1.1

Question 1

Stages of the Parliamentary Law making process

Answer 1

• Green paper
• White Paper
• First Reading
• Second Reading
• Committee Stage
• Report stage
• Third Reading
• The other house
• Ping Pong
• Royal Assent

Question 2

What does green/white paper
do?

Answer 2

Consultations/drafts for legislation to be made

Question 3

What does first reading/
second reading/committee stage/
report stage do?

Answer 3

Debates/voting between MP’s

Question 4

What does third reading/the other house/Ping Pong do?

Answer 4

Final amendments/voting

Question 5

What does Royal assent do?

Answer 5

Royals approval to become officially a law

Question 6

The 3 parts of Parliament

Answer 6

• The house of commons e.g MPs
• The House of Lords e.g expertise Lord Sugar
• The Monarch e.g King/Queen

Question 7

The house of commons purpose

Answer 7

Propose new laws

Question 8

The house of Lords purpose

Answer 8

Hereditary (inherited) peers double check and make amendments on new laws that are put in place

Question 9

The Monarch’s purpose

Answer 9

Final amendment for the legislation to become official

Question 10

The 3 rules of statutory (written law) interpretation

Answer 10

• Literal rule
• Golden rule
• Mischief rule

Question 11

Literal rule meaning

Answer 11

Judges use ordinary literal meaning of a word from when the statute was passed, most democratic rule

Question 12

Golden rule meaning

Answer 12

Judges use a variety of words and select the word that is most sensible from when the statute was passed

Question 13

Mischief rule meaning

Answer 13

Judges view the act as a whole rather than focusing on the words from when the statute was passed

Question 14

Judicial precedent meaning

Answer 14

Lower courts follow decisions of the higher courts when no statute relevant = create laws through the decisions of the case = fairness/consistency

Question 15

The court hierarchy/what happens if precedent is created

Answer 15

• Supreme court
• Court of Appeal
• Crown Court
• Magistrates Court
  If precedent is created the lower courts have to follow

Question 16

2 Exceptions to precedent

Answer 16

• Distinguishing
• Overruling

Question 17

Reason for ‘Distinguishing’ precedent

Answer 17

Judges allowed to avoid a precedent to reach a different outcome as it isn’t relevant to the case

Question 18

Reason for ‘Overruling’ precedent

Answer 18

Higher court decides differently to a lower court however lower court must follow the precedent made by the higher court

Question 19

Case example of the literal rule

Answer 19

R v Maginnis more than one meaning for ‘supply’ when dealing illegal drugs

Question 20

Case example of the golden rule

Answer 20

Adler v George judges rephrased ‘in the vicinity’ to ensure that an intruder in the vicinity of the area could be prosecuted

Question 21

Case example of the mischief rule

Answer 21

Smith v Hughes judges ignored the wording of the act as they were still guilty of the mischief act

Question 22

Case example for overruling

Answer 22

R v R overruled a previous CoA due to a new precedent that was put in place that rape can occur within marriage