MCQ Test Revision S1 Flashcards
(23 cards)
Explain the difference between primary and secondary sources of law? Give two examples of each
Primary is authoritative sources of law such as statements of what the law is (acts of parliament)
Secondary are interpretations of what the law is (peer reviewed journal articles).
What are the primary sources of law in the English Legal System?
Legislation and common law
Explain three differences between civil law and criminal law.
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Explain the difference between procedural law and substantive law.
Substantive law sets out rules and procedural sets out framework of how its supposed to be followed.
Explain the difference between private law and public law.
Public acts apply to all society whereas private is limited to a particular company or org that requires powers beyond those prescribed by normal law.
Provide an outline of ‘the law of equity’. List three examples of equitable remedies.
Explain what is meant by parliamentary sovereignty.
Parliament is the supreme legal authority. Power to create, change or dissolve laws.
Explain the normal process by which an Act of Parliament is made (be able to list all stages).
- Bill introduced to HoC or HoL
- First reading (read bill)
- Second reading (first debate on bill)
- Committee stage (detailed examination on bill)
- Report stage (MPs vote on different amendments)
- Third reading (Bill handed over to other house)
- Goes through same stages in other house.
- Consideration of amendments
- Royal Assent
Explain the term Royal Assent.
When the king/queen accepts or rejects the bill.
Explain the Parliament Act Procedure.
Limit the HoL role in the legislative process.
How did membership of the EU directly impact upon the principle of parliamentary sovereignty?
How does the Human Rights Act 1998 impact, or not, on parliamentary sovereignty? What sections of the Human Rights Act 1998 are relevant?
Explain the term secondary legislation (also referred to as delegated or subordinate legislation). List three different types of secondary legislation.
What are the benefits of secondary legislation? What are the possible dangers posed by the use and existence of secondary legislation?
With respect to statutory interpretation, outline and explain the ‘literal rule’.
With respect to statutory interpretation, outline and explain the ‘golden rule’.
With respect to statutory interpretation, outline and explain the ‘mischief rule’.
Explain the difference between intrinsic and extrinsic aids of interpretation. Provide two examples of each.
With respect to statutory interpretation, outline and explain the ‘purposive approach’.
Explain the ejusdem generis
Explain the noscitur a sociis
Explain the expression unius est exclusion alterius
