Week 5

Question 1

What is unenacted law?

Answer 1

1. Case law

2. Institutional Writers

Question 2

What is enacted law?

Answer 2

Law enacted by a legislative body:

1. European Law
2. UK Parliament
3. Scottish Parliament

Question 3

What is primary legislation?

Answer 3

Acts passed by Parliament

Question 4

What is secondary legislation?

Answer 4

Where minister is given certain statutory rights which creates statutory instruments that work in accordance of primary legislation

Question 5

How is an act passed (first part)

Answer 5

1. Starts with proposal from minister or body out with parliament
2. Look at then Bill team set up
3. Government lawyers check if it is necessary or not

Question 6

How is an act passed (part two)

Answer 6

1. Parliamentary Counsel Office try and transats lawyers instructions into legislation
2. Gaps are checked
3. Then goes to parliament for amendments
4. After this it is an Act

Question 7

What is chap and asp?

Answer 7

Chapter or Act of Scottish Parliament. Tell you the number of the act from that year in each respective parliament

Question 8

What is the long title

Answer 8

Decided the scope of the legislation and its purpose - helps decide what its meant to do and what amendments can be made.

Question 9

What is the enacting formula?

Answer 9

Confirms it is an act of Westminster, passed by queen with advice of Lords and Commons.

Question 10

Why check territorial extent?

Answer 10

Tells you where Act applies, if it says nothing assumed England and Wales. Will state if it applies to Scotland or Northern Ireland

Question 11

What are marginal notes?

Answer 11

They are set by the drafter, not authoritative as not part of the act but help reader

Question 12

What is the relevance of parts in legislation?

Answer 12

Parts are distinct so all things in the same part relate

Question 13

What are Schedules?

Answer 13

They have legislative effect but don’t form the main body of the act. Sometimes states amendments

Question 14

What’s does mean mean

Answer 14

A means définition is a specific definition

Question 15

What is an includes definition?

Answer 15

There are several things, ones not stated too, that are included in the meaning

Question 16

What is a repeal

Answer 16

An express repeal states that an act is removed, or parts are withdrawn

Question 17

What is implied repeal?

Answer 17

Later legislation is inconsistent so most recent trumps.

Question 18

What’s the special rule for constitutional statutes?

Answer 18

Can only be repealed expressly

Question 19

When is an act destitute?

Answer 19

When it becomes obsolete after a passage of time

Question 20

What is codification?

Answer 20

Where you take common law and put it into a statute

Question 21

What is a consolidation act?

Answer 21

Brings all the amendments and repeals of a certain act and puts it in a brand new, up to date act.

Question 22

What do MPs rely on?

Answer 22

1. Explanatory notes

2. Policy memorandum

Question 23

What is green paper, white paper and travaux préparatoires?

Answer 23

Green paper is preliminary and white paper is more developed.

Travaux is the working paper, explains where the legislation comes from

Question 24

How many readings of bills are there in Westminster?

Answer 24

3 readings, as long as voted to go ahead, then House of Lords and royal assent

Question 25

How is a bill past in Holyrood?

Answer 25

Three stages and final debate then royal assent required.

Question 26

What is affirmative procedure?

Answer 26

Parliament must agree

Question 27

What is negative procedure

Answer 27

Passed unless parliament reject

Question 28

What are issues of power to amend by ministers

Answer 28

Sometimes with primary legislation without the review of parliament

Question 29

What types of ambiguity are there?

Answer 29

Semantic ambiguity: one word with multiple meanings Syntactic ambiguity: Words put together that then have two meanings due to how they are expressed “No eggs of hens or ducks shall be eaten”

Question 30

What happens if you have ambiguous legislation?

Answer 30

There is a presumption in the favour of liberty. Narrows scope on criminal offence

Question 31

What is the case including a guard dog

Answer 31

Hobson v Gledhill [1978] 1 WLR 215

Question 32

What are the facts of Hobson v Gledhill?

Answer 32

Syntactic ambiguity to do with the exception at the end as to whether “handler” needed at all times. Ratio: ambiguity favour freedom

Question 33

What is pénal legislation

Answer 33

Legislation that creates a criminal offence

Question 34

What is remedial legislation?

Answer 34

legislation that creates a remedy to an issue

Question 35

Best two approaches to legislation?

Answer 35

Always go back to the primary legislation and source Apply interpretative techniques familiar from English

Question 36

What is the importance of perspective?

Answer 36

A cautious solicitor and an adventurous advocate can take the same piece of legislation but use it differently to help client

Question 37

How is statutory interpretation best done?

Answer 37

Through tools not rules

Question 38

What are the parts that make up law

Answer 38

Legislator: make law Executive: proposes the law Judiciary: interprets the law

Question 39

What is the act to do with road tax and skates on a car?

Answer 39

Holliday v Henry (1974) RTR 101

Question 40

Holliday v Henry

Answer 40

Henry doesn’t have road tax but car is on road. Henry puts roller skates under the wheel. Ratio: If car takes up road space doesn’t matter if it’s on skates or not (on appeal). Look at purpose of legislation and interpret in way that accords with purpose.

Question 41

What is the case with a takeaway?

Answer 41

Boulton v Pilkington (1981) RTR 87

Question 42

Boulton v Pilkington

Answer 42

Gets ticket going to get his takeaway. Claims he’s loading goods. Ratio: on appeal, goods interpreted with context of imposing and loading goods, decision over turned.

Question 43

What is the case where a gate is smashed?

Answer 43

Chief Constable of Staffordshire v Lees (1981) RTR 506

Question 44

Chief Constable of Staffordshire v Lees

Answer 44

Lees smashes into a gate and then tries to run away but refuses to do breath test when caught. Claimed drove into gate purposefully and therefore no accident, which was a requirement of the breath test. Ratio: on appeal, accident doesn’t necessarily mean something where there was no intention to cause the accident. Can be used in this sense.