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criminology > AC 1.1 > Flashcards

AC 1.1 Flashcards

1
Q

how are laws made?

A
  • by parliament
  • often referred to as statues or legislations
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2
Q

what is parliament made up of?

A
  • the monarch
  • the House of Lords
  • the House of Commons
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3
Q

what are the members of the House of Lords called and how many members are there?

A
  • called peers
  • 800 peers
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4
Q

what is the main job of peers?

A
  • to double check on new laws
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5
Q

how are members of the House of Commons chosen?

A
  • elected every 5 years by the public
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6
Q

main job of the members of the House of Commons?

A
  • to debate law
  • make & review laws
  • represent the public
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7
Q

what is the main job of the government?

A
  • to run the country
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8
Q

how is a government formed?

A
  • by the political party that has the majority of the MPs
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9
Q

where do most proposals for new laws come from?

A
  • the government
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10
Q

what is a proposal for a new law called?

A
  • a bill
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11
Q

what must happen for bills to become laws?

A
  • they must be agreed by both Houses of Parliament and receive the royal assent
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12
Q

what is green paper?

A
  • initial report to provoke public discussion of the subject of the bill
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13
Q

what is white paper?

A
  • a document setting out the governments plan for a legislation
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14
Q

what are the parliamentary stages of a bill?

A
  • first reading
  • second reading
  • the committee stage
  • the report stage
  • third reading
  • the lords
  • royal assent
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15
Q

what is the first reading?

A
  • formal announcement of the bill and is followed bt a vote to move it to the next stage
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16
Q

what is the second reading?

A
  • the main principles are considered and debated by the House of Commons and a vote is then taken.
17
Q

what is the committee stage?

A
  • the bill is examined in detail by a small committee made up by MPs from different parties, the committee will report back to the House of Commons and often propose amendments
18
Q

what is the report stage?

A
  • gives MPs the chance to consider the committee report and debate and vote on any amendments they might wish to make for the bill
19
Q

what is the third reading?

A
  • final chance for the commons to debate the bills content, there are no amendments allowed now and the house will vote either to pass or reject the bill
20
Q

what is the lords stage?

A
  • the bill goes to the House of Lords and goes through the same stages as the commons
  • If the lords amended the bill it must return to the commons where they’ll debate the lords amendments
  • the House of Commons has the final say
21
Q

what is the royal assent stage?

A
  • once the bill has been passed by both house it will go to the monarch for signing, this is the monarchs agreement to make the bill a law
22
Q

examples of criminal statues

A
  • the criminal justice act (2003)
  • the dangerous dogs act (1991)
  • the crime sentences act (1997)
23
Q

what is the judicial process of law making?

A
  • judicial precendent
  • statutory interpretation
24
Q

what is judicial precedent?

A
  • source of law making where past decisions of judges create law for future judges to follow
25
Q

what does judicial precedent create?

A
  • fairness
  • consistency
26
Q

who is at the top and bottom of the court hierarchy?

A
  • at the top of the court hierarchy is the Supreme Court and at the bottom is the magistrates court
27
Q

what happens if a decision is taken in a case by a higher court?

A
  • it automatically creates an original or binding precedent for all lower courts
28
Q

what are the two exceptions to precedent?

A
  • distinguishing
  • overruling
29
Q

what does distinguishing mean?

A
  • the judge finds the facts in the precedent case are different enough from the earlier case to allow the judge to reach a different verdict and not follow precedent
30
Q

what does overruling mean?

A
  • where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it eg: law on marital rape
31
Q

what is statutory interpretation?

A
  • judges can make law by the way they interpret the statues or acts of parliament
32
Q

what are the three main interpretation rules for judges?

A
  • the literal rule
  • the golden rule
  • the mischief rule
33
Q

what is the literal rule?

A
  • judges should use the ordinary definition of the words in a statue
  • however, a problem with this method is that a word can have multiple dictionary meanings
34
Q

what is the golden rule?

A
  • allows the court to modify the literal meaning to avoid absurd results caused by the literal rule
35
Q

what is the mischief rule?

A
  • allows the court to enforce what the statue was intended to achieve rather than what the words actually say

criminology (2 decks)

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