1.1- processes of law making Flashcards
what is a white paper and green paper
green paper is an intial report to provoke public discussion of the subject
white paper- a formal proposal w/ detailed palsn for legislation
what is the literal rule?
judges should use the everyday ordinary meaning of words
what is the golden rule?
allows court to modify the literal meaning
what is the mischief rule?
allow the court to enforce what the statue intended to achieve
describe the R v R case on marital rape(judicial precedent- overuling)
husband accused of attempted rape on his wife. appealed on the grounds of century old precedent that a husband could not be found guilty bc the marriage contract gives ‘irreversible consent’. appeal overuled by supreme court=unacceptable+couples=equal
give one case study for the golden rule
adler v george :under official secrets act=offence to obstruct HM forces in the vicinity of a prohibited place. adler argued he wasnt ‘in the vicinity of’ he was actually in it=convicted by modifying the literal rule to avoid absurd result
what are the 2 instances judicial precedent (past decision) may be deemed inappropriate?
- distinguishing-only applicable if facts of case+legal principle=same, if no precedent judges make original precedent
-overuling- higher court states decision=wrong+overturns it
describe these 4 processes of law making
- 1st reading
-2nd reading
-committee stage
-report stage
- bill introduced into commons+voted upon
- main principles are considered, debated upon+vote taken
- examined in detail, line by line by a small committee who then report back w/ amendments
4.MPs consider committee report, debate+vote
what is the role of parliament?
pass acts to make them into statutes/laws
give one case study showing the mischief rule
carpenter v corkey: licensing act=illegal to be drunk in charge of a carriage, corkey=guilty even though he was riding a bicycle. ‘any form of transport’
what is the criminal justice act 2007?
change in double jeopardy law
what is the crime sentences act 2003?
mandatory minimum sentences for repeat offences e.g auto life sentence for serius sexual/violent crimes
describe these 3 stages of law creation
- 3rd reading
-the lords
-royal assent
- final chance to debate, no amendments made, they either pass or reject the bill
- goes through same stages with the lords, if they amend sent back to commons to accept/reject
- goes to monarch to sign. if agreed law in place immediately
what are the processes of making a new law?
- first reading
- second reading
- committee stage
- report stage
- third reading
- the lords
- royal assent
what is judicial precedent?
laws made by judges in courts (higher up in the court hierarchy) that are used in future similar cases, also known as ‘common law’
give a case study of judicial precedent
Donoghue v stevenson: 2 friends visited a cafe and 1 drank a bottle of ginger beer that had remians of a decomposing snail in it. the women fell ill+sued the manufacturer+won her case. court decided a duty of care was owed by the manufacturer to the women (known as the neighbour principle). case funded the modern-day law of negligence
give an example of a case which was based of judicial precedent from an earlier case
Daniel v White:
claimant brought a bottle of lemonade+ drank it then felt a burning reaction in his throat. lemonade=found to have corrosive metal in it. case of Donoghue+stevenson= used when sueing for compensation even when facts were slightly diff. it was sufficiently similar for the purpose of the precedent
what is statutory interpretation?
judges in superior courts are called upon to interpet words+phrases within a statute
what occured in the R v fletcher case?(4)
- defendents employed contracors to construct a resovoir on their land
- found disused mines but failed to close them
-filled resovoir where it flooded into mines+neighbouring houses - found guilty of non natural use of land
what occured in the R v lyons case(distinguising)
-claimant employed by defendent by factory that makes explosives
- explosion occured killed a man+injured others
why was the r v lyons case not applicable to the r v fletcher case?
court of appeal reversed the decision bc facts=similar. rv fletcher required an escape of the hazardous matter. there was no absence of negligence or escape of dangerous matter in the r v lyons case
