AC 1.1

Question 1

Formal Legislative Process

Answer 1

• major legislation made through act of Parliament
• initially drafted by lawyers in the civil scene
• the Government department is responsible for the law

Question 2

Green and White papers

Answer 2

• Green paper: is a consultative document
• White paper: The consultation will end and a bill/white paper is published

Question 3

The role of the House of Commons

Answer 3

• Made up of 650 representatives
• most bills are passed through HOC
• if they vote against a bill, that is the end of it
• during the course of the bill there will be multiple debates

Question 4

The role of the House of Lords

Answer 4

• They act as a check for the HOC
• All bills go through HOL and they can vote against/ propose changes to the law
• in some cases they may alert the HOC to a problem with the proposal

Question 5

Key Stages of Law making

Answer 5

1. consultation stage
2. first reading
3. second reading
4. committee stage
5. report stage
6. third reading
7. royal assent

Question 6

statutory interpretation

Answer 6

• refers to judges in higher courts being called up to interpret word or phrases
• if a word or phrase is unclear, a judge must decide it’s meaning
• lower courts must follow higher courts
• judged can use different rules to interpret new laws:
• literal
• golden
  *mischief

Question 7

Whitley Vs Chappell (1968)

Answer 7

• Chappell was accused of impersonating a person entitled to vote
• in which they had to pretend to be someone off the voters list who has died
• the judge interpreted the statute and found the defendant not guilty
• since the dead person is not ‘entitled to vote’

Question 8

Judicial Precedent

Answer 8

• if a judge finds a previous decision by a higher/same level court they follow
• the judge will need to look for important similarities in cases
• if there are no material differences , a previous decision will act as a precedent
• if it was made by a higher court it is a binding precedent

Question 9

Donoghue Vs Stevenson (1932)

Answer 9

• remains of a decomposed snail were found in a ginger beer bottle
• it was held that the manufacture owe their customers a duty of care, since they were his ‘neighbours in law’
• this was an original precedent and since 1932 the law of negligence has developed from it