AC1.1

Question 1

What are the two main processes for law making?

Answer 1

1) Government processes

2) Judicial processes

Question 2

What is the mnemonic for remembering the process of government law making?

Answer 2

Green and White Fat Snails Can’t Reach The Hand Rails.

Question 3

What does Green and White Fat Snails Can’t Reach The Hand Rails stand for

Answer 3

Fat = First Reading 
Snails = Second Reading 
Cant = Committee stage
Reach = Reoprt Stage
The = Third Stage
Rails = Royal Assent

Question 4

What happens in the First Reading

Answer 4

Name and main aims of bill are read out and a formal vote is taken

Question 5

What happens in the Second Stage

Answer 5

The main Debate takes place followed by another vote

Question 6

What happens In the Committee Stage

Answer 6

Chosen group of Representatives looks closely at bill to address any issues and suggest appropriate amendments

Question 7

What happens in the report stage

Answer 7

Committe report back to the hull house who then on the proposed amendments

Question 8

What Happens in the Third Reading

Answer 8

The final vote on then bill

Question 9

What Happens in the Royal assent

Answer 9

The Monarch Signs the bill she cannot refuse

Question 10

explain the ‘green paper’ stage of government law making.

Answer 10

• basic proposal for a law/change to an existing law.

- sent to relevant people and published online so people can comment on the proposal and make suggestions.

Question 11

Explain the ‘white paper stage’ of government law making.

Answer 11

• published by Parliament
• firmer proposal on the law/change.
• takes into account the suggestions made while it was a green paper.

Question 12

Explain what happens in the House of Lords in the process of government law making.

Answer 12

• similar process (from first reading to third reading)

- if the Lords make any changes to the bill, the House of Commons are told.

Question 13

Which laws give the House of Commons power to make a law without the consent of the House of Lords?

Answer 13

The Parliament Acts 1911 and 1949.

Question 14

What are the 2 different ways that judicial law can be made?

Answer 14

1) Judicial precedent

2) Statutory interpretation

Question 15

What is judicial Consent

Answer 15

When a judge sets a rule for how a law should be followed.

Question 16

When a judge sets a rule for how a law should be followed.

Answer 16

If there is no previous case ruling to follow.

Question 17

who can change a previous ruling or overrule it?

Answer 17

A higher court judge like in the Supreme Court - it is binding to all courts below it.

Question 18

What is common law?

Answer 18

Judge made law.

Question 19

Give an example and details of a case where an original judicial precedent was made.

Answer 19

Donoghue v Stevenson (1932) - the judge ruled that the problem with the drink bought was negligence and allowed the claimant to sue.

Question 20

Give an example and details of a case where a judicial precedent was followed

Answer 20

Daniels v White (1938) - the judge followed the ruling of Donoghue v Stevenson to allow the claimant to sue because of a bad drink.

Question 21

What is statutory interpretation?

Answer 21

When a judge interprets unclear words or phrases in a part of law. Following cases can then follow this decision.

Question 22

Give an example and details of a case where statutory interpretation was used.

Answer 22

Whiteley v Chappell (1868) - the defendant was charged under a section of law which made it an offence to impersonate ‘any person entitled to vote’ but as he had impersonated a dead man it was unclear as to whether or not he was guilty. The judge interpreted the law to rule not guilty as he believed the dead man was eligible to vote.