AC 1.1 Describe processes used in law making

Question 1

what is judicial precedent

Answer 1

law made by judges in court
they make judgements for cases and this forms the law
called ‘common law’

Question 2

how does judicial precedent work

Answer 2

judges must follow decisions from previous similar cases, known as common law
compulsory when given by higher court
when there is no past decision, the judge must decide and make an original precedent, making new laws

Question 3

examples of judicial precedent

Answer 3

donoghue v stevenson
daniels v white

Question 4

techniques involved in judicial precedent

Answer 4

judges can avoid following precedents under certain conditions such as distinguishing overruling and reversing

Question 5

stare decisis

Answer 5

stand by the decision

Question 6

house of commons

Answer 6

made up of MPs voted by the public for their constituency
650 members of parliament

Question 7

house of lords

Answer 7

contains heredity peers (92) whose families are born lords as well as individuals appointed lords
26 church of england bishops and archbishops

Question 8

monarch

Answer 8

the queen/king head of state in uk
all bills get approval from monarch before passing as a law

Question 9

what is parliament made up of

Answer 9

house of commons
house of lords
monarch

Question 10

to create a new law it starts with..

Answer 10

a green paper
white paper

Question 11

a green paper

Answer 11

allows public consultation on a potential new law to be discussed

Question 12

white paper

Answer 12

after consultation, a white paper is create with formal proposals
allows a bill to be created and presented to parliament

Question 13

statutory interpretation

Answer 13

if a word or phrase is unclear, a judge must decide its meaning
judges in higher courts bind those in lower courts
lower courts follow the interpretation of senior judges

Question 14

examples of statutory interpretation

Answer 14

whitely v chappell was decided using the literal rule

Question 15

techniques involved in statutory interpretation

Answer 15

judges can use different rules of interpretation and in doing so can establish new laws
e.g. the literal, golden and mischief rules are rules of interpretation

Question 16

government process

Answer 16

first reading
second reading
committee stage
report stage
third reading
royal assent
bill becomes act of parliament

Question 17

first reading

Answer 17

name of bill and main aims read out
formal vote taken

Question 18

second reading

Answer 18

main debate of bill followed by another vote

Question 19

committee stage

Answer 19

group of representatives look at the bill to address any issues and suggest changes

Question 20

report stage

Answer 20

committee report back to house who then vote on proposed amendments

Question 21

third reading

Answer 21

final vote on bill

Question 22

royal assent

Answer 22

monarch signs bill
cannot refuse as it is now only a symbolic stage
bill becomes an act of parliament

Question 23

judicial

Answer 23

belonging or related to a judge

Question 24

precedent

Answer 24

a decision in a legal case that must be followed in similar future cases