Mini Topics Flashcards

1
Q

What are the 3 institutions that make up Parliment?

A

House of Commons
House of Lords
The Crown

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2
Q

What is the House of Lords and what kind of people sit in it?

A

The House of Lords is a non-elected body made up of mainly life peers. There are also hereditary peers and senior Bishops of the Church of England.

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3
Q

Which house is the more powerful? And why?

A

The most powerful house is the House of Commons as most bills start here and they will debate and vote on the bill. If the House of Commons votes against the bill that is automatically the end of the bill.

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4
Q

What is the difference between a green paper and a white paper?

A

A green paper is an idea for a new law that is sent into the House of Commons, all new law ideas will start as this. A white paper is a firm proposal/ new draft of the new law idea.

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5
Q

What is stage one of making a new Act of Parliment?

A

Stage one is the First Reading this is simply the name and information about the new law discussing its main aims, people will usually vote whether to continue with the law.

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6
Q

What is stage two of making a new Act of Parliment?

A

Stage two is the Second Reading and this is where there is a main discussion of the main principles of the new law only not the smaller details as they come in later. There is then a vote to see if the law should be continued to stage three.

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7
Q

What is stage three of making a new Act of Parliment?

A

Stage three is the Committee Stage and this is where a detailed examination of the bill is made by between 16-50 people who are drawn from main political parties, here changes and amendments can be made to the bill.

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8
Q

What is stage four of making a new Act of Parliment?

A

Stage four is the Report Stage this is where if any changes to the bill have been made the House of Commons must then approve the changes or reject them.

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9
Q

What is stage five of making a new Act of Parliment?

A

Stage five is the Third Reading and this is the final vote on the bill it is very unlikely that a bill would fail at this stage, MPs vote on whether to approve or reject the bill and the bill then passes to the house of Lords.

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9
Q

What is Parlimentary Supremecy?

A

It said that Parliment can legislate on any subject matter with no limits also that no Parliment can be bound by any previous parliment, nor can a Parliment pass an Act that will bind a later Parliment.

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10
Q

What is stage one of starting a court case?

A

To start a court case the claimant needs to follow the pre-action protocol, starting with a letter.

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11
Q

What is stage two of starting a court case?

A

They then need to complete a N1 claim form available from any County Court and send it to them (this will contain the details of the claim made, who the D is ect.)

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12
Q

What is stage three of starting a court case?

A

They will then need to pay the appropriate fee and if the case is defended, it will be allocated to one of the three tracks.

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13
Q

What is a first instance court? Give examples.

A

A first instance court is a court where the claimant can start a claim and where first appeals can be made. Examples are the County Court and the High Court.

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14
Q

What is an appeal court? Give examples.

A

An appeal court is where they only hear appeals due to one party disagreeing with the decision made at the county or high court. Examples are Court of Appeal and the Supreme Court.

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15
Q

What type of cases are heard in the County court?

A

Types of cases heard in the County court: Contact cases, Tort cases, Personal injury, divorce, property cases and bankruptcy.

16
Q

What type of cases are heard in the High court?

A

High court can hear all civil cases (it has unlimited jurisdiction), but some examples are: contact, tort, mortgages, property issues, divorces and child matters.

17
Q

What type of cases are heard in the QBD?

A

QBD (Queen’s Bench Division)- contract and tort cases, this is the biggest division and Judicial review is also done here.

18
Q

What is a small claims track used for?

A

Small claims track: this is used for cases under Β£10,000 or personal injury claims up to Β£1,000.

19
Q

What is a fast track used for?

A

Fast track: This is used for cases over Β£10,000 to Β£25,000.

20
Q

What is an intermediate track used for?

A

Intermediate track- for cases between Β£25,000 to Β£100,000

21
Q

What is a multi-track used for?

A

Multi-track cases: these are cases involving claims over Β£25,000 or for complex cases. Some cases even under Β£100,0000 are always heard in the multi-track due to what they are based upon.

22
Q

What is negotiation?

A

Negotiation is a way of solving a dispute between parties usually by exchanging information between them.

23
Q

What is mediation?

A

Mediation is an informal procedure where a neutral third party helps two parties come to a compromised solution. Both parties remain in full control of their decisions.

24
Q

What is an administrative tribunal?

A

Administrative Tribunals are social and welfare rights for example immigrants seeking asylum they have a right to have a claim for asylum heard.

25
Q

What is Law reform?

A

Law reform simply means changing and updating laws so that they reflect the current values of today’s society.

26
Q

What is The Law Commission?

A

The Law Commission is the main law reform body and it was set up in 1965 by the Law Commissions Act 1965. It consists of a chairman (usually a high court judge) and 4 other law commissioners who are highly qualified lawyers.

27
Q

What is the role of The Law Commission?

A

The role of the Law Commission is to keep the law under review.

28
Q

What is codification?

A

Codification is simplifying a large area of law into a smaller and simpler area of law.

29
Q

What is consolidation?

A

Consolidation is combining laws from several Acts of Parliment into one Act of Parliment.

30
Q

What is repeal?

A

Repeal is cancelling a law out of existance.

31
Q

What are some advantages of Law reform?

A

Researched by legal experts, non-political and focuses on society’s needs, the law commission consults before finalising.

32
Q

What are the disadvantages of Law reform?

A

The government are often very slow to react to these law reforms, lack of parlimentary time, government may not follow all of the recomendations of the law commissions