AC 1.1

Question 1

what are the two main sources of law making

Answer 1

government / parliament

judicial

Question 2

laws made by parliament are also referred to as

Answer 2

statutes / legislation

Question 3

Parliament is made up of what three parts

Answer 3

the monarch

the house of lords

the house of commons

Question 4

what is the MONARCHs role in law making

Answer 4

only has a formal role

gives Royal Assent

done right at the end of law making

Question 5

what is the house of LORDS role in law making

Answer 5

members of the hosue of lords are called peers

there are around 800 peers

their role is to double check new laws

Question 6

what is the role of the house of COMMONS in law making

Answer 6

the most important part of parliament

made up of elected representatives : 600 MPs

MP’s elected in general election to represent a constituency

Question 7

what is the GOVERNMENTs role in law making

Answer 7

parliaments job to represent the people

governments job to run the country

prime minister is the leader of the majority party

most proposals for new laws come from the government

Question 8

what is a proposal for a new law called

Answer 8

A Bill

Question 9

how are bills turned into laws

Answer 9

must be agreed by both houses of parliament

must receive royal assent to become an act of parliament

Question 10

before a bill is put before parliament, the government publish what

Answer 10

a Green Paper

Question 11

what is a green paper

Answer 11

an initial report to provoke public discussion on the subject

often includes questions for interested individuals/organisations to respond to

Question 12

what does the government publish after consultation & what is it

Answer 12

a white paper

documents setting out detailed plan for legislation

often inc’s draft verison of the Bill they intend to put b4 parliament

Question 13

what are the seven stages a bill must go through in parliament

(don’t need to know all)

Answer 13

first reading Gov introduces new bill. HoC read it and vote to sew if it should move to the next stage

second reading all the principles of the bill are discussed/debated by HoC. new vote taken & bill CAN be voted out

the committee stage small group of MP’s look @ Bill in detail and may propose amendments

the report stage amendments made in the committee stage = reported to everyone. MP’s vote on amendments

third reading final stage 4 HoC to debate the Bills content.

the lords Bill goes to HoL. if the HoL wants to amend the bill- they send it back to the HoC. HoC vote to see if to pass or reject the amendment

royal assent last stage. goes to monarch who signs bill to make it a parliamentary law. law comes into force immediately. law is put briefly for the monarch.

Question 14

what law was changed in the

criminal justice act (2003)

Answer 14

changed double jeopardy rule

offenders can now be retrialed when there’s new evidence

Question 15

what law was changed in the

The Crime (Sentences) Act (1997)

Answer 15

introduced mandatory minimum sentences for repeat offenders

Question 16

what law was changed in the

The Dangerous Dogs Act (1991)

Answer 16

banned certain dog breed

Question 17

aswell as government and parliament, who else can make law

Answer 17

Judges

Question 18

how do judges make law

Answer 18

judicial precedent

statutory precedent

Question 19

what is judicial precedent

Answer 19

where the last decisions of judges create law for future judges to follow.

based on the standing in what a judge takes in a previous case.

this means cases are consistent & fair

Question 20

Donoghue v Stevenson (1932)

how did this case use judicial precedent

Answer 20

donoghue found decomposed snail in their drink & commenced a claim against manufacturer of the drink.

claim was successful and case created the modern law of negligence.

claim established the neighbour hood test.

this set judicial precedent for all other cases to follow

Question 21

Daniels v White (1938)

how did this follow precedent

Answer 21

followed Donoghue v Stevenson (1932) because the facts were similar

man bought a drink which burnt his mouth bc it contained corrosive metal

Question 22

what is the court hierarchy

Answer 22

supreme court

court of appeal

crown court

magistrates court

Question 23

why do lower courts follow the rulings of higher courts

Answer 23

because higher courts automatically set precedent for all lower courts so they just follow when dealing with similar cases

Question 24

what are the two exceptions to precedent

Answer 24

distinguishing

over ruling

Question 25

what is distinguishing

Answer 25

if a judge finds the faces in a present case are different enough from an earlier case- they may be able to read a diff decision and now follow precedent

Question 26

what is overruling

Answer 26

when a court is higher in the hierarchy and states that a legal decision in an earlier case is wrong and overturns it

Question 27

what is. statutory interpretation

Answer 27

judges making law on the way they interpret statutes of acts of parliament and applying it to the case they are judging

Question 28

what are the three main statutory interpretations rules

Answer 28

literal rule

golden rule

mischief rule

Question 29

what is the literal rule

Answer 29

courts will look at the words in the statute and apply them as they are written.

however one word can have many different dictionary meanings

Question 30

what’s a case which uses the literal rule

Answer 30

R b Maginnis (1987)

> charged w possession of a controlled drug w/ intent to supply even tho he was just handing them to a friend - so argued it wasn’t technically supplying.

court held handing drugs = supplying.

different people found different meanings of the word “supply”

Question 31

what is the golden rule

Answer 31

allows the courts to modify the literal meaning of statutes

Question 32

what’s a case which uses the golden rule

Answer 32

Alder v George (1964)

> it was illgeal to obstruct a HM force in the vicinity of a prohibited area.
the D was in the HM force base, therefore not in “vicinity” so could not be prosecuted under the law
golden rule was used for fair outcome

Question 33

what is the mischief rule

Answer 33

allows court to enforce what statue was intended to achieve rather than want it actually says

Question 34

what a case which uses the mischief rule

Answer 34

Corkery v Carpenter (1951)

> licensing act 1872 - offence to be drunk and in charge of a carriage
D found guilty even tho he was in charge of a bike - not a carriage
used mischief rule to convict bc obviously the act meant any form of transport