AC 1.1 Flashcards
What are the two types of bills?
-Private
-Public
What is the process in law making?
A written proposal is given to parliament
What is judicial precedent?
-Past decisions made by judges
- common law
-Consistency and fairness in the legal system
What is the hierarchy of the courts?
Supreme Court
Court of appeal- criminal division, civil division
Crown Court
High court -family, King’s bench, chancery
Magistrates courts
Tribunals
County Court
Why is the Second Reading of a Bill more important? What happens at this reading?
The person who is putting the bill through will explain the point of the bill and answer any questions that people may have. They will then a have a debate and vote on whether or not the bill should be passed through to the next stage
What are the exceptions to judicial precedent?
- Distinguishing
- Overruling
case example of overruling
R v R
What is the literal rule?
judge uses the ordinary everyday meaning of the word
What is a problem with using the literal rule?
words can have more than one reason
case example literal rule
R v Maginnis
What is the golden rule?
literal rule can have absurd results and this allows judges to modify the meaning to avoid this
Case example for golden rule
Alder v George
What is the mischief rule?
allows the court to enforce what the statute was intended to achieve
case example for mischief rule
Corkery v carpenter
