AC 1 Flashcards

1
Q

Name the three parts of Parliament.

A

The House Of Commons
The House Of Lords
The Monarch

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2
Q

What is the difference between a Green Paper and a White Paper

A

Green Paper- An initial report to provoke public discussion of the bill
White Paper- A document setting out detailed plans for legislation

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3
Q

What are the 7 Parliamentary stages of a bill

A

First Reading
Second Reading
Committee stage
Report Stage
Third Reading
The Other House
Royal Assent

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4
Q

What is the Committee Stage

A

Where the bill is examined in detail by a small committee who will report back to the whole house and propose amendments

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5
Q

What is Judicial Precedent

A

Based on the principle of standing by or following what judges have decided in previous cases

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6
Q

What is the Distinguishing exception to Precedent

A

Where precedent from an earlier case is being used but the judge finds that there are differences and so can chose not to use the precedent

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7
Q

What is the Overruling exception to Precedent

A

Where a court higher in the hierarchy states that a legal decision is wrong.

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8
Q

What is the literal Rule

A

Where a judge has to take the literal meaning of the wording of the law

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9
Q

What is the Golden Rule

A

Where a judge can modify the literal meaning to avoid an absurd result

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10
Q

What is the Mischief Rule

A

Where a judge can enforce what the statute was intended to achieve rather than what the words actually say

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11
Q

Name the role of the Ministry of Justice

A

Oversees the Court System
Manages the justice process

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12
Q

Give the role of the Home office

A

Analyse and publish reports
Immigration

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13
Q

What does the Attorney General do

A

Oversees the CPS
Chief legal advisor to the government
Deals with Appeals

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14
Q

Who is in charge of enforcing custodial Sentences

A

Prison and Probation

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15
Q

How does the Police relate to other agencies

A

Give evidence to the CPS
Arrest prisoners who have breached their license

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16
Q

Name the two models of Criminal Justice

A

Crime control Model
Due process model

17
Q

Describe the basic ideas of the Crime Control model

A

Suppression of Crime
Police should be free from legal technicalities
If innocent people are convicted it is a price worth paying
Operates as a conveyor belt > streamlined approach

18
Q

What are the main principles of the Due Process model

A

Innocent until proven guilty
guilty sometimes go free is better than convicting the innocent

19
Q

Which two Crime theories link to the Crime Control model

A

Right Realism
Functionalism

20
Q

Which model of criminal justice could result in a miscarriage of Justice

A

Crime Control Model