AC 1.1 Flashcards

1
Q

Name all the stages of the Parliamentary (government) process.

A

Green Paper, White Paper, First Reading , Second Reading, Committee Stage , Report Stage , Third Reading , House of Commons/Lords , Royal Assent.

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2
Q

What is the first stage of the Parliamentary process?

A

Green Paper - informal proposal, sets out ideas for a new law.

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3
Q

What is the second stage of the Parliamentary process?

A

White Paper - formal proposal presented to parliament, known as the bill

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4
Q

What is the third stage of Parliamentary Process?

A

First Reading - name and aims of the bill are read out in Parliament, a vote is taken.

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5
Q

What is the fourth stage of the Parliamentary process?

A

Second Reading - debate on the bill, another vote is taken.

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6
Q

What is the fifth stage of the Parliamentary process?

A

Committee Stage - a selected of MPs scrutinise the bill, make proposed amendments.

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7
Q

What is the sixth stage of the Parliamentary process?

A

Report Stage - committee report back, vote is taken on proposed amendments.

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8
Q

What is the seventh stage of the Parliamentary process?

A

Third Reading - a final vote is taken.

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9
Q

What is the eighth stage of the Parliamentary process?

A

House of Commons/Lords - stages 3-7 are repeated in the other house.

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10
Q

What is the ninth and final stage of the Parliamentary process?

A

Royal Assent - monarch signs the bill and it becomes an Act of Parliament (law) , symbolic, monarch can’t refuse to sign.

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11
Q

What are the two judicial law - making processes?

A

Judicial Precedent and Statutory Interpretation.

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12
Q

What is Judicial Precedent?

A

law made by judges in court, when a judge makes a decision in a case it becomes a law. it then has to be followed in similar cases.

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13
Q

What rule must be followed in Judicial Precedent?

A

the lower courts are bound by the higher courts, to make sure the law is applied consistently.

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14
Q

What are the 2 case studies in Judicial Precedent?

A

Donoghue v Stevenson, Daniels v White

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15
Q

What happened in Donoghue v Stevenson and what was the precedent?

A

a woman drank a bottle of ginger beer, it had a decomposing snail in it , she sued the manufacturer & won , the court decided manufacturer owed her a duty of care , the law of negligence was created (precedent).

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16
Q

What happened in the case of Daniels v White?

A

bottle of lemonade was found out have corrosive metal in it, D v S was used when suing for compensation, facts were slightly different but was sufficiently similar for precedent to be used.

17
Q

What is Statutory Interpretation?

A

Judges interpret words and phrases within a statute.

18
Q

What are the 2 rules of Statutory Interpretation?

A

the Literal Rule , the Golden Rule

19
Q

What is the Literal Rule & case?

A

judges take the ordinary, dictionary definition of a word - Whiteley v Chappel, charged with impersonating any person entitled to vote, D pretended to br a dead person, dictionary definition said a dead person isn’t entitled to vote, D was not guilty.

20
Q

What is the Golden Rule & example?

A

when there is 2 meanings of a word, judges take the one that won’t create and absurd result - Adler v George, it’s an offence to obstruct a member of the armed forces in the vicinity of a prohibited place, D was in the prohibited place not the vicinity, used golden rule because it would be absurd to not convict, ‘changed’ the meaning of vicinity and applied it.