AC 1.1 Flashcards
What is the House of Commons?
The House of Commons is made up of elected representatives (650 MPs) voted by the people in a general election.
What is the House of Lords?
The House of Lords contains hereditary peers and lifetime appointed peers who do not pass on their title after death.
What are the two types of bills?
The two types of bills are private bills and public bills.
What is a private bill?
A private bill is intended to affect one particular area or organization, often concerning personal matters.
What is a public bill?
A public bill is intended to affect the public as a whole and can be government bills or private member’s bills.
Who makes up Parliament?
Parliament is made up of the Monarch, members of the House of Commons, and members of the House of Lords.
What is the role of the government?
The government runs the country and is formed by the party with a majority of the 650 MPs.
What is a Green Paper?
A Green Paper is an initial report published for public consultation before a Bill is put to Parliament.
What is a White Paper?
A White Paper is a formal proposal for reform published after consultation, outlining detailed plans for legislation.This allows a draft act called a Bill to be presented to Parliament.
What is the first stage in the law-making process?
The first stage is the First Reading, where the name of the Bill and its main aims are read out.
What happens during the Second Reading?
The main debate takes place in the House of Commons followed by a vote.
What occurs during the Committee Stage?
A committee of MPs examines the Bill in detail and suggests amendments.
What is the Report Stage?
The Committee reports back to the full House, which votes on the proposed amendments.
What happens during the Third Reading?
The final vote on the Bill occurs, with no changes allowed.
What is the role of the House of Lords in the law-making process?
The House of Lords repeats all previous stages and can amend the Bill.
What is Royal Assent?
Royal Assent is when the Monarch signs the Bill, making it an Act of Parliament.
What is judicial precedent?
Judicial precedent is law made by judges based on past decisions that must be followed in future similar cases.
What is the hierarchy of courts in the judicial system?
The hierarchy is topped by the Supreme Court, followed by the Crown Court and then Magistrates Court.
What is distinguishing in judicial precedent?
Distinguishing allows a judge not to follow precedent if the case has different legal principles or facts.
What is overruling in judicial precedent?
Overruling occurs when a higher court states that a lower court’s decision was wrong and overturns it.
What is statutory interpretation?
Statutory interpretation is when judges interpret words and phrases within a statute.
What is the literal rule?
The literal rule uses plain, ordinary meanings of words in the statute.
What is the golden rule?
The golden rule allows for modification of literal meanings to avoid absurd results.
What is the mischief rule?
The mischief rule enforces what the statute intends to achieve rather than the literal wording.
What is an example of a statute for government processes of law?
The Crime (Sentences) Act 1997 introduced mandatory minimum sentences for repeat offences.
What is an example of a case for judicial processes of law?
Daniels v White (1938): The claimant bought a bottle of lemonade and when it was drunk he felt a burning reaction in his throat. The lemonade was found to have corrosive metal in it. The case of Donoghue v Stevenson was used when suing for compensation even though the facts were slightly different. It was sufficiently similar for the purpose of precedent. A judge can make law.
What is an example of a case for the literal rule in statutory interpretation?
Cheeseman v DPP
Cheeseman was caught exposing himself to two undercover police officers in a public toilet. He was charged for ‘exposing himself to the annoyance of passengers’. the word ‘passengers’ refers to passers by. As the officers were stationary, and not passers by, Cheeseman was found not guilty.
