First reading / second reading/ committee stage / report stage / third reading / royal assent

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11
Q

What’s the first reading

A

Name and main aims, formal vote is taken

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12
Q

What is the second reading

A

The main principles are debated and another vote held

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13
Q

What is the committee stage

A

Bill is examined in detail by a small committee of MPs and reported back to the house for amendments

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14
Q

What is the Report stage

A

MPs debate and vote on amendments

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15
Q

What is the third reading

A

Final debate, cannot change anything, pass the bill or reject

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16
Q

What is the royal assent

A

Once passed both houses the monarch signs the bill to make it an act of parliament

17
Q

What are the 2 processes that mean judges can make laws too

A

Judicial precedent and statutory interpretation

18
Q

What’s a judicial precedent

A

Where past decisions by judges create laws for future judges to follow

19
Q

What does the judicial precedent (JP) help

A

Create fairness and consistency in the legal system and created the common law

20
Q

What’s common law

A

A ser of laws common to the whole country

21
Q

What is the court hierarchy system

A

Supreme Court / crown-appeal-high etc court / tribunals-magistrates court

22
Q

What are the 2 exceptions to the Jp

A

Distinguishing and overruling

23
Q

What is distinguishing

A

If the legal principle and facts are different enough from the earlier case so a different decision can be reached and don’t have to follow the earlier precident

24
Q

What is overruling

A

When a court higher up overturns an earlier case of it’s wrong such as at an appeal

25
Q

What is statutory interpretation

A

The way that the judge interprets the statues/ acts of parliament

26
Q

What is a statue

A

A written law

27
Q

What are the 3 main interpretation rules

A

The literal rule / the golden rule / the mischief rule

28
Q

What is the literal rule

A

Judges use the everyday, dictionary meaning but there can be plural dictionary meanings

29
Q

What the golden rule

A

Allowing the modification of the literal meaning to avoid an absurd result

30
Q

What’s the mischief rule

A

When the court can enforce what the statue was intended to achieve not what thwarted words actually say