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Criminology > AC 1.1 describe processes used for law making > Flashcards

AC 1.1 describe processes used for law making Flashcards

1
Q

what are the two main sources of law

A

-The government (through parliament)
-the Judiciary

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2
Q

What is a statute

A

Law made by parliament

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3
Q

The Monarch

A

The king plays a constitutional role in opening and dissolving parliament and approving Bills before they become laws

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4
Q

What three parts are parliament made up of

A

-the monarch
-the house of lords
-the house of commons

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5
Q

What is the main job of the lords

A

to act as a double check on new laws

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6
Q

What are members of the house of lords known as

A

Peers

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7
Q

What are life peers

A

Can’t pass on their peerage

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8
Q

What were peers originally known as

A

Traditionally known as a nobleman- they had a hereditary position and passed on peerage to the next generation

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9
Q

How are MPs elected

A

at a general election to represent a constituency

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10
Q

why is the house of commons the most important part of parliament

A

It’s made up of the elected representatives of the people

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11
Q

What is a proposal for a new law called

A

A bill

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12
Q

What is the role of the government

A

to run the country

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13
Q

Who is the government made up of

A

The political party that has a majority of the 650 MPs

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14
Q

How does a bill become a act of parliament

A

Must be agreed by both houses of parliament and receive the royal assent

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15
Q

What is a green paper

A

An initial report to provoke public discussion of the subject. Often includes questions for interested individuals and organisations to respond to

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16
Q

What is a white paper

A

After the consultation the government publishes this paper setting out the detailed plan for legislation. (Drafted version of bill)

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17
Q

What are the 7 stages a bill must go through to become an act

A

-first reading
-second reading
-the committee stage
-the report stage
-third reading
-the lords
-Royal assent

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18
Q

What is the first reading

A

The government first introduces the bill into the commons where it receives a first reading. Followed by a vote to allow it to go to the next stage

19
Q

What is the second reading

A

When the main principles are considered and debated by the whole house of commons and a vote is taken. government will usually win as they have the support of the majority MPs

20
Q

What is the committee stage

A

bill is examined in detail, line by line, by a small committee made up of MPs from different parties. they will report back to the whole house and will often propose amendments

21
Q

What is the report stage

A

gives MPs an opportunity to consider the committees report and to debate and vote on any amendments they might wish to make.

22
Q

What is the third reading

A

Final chance for the commons to debate the bills contents. No amendments are allowed at this stage the house votes to pass or reject it

23
Q

What happens after the third reading

A

the bill goes to the house of lords where it goes through the same stages. if they make amendments it must go back to the commons so they can decide to accept or reject it.

24
Q

What is royal assent

A

once the bill has been passed by both houses it goes to the monarch for signing. this is the monarchs agreement to make the bill into an act

25
Q

What are 2 criminal laws introduced by government and passed by parliament

A

-The Criminal Justice Act (2003)
-The Dangerous Dogs Act (1991)

26
Q

The Criminal Justice Act (2003)

A

introduce a change to the double jeopardy rule, following Ann Ming’s campaign. It allowed the second trial of the killer of Ming’s daughter and they were convicted

27
Q

The Dangerous Dogs Act (1991)

A

This Act was rushed through parliament in just a few weeks as a knee-jerk over reaction to a media led moral panic

28
Q

What is the role of the judge

A

-ensure that the trial is fair and to protect the defendants human rights
-advise the jury on points of law and court procedures
-act as a referee between the defence and prosecution
-pass sentence if the accused is found guilty
-where there is danger of jurors being bribed or intimidated the Criminal Justice Act 2003 permits a judge to sit alone

29
Q

What are the two process judges can make laws

A

-judicial precedents
-Statutory interpretation

30
Q

what is judicial precedent

A

A source of law making where the past decisions of judges create law for future judges to follow

31
Q

What is judicial precedent based on

A

the principle of standing by or following what judges have decided in previous cases (stare decisis)

32
Q

Why is it important to follow the decisions of previous cases

A

It creates certainty, consistency and fairness in the legal system

33
Q

what is the court hierarchy

A

The supreme court is at the top and decisions by a higher court automatically creates an original or binding precedents for all lower courts that they have to follow for similar cases

34
Q

What are the 2 exceptions to following

A

-distinguishing
-overruling

35
Q

What is distinguishing

A

A precedent from an earlier case is only binding on a present case if the legal principle involved is the same or if the facts are similar

36
Q

What is overruling

A

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

37
Q

The law on martial rape

A
  • example of overruling
    -Case of R v R - husband was convicted of attempting to rape his wife
    -appealed on the basis of a centuries old precedent that a husband can’t be guilty of rape
    -Court overruled this on the grounds tat the idea of irrevocable consent was unacceptable today as a couple is seen as equal
38
Q

What is statutory interpretation

A

Judges can make laws by the way they interpret statutes or acts of parliament

39
Q

What are the 3 main interpretation rules

A

-The literal rule
-The golden rule
-The mischief rule

40
Q

The literal rule

A

judges should use the everyday, ordinary meaning of the words in a statute

41
Q

What is a problem with the literal rule

A

A word can have several different literal dictionary meanings

42
Q

The golden rule

A

Allows the court to modify the literal meaning to avoid absurd results

43
Q

The mischief rule

A

Allows the court to enforce what the statute was intended to achieve, rather than what the words actually say

Criminology (6 decks)

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