Ac1.1 Flashcards
Describe processes used for law making
What is a Green Paper?
An initial report published by the government to provoke public discussion of a subject
It often includes questions for individuals and organizations to respond to.
What follows a Green Paper in the legislative process?
A White Paper, This is a document setting out their detailed plans for legislation
It often includes a draft version of the Bill they intend to put before Parliament
This document sets out detailed plans for legislation and often includes a draft version of the Bill.
What occurs during the first reading of a Bill?
The Bill is formally announced and followed by a vote to allow it to the next stage.
What happens during the second reading of a Bill?
The main principles of the Bill are debated and voted on by the whole House of Commons.
What is the Committee Stage?
The Bill is examined in detail, line by line, by a small committee of MPs from different parties.
What is the purpose of the Report Stage?
To consider the committee’s report and debate any amendments to the Bill.
What occurs during the third reading of a Bill?
It is the final chance for the Commons to debate the Bill’s contents, and no amendments are allowed.
What happens after the third reading in the House of Commons?
The Bill goes to the House of Lords to go through the same stages.
What is Royal Assent?
The monarch’s agreement to make the Bill into an Act of Parliament.
What is an example of a statute related to criminal justice?
The Criminal Justice Act (2003)
Introduced changes to the double jeopardy rule.
What is Judicial Precedent?
Law made by judges in the courts that must be followed in future similar cases.
What is the significance of Donoghue v. Stevenson (1932)?
It established the modern-day law of negligence based on the ‘neighbour principle’.
What is Statutory Interpretation?
Judges interpret words and phrases within a statute using various rules.
What does the Literal Rule require judges to do?
Give the word or phrase its natural, ordinary meaning.
What was the outcome of London & North Eastern Railway Co. v Berriman (1946)?
The court found that the family was not entitled to compensation because oiling was not ‘repairing’ as required by the statute.
What does the Golden Rule allow courts to do?
Avoid using a literal interpretation that would lead to absurd results.
What was the ruling in Sigsworth (1935)?
The court prevented a murderer from benefiting from his mother’s estate.
What is the Mischief Rule used for?
To determine what Parliament intended to remedy with the law.
What was the ruling in Corkery v Carpenter (1951)?
The court held that a bicycle could be considered a ‘carriage’ under the Licensing Act 1872.
What does the Purposive Approach focus on?
What Parliament intended when passing the new law.
What was the outcome of R v Registrar-General Ex-parte Smith (1990)?
The court denied Smith access to his natural mother’s identity to prevent potential harm.
