1.1 unit 4

Question 1

what is stage 1 of the government law making process

Answer 1

consultation stage

Question 2

what happens in the consultation stage?

Answer 2

before it has been drafted it stats as a green paper where recommendations are given and then the white paper is publisbed which has the final desisions in it

Question 3

what is stage 2?

Answer 3

the first reading

Question 4

what happens in the first reading?

Answer 4

formal introduction to the bill in either house where the aims and main aims are read out, a verbal vote is taken to see if it will reach a second reading

Question 5

what is stage 3

Answer 5

second reading

Question 6

what happens in the second reading?

Answer 6

there is a main debate on the bill followed by a vote where there must be a majorityif there is a division they pass through the aye or no door

Question 7

what is the fourth stage/

Answer 7

comitee stage

Question 8

what happens in the committee stage?

Answer 8

there is a standing committee where a group of select MP’s examines the bill clause by clause and make amendments

Question 9

what is stage 5?

Answer 9

report stage

Question 10

what happens in the report stage?

Answer 10

any amendments/ suggestions are read back and reported to the house. only when the house is satisfied with the bill it passes to the next stage.they vote again

Question 11

what is stage 6?

Answer 11

the 3rd reading

Question 12

what happens at the 3rd reading?

Answer 12

there is a final debate as whether the bill should proceed to the other house and a vote it took. if it goes tot the other house it goes through the same stages

Question 13

what is the 7th stage?

Answer 13

the ping pong stage

Question 14

what happens in the ping pong stage?

Answer 14

the amendments from the other house are considered and the bill is sent back and forth until both houses are satisfied

Question 15

what is the last stage of the governmental law making process?

Answer 15

the royal assent where the king gives assent to the bill (approval)

Question 16

what is statutory interpretation?

Answer 16

where the judge has to apply and interpret the law to the case they are hearing

Question 17

what is judicial precedent?

Answer 17

when judges create law if they feel there is no law to apply to the case, no guidance from government

Question 18

what happens when judicial precedent is created?

Answer 18

all judges have to follow this when the scenario is the same

Question 19

is judicial precedent binding?

Answer 19

yes

Question 20

what is the difference between common law and civil law?

Answer 20

common/case/ judge made law - made through precedent
civil-through statutes

Question 21

what is important about the courts when considering precedent?

Answer 21

bound by any decision above it in the court heirarchy apart from court of appeal which is only bound by its own previous descisions

Question 22

what did the donoghue and stevenson case do?

Answer 22

it created a new type of liability in negligence law and is an example of judicial precedent. it was when someone found a snail in their ginger beer, and it made the manufacturer liable/ have a duty of care

Question 23

what are the 4 things judges can do when presented with a case?

Answer 23

Follow a previous precedent
Overrule a previous case (eg supreme court can do this)
Reverse - disagree with a lowe court descision
Distinguish between the cases as precedent is only binding if the case is similar

Question 24

why do we need statutory interpretation?

Answer 24

broad terms in legislation
ambiguity when words have multiple meanings
drafting error
societal developments

Question 25

what is the literal rule?

Answer 25

when the natural meaning of a word is used where courts use the plain meaning even if it leads to silly decisions

Question 26

what is the golden rule?

Answer 26

looks at the literal meaning of the word then narrows it down to the 2 meanings and choses the most sensible or looks at the wider context of the case and uses the most sensible meaning

Question 27

what is the mischief rule?

Answer 27

gives discretion to judge to ignore the literal meaning of the word and instead make decision based on what the law was trying to achieve

Question 28

what is an example of the mischief rule?

Answer 28

corkery v carpenter
against law to be in charge of a carriage when drunk, this changed law to include all nodes of transport and was guilty of drunkely riding a bike