AC 1.1

Question 1

What are the 7 stages in making a law?

Answer 1

1. first reading
2. second reading
3. committee stage
4. report stage
5. third reading
6. goes to the other house
7. king

Question 2

What is the purpose of the first reading?

Answer 2

To let members of parliament know a new Bill is coming

Question 3

What is the purpose of the second reading?

Answer 3

Ministers will explain the purpose of a Bill

Question 4

What is the purpose of the committee stage?

Answer 4

The Bill is gone through in detail by a small group of MPs

Question 5

What is the purpose of the report stage?

Answer 5

The bill is returned to the house with amendments made

Question 6

What is the purpose of the third reading?

Answer 6

The house will look through amendments and vote

Question 7

What happens when it goes to the other house?

Answer 7

Lords will look through the Bill. If any changes are made it had to return to the original house

Question 8

What happens during royal assent?

Answer 8

The king will officially pass the bill. It is rare that this will not happen due to the CJS being based on democracy.

Question 9

What is a judicial precedent?

Answer 9

When a judgement of a case forms the outcome of all future similar cases.

Question 10

What is the case that started a precedent?

Answer 10

Donoghue v Stevenson
–> women drank ginger beer with decomposing snail. Successfully sued manufacturer as it was determined they had a duty of care.

Question 11

What case followed this precedent?

Answer 11

Daniels V White
–> man brought lemonade with corrosive metal in. Successfully sued manufacturer as they followed previous case for duty of care.

Question 12

What are the two exceptions to following a precedent?

Answer 12

1. Distinguishing - if the facts of the present case is significantly different to original case
2. overruling - a court higher in the hierarchy can overrule the legal decision

Question 13

What is the literal rule?

Answer 13

The ordinary everyday meaning of the law is followed.

Question 14

What is an example of a case where the literal rule was followed?

Answer 14

Whiteley V Chappell.
–> defendant voted under a deceased persons name. However, the law stated for it to be an offence, the persons who name was being voted under had to be eligable to vote.

Question 15

What is the golden rule?

Answer 15

When courts modify the literal meaning of the law to prevent absurd results.

Question 16

What is an example when the golden rule was followed?

Answer 16

Re Sigsworth
–> prevented a defendant from inheriting his mothers estate, as he was responsible for her murder

Question 17

What is the mischief rule?

Answer 17

Allows courts to enforce the law in a way that achieves its intended purpose

Question 18

Whats an example of the mischief rule?

Answer 18

Smith V Hughes
–> prostitutes tried to claim they were not breaking the law as they were not soliciting themselves on the street. They were still found guilty as they were causing a nuisense regardless of their location