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Criminology Unit 4 > 1.1 > Flashcards

1.1 Flashcards

1
Q

What is the role of the Monarch in the law-making process in the UK?

A

The Monarch provides ‘Royal Assent’, which is their agreement to a new law.

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2
Q

What is the House of Lords responsible for in the law-making process?

A

Members (peers) conduct their own checks on new laws proposed by the House of Commons.

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3
Q

How many elected representatives are there in the House of Commons?

A

650 elected representatives.

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4
Q

Who leads the party in the House of Commons?

A

The Prime Minister.

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5
Q

What is published first by the government in the law-making process?

A

‘Green paper’.

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6
Q

What is the purpose of a ‘Green paper’?

A

It includes questions for interested individuals to respond to and discuss during the consultation stage.

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7
Q

What follows the ‘Green paper’ in the law-making process?

A

‘White paper’.

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8
Q

What does a ‘White paper’ detail?

A

It details the plan for the proposed law.

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9
Q

What occurs during the First Reading of a Bill?

A

A formal announcement of the Bill is made to the House of Commons, followed by a vote to allow it to progress.

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10
Q

What happens during the Second Reading of a Bill?

A

The Bill is read again and debated by the House of Commons, followed by a further vote.

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11
Q

What is the Committee Stage in the law-making process?

A

A small number of MPs from different political parties examine and scrutinise the Bill and suggest amendments.

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12
Q

What is produced during the Report Stage?

A

The committee provides a report to all MPs based on their examination of the Bill.

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13
Q

What occurs during the Third Reading of a Bill?

A

A vote to accept or reject the Bill

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14
Q

What is the role of the House of Lords in the legislative process?

A

Debate and scrutiny of the Bill, returning it to the House of Commons for amendments if necessary

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15
Q

Who has the final say on a Bill?

A

The House of Commons

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16
Q

What is Royal Assent?

A

The Monarch’s signing of the Bill, making it an Act of Parliament

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17
Q

What happens to a Bill after receiving Royal Assent?

A

It becomes an Act of Parliament and can take effect immediately unless a future start date is indicated

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18
Q

What is an example of a law that was rushed through the legislative process?

A

The Dangerous Dogs Act (1991)

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19
Q

What was a consequence of the rushed process of the Dangerous Dogs Act?

A

Absence of thorough scrutiny led to breed blaming and failed to consider treatment of dogs by owners

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20
Q

Fill in the blank: The _______ introduced by Kim Leadbeater is currently in the legislative process.

A

[Assisted dying bill]

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21
Q

How did the voting go in the second reading of the Assisted dying bill?

A

330 voted in favor, 275 voted against

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22
Q

What is the judicial process of law making?

A

Judicial precedent: past decisions of judges create laws for future judges to follow.

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23
Q

What is the expectation for future judges regarding judicial precedent?

A

Future judges are expected to uphold judicial precedents, allowing cases to be handled consistently.

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24
Q

What is common law?

A

Common law is the large volume of laws that the whole country follows, developed over time through judicial precedent.

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25
Q

What happens when a decision is made by the Supreme Court?

A

A decision by the Supreme Court automatically creates a precedent for lower courts.

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26
Q

What is ‘distinguishing’ in the context of judicial precedent?

A

‘Distinguishing’ occurs when differences between two cases mean that the precedent does not have to be followed.

27
Q

What does ‘overruling’ mean in judicial precedent?

A

‘Overruling’ refers to higher courts disagreeing with decisions made in previous cases.

28
Q

What is an ‘original precedent’?

A

An ‘original precedent’ is set for the first time by a court decision.

29
Q

What was the significance of the case R v R (1992)?

A

In R v R, a husband was convicted of attempting to rape his wife, overruling the precedent that a husband could not be guilty of raping his wife due to the marriage contract.

30
Q

What was the rationale behind overruling the precedent in R v R?

A

The rationale was that the concept of irrevocable consent was unacceptable, as couples are now seen as equal partners.

31
Q

Name one key case that established judicial precedent.

A

Donoghue v Stevenson (1932)

32
Q

Name another key case related to judicial precedent.

A

Danielo v White (1938)

33
Q

What do judges rely on when interpreting written laws?

A

Judges rely on interpreting written laws when applying them to cases.

34
Q

What is the first main interpretation rule in statutory interpretation?

A

The literal rule

35
Q

What does the literal rule state?

A

Judges should use the everyday, ordinary meaning of the word in a statute.

36
Q

What is a key consideration of the literal rule?

A

The word can have several different literal, dictionary meanings.

37
Q

Provide an example case demonstrating the literal rule.

A

Rv Maginnis (1987)

38
Q

What is the second main interpretation rule?

A

The golden rule

39
Q

What does the golden rule allow judges to do?

A

The golden rule allows the court to modify the literal meaning to avoid absurd results.

40
Q

Provide an example case that illustrates the golden rule.

A

Adler v George (1964)

41
Q

What was the legal issue in Adler v George (1964)?

A

Whether Adler had broken the law by being in a prohibited place.

42
Q

What is the third main interpretation rule?

A

The mischief rule

43
Q

What does the mischief rule allow the court to do?

A

The mischief rule allows the court to enforce what the statute was intended to achieve.

44
Q

Provide an example case that demonstrates the mischief rule.

A

Corkery v Carpenter (1951)

45
Q

What was the legal issue in Corkery v Carpenter (1951)?

A

Whether being drunk in charge of a bicycle constituted an offence under the Licensing Act (1872).

46
Q

What was the court’s conclusion in Corkery v Carpenter regarding the Licensing Act?

A

The court used the mischief rule to convict him, arguing the Act’s purpose was to prevent using any form of transport when drunk.

47
Q

Fill in the blank: The golden rule allows the court to modify the literal meaning to avoid _______.

A

absurd results

48
Q

True or False: The mischief rule focuses solely on the actual wording of the statute.

A

False

49
Q

What do judges rely on when interpreting written laws?

A

Judges rely on interpreting written laws when applying them to cases.

50
Q

What is the first main interpretation rule in statutory interpretation?

A

The literal rule

51
Q

What does the literal rule state?

A

Judges should use the everyday, ordinary meaning of the word in a statute.

52
Q

What is a key consideration of the literal rule?

A

The word can have several different literal, dictionary meanings.

53
Q

Provide an example case demonstrating the literal rule.

A

Rv Maginnis (1987)

54
Q

What is the second main interpretation rule?

A

The golden rule

55
Q

What does the golden rule allow judges to do?

A

The golden rule allows the court to modify the literal meaning to avoid absurd results.

56
Q

Provide an example case that illustrates the golden rule.

A

Adler v George (1964)

57
Q

What was the legal issue in Adler v George (1964)?

A

Whether Adler had broken the law by being in a prohibited place.

58
Q

What is the third main interpretation rule?

A

The mischief rule

59
Q

What does the mischief rule allow the court to do?

A

The mischief rule allows the court to enforce what the statute was intended to achieve.

60
Q

Provide an example case that demonstrates the mischief rule.

A

Corkery v Carpenter (1951)

61
Q

What was the legal issue in Corkery v Carpenter (1951)?

A

Whether being drunk in charge of a bicycle constituted an offence under the Licensing Act (1872).

62
Q

What was the court’s conclusion in Corkery v Carpenter regarding the Licensing Act?

A

The court used the mischief rule to convict him, arguing the Act’s purpose was to prevent using any form of transport when drunk.

63
Q

Fill in the blank: The golden rule allows the court to modify the literal meaning to avoid _______.

A

absurd results

64
Q

True or False: The mischief rule focuses solely on the actual wording of the statute.

A

False

Criminology Unit 4 (1 decks)

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