AC1.1 Describe the processes used for law making

Question 1

Within law decision making what are the two main sources of decision making?

Answer 1

government
judiciary

Question 2

what is the english legal system made up of?

Answer 2

common law
statute law

Question 3

what is common law?

Answer 3

built on precedents by judges
also called case law

Question 4

what is statute law?

Answer 4

created by the parliament in which judges must follow

Question 5

within parliament what are the three main parts within the law decision making?

Answer 5

the monarch
the house of lords
the house of commons

Question 6

what is the role of the monarch in law making?

Answer 6

give the royal assent which is their agreement to the new law

Question 7

what is the role of the house of lords in law making?

Answer 7

act as a double check on new laws

Question 8

house of lords

Answer 8

house lords are known as peers
around 800 peers

Question 9

house of commons

Answer 9

made up of elected representatives of the people
includes 650 MPs
each MP has become elected at general elections to represent a geographical area

Question 10

what is the green paper?

Answer 10

initial report to provoke public discussion
includes questions of interest

Question 11

what is the white paper?

Answer 11

after the discussion it includes findings and detailed plans for the legislation

Question 12

what is the first reading?

Answer 12

the name of the bill and its main aims are read out and a formal vote is taken

Question 13

what is the second reading?

Answer 13

the main debate takes place followed by another vote

Question 14

what is the committee stage?

Answer 14

a chosen group of representatives look closely at the bill to address any issues and suggest any ammendments

Question 15

what is the report stage?

Answer 15

the committee report back to the full house who then vote on the proposed ammendments

Question 16

what is the third reading?

Answer 16

the final vote on the bill

Question 17

what is the royal assent?

Answer 17

the monarch signs the bill
he cannot refuse as it is now only a symbolic stage as head of state

Question 18

what happens after the royal assent?

Answer 18

the bill becomes an act of parliament and the commencement date is given

Question 19

anagram to remember parliamentary stages of a bill

Answer 19

Fat - first reading
Snails - second reading
Cant - committee stage
Reach - report stage
The - third reading
Hand - house of lords
Rails - royal assent

Question 20

what is the order of courts

Answer 20

supreme court
appeal court
crown court
magistrates court

Question 21

two examples of criminal statutes

Answer 21

The Crime (sentences) Act (1997) - introduced mandatory minimum sentences for repeat offenders
The Dangerous Dogs Act (1991) - makes it illegal to own, sell, breed, give away or abandon specific dogs

Question 22

what is judicial precedent?

Answer 22

when past decisions of judges create laws for future judges to follow
it is based on the principle of standing by or following what judges have decided in previous cases
a judge must follow decisions made in previous cases

Question 23

why is judicial precedent good?

Answer 23

by treating similar cases in the same way it produces certainty, consistency and fairness in the legal system

Question 24

donoghue v stevenson

Answer 24

mrs donoghue drank a bottle of ginger beer that had the remains of a decomposing snail in it
she fell ill and sued the manufacturer
the court decided that a duty of care was owed by the manufacturer to the woman

Question 25

daniels v white

Answer 25

brought a bottle of lemonade and when it was drank he felt a burning reaction in his throat the lemonade was found to have corrosive metal in it the facts were slightly different but it was sufficiently similar for the purpose of precedent

Question 26

what are the two exceptions to the precedent?

Answer 26

1. distinguishing 2. overruling

Question 27

what is distinguishing?

Answer 27

applies when the judge finds the facts in the present case to be different enough from the earlier case to allow him or her to reach a different decision and not follow the precedent

Question 28

what is overruling?

Answer 28

when a court higher up states that a legal decision in an earlier case is wrong and overturns it

Question 29

example of a case with exceptions to a precedent

Answer 29

the law on marital rape R v R (1992) a husband was convicted of attempting to rape his wife. he appealed on grounds that there was centuries old precedent stating a husband couldn't be found guilty of raping his wife because marriage gave a wife "irrevocable consent" to sex court of appeal overruled this on the ground of irrevocable consent not being acceptable in today's society

Question 30

what is statutory interpretation?

Answer 30

where judges are called upon to interpret words/phrases within the statutes/Acts of Parliament to apply the law to cases they are judging

Question 31

what courts are allowed to use statutory interpretation?

Answer 31

superior courts - supreme courts - court of appeal

Question 32

what are the three statutory interpretations?

Answer 32

the literal rule the golden rule the mischief rule

Question 33

what is the literal rule

Answer 33

literal meaning of the word

Question 34

what is the golden rule?

Answer 34

judges will modify the meaning of the word

Question 35

what is the mischief rule?

Answer 35

look at the intention of parliament

Question 36

case example of the literal rule

Answer 36

DPP v Cheeseman (1990) A man was caught masturbating in a public toilet by the police, who charged him under a law requiring the act to be witnessed by a "passenger." However, since the police were stationed outside the toilet specifically to catch him and were not considered "passengers," he was acquitted.

Question 37

case example of the golden rule

Answer 37

Alder v George (1964) A man trespassed into an RAF station, disrupting a guard on duty. The site was a prohibited place under the Official Secrets Act 1920. He argued that since he was inside the station, he wasn't "in the vicinity" of it. The judges applied the golden rule, interpreting "vicinity" to include the site itself to prevent an absurd loophole. He was found guilty.

Question 38

case example of the mischief rule

Answer 38

Smith v Hughes (1960) prostitutes solicited from windows and balconies, visible to the public. The Street Offences Act 1959 made soliciting in a public place an offence. under the literal rule, the women were in private spaces and would not be an offence. But the judge applied the mischief rule, ruling that the law aimed to prevent public solicitation, regardless of location. Since the mischief occurred, they were found guilty.