Law

Question 1

House of Commons

Answer 1

-public elects 650 member
-mps propose new laws
-can scrutinise government

Question 2

House of Lords

Answer 2

-second chamber
-questions government action
-791 unelected members

Question 3

The process of a bill

Answer 3

1.gov has idea
2.draft bill
3.bill goes to first reading
4.second reading
5. committee stage
6.report stage
7.third reading
8.house of lords
9.royal assent
10.enactment

Question 4

Advantages of parliamentary law making

Answer 4

Scrutiny- 3 readings, minimise errors
Democratic
Government control
House of Lords- prevent government abuse of power
Flexibility

Question 5

Disadvantages of parliamentary law making

Answer 5

•Slow-can take months or years
•Undemocratic-house wig lords is unelected
•Too much government control
•Hard to amend
•Dated language
•Hard to know what law is in force

Question 6

Influences on parliamentary law making

Answer 6

Political pressure
Pressure groups
The media
Law commission
Judges

Question 7

Advantages of pressure groups

Answer 7

•raise public awareness of issues
•remind parliament of issues that are important to them and the public

Question 8

Disadvantages of pressure groups

Answer 8

campaigns may be objective or biased
some undesirable tactics are used
may only represent a minority view but be overly influential

Question 9

Parliamentary supremacy

Answer 9

•parliaments power is unlimited
•no one in parliament can limit the power of a future parliaments
•no one can question the validity of a parliamentary law or override it

Question 10

The EU

Answer 10

If there is conflict between uk and EU law- EU law prevails
Laws made under this and subsequent treaties has the effect of being law in the uk thanks to the European communities act 1972

Question 11

Reason for needing rules of interpretation

Answer 11

•an act contains ambiguous words
•words are used to broad
•new advances in technology may raise questions of new interpretations
•error in drafting

Question 12

Literal rule

Answer 12

Judge is required to give the word or phrase their dictionary meaning, even where it appears contrary to parliaments intention

Question 13

Advantages of literal rule

Answer 13

Respects parliamentary sovereignty
Democratic
Highlights issues that need correcting
More certain

Question 14

Disadvantages of literal rule

Answer 14

•Absurd results
•Unjust results does not give effect to intention of parliament
•Cannot work if there are more than one dictionary meaning
•Assumes perfection from draftsmen

Question 15

Golden rule

Answer 15

Extends the literal rule
2 or more meanings judge selects 1

Question 16

Narrow approach

Answer 16

This applies where a word or phrase has 2 literal meanings. The judge can select 1 that avoids the absurdity

Question 17

Broad approach

Answer 17

Phrase is interpreted to avoid absurdity

Question 18

Advantages of golden rule

Answer 18

•Prevents absurd and unjust results which could be caused by the literal rule
•Respects words of parliament
•More likely than the literal rule to give effect to parliamentary intention

Question 19

Disadvantages of golden rule

Answer 19

*no clear definition of an absurd result which leads to uncertainty for lawyers advising their clients.
*too much power to judges
*Michael zander has described the golden rule as a ‘feeble parachute’. This … Opponents of the approach say that only the words of the Act can show.

Question 20

Mischief rule

Answer 20

The court will seek to interpret an act by looking at the gap in the law that it was trying to fill

Question 21

Advantages of mischief rule

Answer 21

Avoids absurd results
Justice in individual cases
Promotes flexibility and a focus on parliaments intention

Question 22

Disadvantages of mischief

Answer 22

Too much power to judiciary
Not always easy to find the mischief
Can make law uncertain

Question 23

Purposive approach

Answer 23

Focuses on what parliament intended to do
Pepper v hart
Jones v Tower boot

Question 24

Advantages of purposive approach

Answer 24

May give effect to parliament intention

Question 25

Disadvantages of purposive approach

Answer 25

Too much power to unelected judiciary Uncertainty Judges may have overstepped their mark and made decisions based on public policy

Question 26

Internal aids to interpretation

Answer 26

•Short and long title (abortion act1967) •Schedules •purposes section or preamble •punctuation

Question 27

3 aspects to the rule of law

Answer 27

•no person shall be punished except in accordance with the law •there is equality before the law •fairness and clarity of the law

Question 28

External aids to interpretation

Answer 28

Extrinsic aids to interpretation are the tools or materials found outside the statute itself that can help in interpreting the meaning and purpose of a particular provision or section of the statute. Some of the extrinsic aids commonly used in statutory interpretation include the following: Hansard Dictionaries text books Academic writings Law Commission Reports Case law from other jurisdictions repprtsof law reform bodies

Question 29

lay magistrates

Answer 29

they are not legally qualified they work on criminal cases they are unpaid

Question 30

qualifications of a magistrate

Answer 30

1.right personal qualities 2.willingness to take oath of allegiance 3.over 18 and under 65 4.live or work within the local area

Question 31

appraisal

Answer 31

during the first 2 years new magistrates will be mentored and will attend additional training

Question 32

advantages of magistrates

Answer 32

saves money local knowledge availability of judges can deal with issues that arise public confidence

Question 33

disadvantages of magistrates

Answer 33

unrepresentative of society inconsistent case hardened and biased reliance on legal advisor

Question 34

jurors

Answer 34

chosen at random from electoral role by the jury central unpaid, no legal knowledge required sit in bench of 12 in the crown court

Question 35

jurors role

Answer 35

decides fact not law decides verdict must not search the internet during the trial

Question 36

advantages of juries

Answer 36

a balance against state interference in criminal trails juries are racially balanced public participation in justice

Question 37

disadvantages of juries

Answer 37

some juries don't give reasoned verdicts juries are not truly representative lack of ability effect of jury service on juror- some cases are very distressing

Question 38

3 things required for precedent to work

Answer 38

1.a settled court structure 2.a ratio decendi 3.accurate records of the decisions made by the superior courts

Question 39

precedent

Answer 39

legal principles made by judges in the higher courts set a precedent to be followed by that court and all courts below it in the future cases of similar act

Question 40

ratio decendi (Howe 1987)

Answer 40

the reason for deciding

Question 41

problems with ratio decendi

Answer 41

judges rarely make it clear what the ratio decendi of their judgment is in an appeal courts, the ratios may differ even if the decision does not

Question 42

obiter dicta

Answer 42

things said "by the way" these statements are not crucial to the outcome of the case Speculating what a decision would have been had the facts where different (Howe)

Question 43

overruling

Answer 43

(BRB & Herrington) this is where a court disagrees with a previous decision and therefore refuses to follow it

Question 44

advantages of precedent

Answer 44

consistency/fairness predictability/certainty flexibility time saving

Question 45

disadvantages of precedent

Answer 45

complexity volume uncertainty rigidity unconstitutional undemocratic retrospective effect lack of research by the judge of parliamentary law making slow rate of growth

Question 46

advantages of avoiding precedent

Answer 46

potential for growth of law overruling Unfair law can be replaced

Question 47

disadvantages of avoiding precedent

Answer 47

retrospective law making uncertainty non conformity with the separation of powers illogical distinctions

Question 48

actus reus

Answer 48

actus reus of a crime is the 'guilty act' normally a voluntary deliberate act

Question 49

omission

Answer 49

this is the failure to act a person is only liable for omissions when they have a duty to act

Question 50

solicitors

Answer 50

represent clients in court or drafting contracts and leasing

Question 51

law is made by...

Answer 51

parliament judges

Question 52

where does strict liability come from

Answer 52

statute- outraging public decency is a common law that is strict liability offences

Question 53

regulatory offences

Answer 53

things that govern how we act and are there to protect people from harm they are not completly criminal

Question 54

assault

Answer 54

to cause the apprehension of immediate unlawful force

Question 55

battery

Answer 55

application of force to another

Question 56

What was the decision in Cunningham?

Answer 56

The test for recklessness is subjective. i.e. we should ask did the D foresee the outcome as possible.

Question 57

What was the decision in Mohan?

Answer 57

The test for direct intent is whether it is the D’s aim or purpose. It does not matter if it was their desire and no malice is needed.

Question 58

What was the decision is Woolin?

Answer 58

Intent may be inferred from the circumstances. This is oblique intent and it must be shown that: The outcome was a virtually certain consequence of the event The D realised it was a virtually certain consequence.

Question 59

s.18 GBH actus reus

Answer 59

wounding or serious harm

Question 60

# extrinsic aid hansard

Answer 60

Hansard is the official record of debates in Parliament. It can provide insight into the legislative intent and purpose behind the statute. Courts may refer to Hansard to help interpret the meaning and scope of provisions within the statute.