ac1.1 Flashcards

describe processes used for law-making

1
Q

GOVERNMENT PROCESSES

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what 3 parts is Parliament made up of?

A

the House of Commons, the House of Lords and the Monarch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

who are the House of Commons?

A

the elected representatives, or members of parliament, voted by the people in an election

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

who are the House of Lords?

A

hereditary peers and many lifetime appointed peers who don’t pass on their title after death, for example, Lord Sugar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what does the Monarch do?

A

provides approval to the finalised bill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

where are the majority of law in England and Wales made?

A

in parliament by a process of consultation, debate and voting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what happens when a new law is made?

A

there is a public consultation in the form of a Green Paper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what happens after the public consultation in the form of a Green Paper?

A

a White Paper with formal proposals for reform is produced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what does a White Paper allow for?

A

a draft act called a Bill is to be presented to Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

where does the Bill begin its journey?

A

in one of the houses (Lords or Commons)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what are the 6 stages a Bill must go through before it becomes an Act of Parliament?

A
  1. first reading
  2. second reading
  3. committee stage
  4. report stage
  5. third reading
  6. royal assent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what happens during the first reading?

A

the name of the Bill and its main aims are read out and a formal vote is taken

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what happens during the second reading?

A

the main debate takes place followed by another vote

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what happens during the committee stage?

A

a chosen group of representatives look at the Bill to address any issues and suggest appropriate amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what happens during the report stage?

A

the Committee report back to the full House who then vote on the proposed amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what happens during the third reading?

A

the final vote on the Bill and all of the above stages are repeated in the other house

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what happens during the royal assent?

A

the Monarch signs the Bill. he can’t refuse as it is now only a symbolic stage as the Head of State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Proposed new law is introduced in the form of a ____

A

bill

19
Q

while the Bill is considered in Parliament it is subject to much ______

A

debate

20
Q

a Bill is a proposal for new law or a change to ________ law

A

existing

21
Q

one of the chambers in Parliament is called the House of ______

A

Commons

22
Q

the other chamber is known as the _____ of Lords

A

House

23
Q

once a Bill has been given the Royal Assent it is known as a piece of ___________

A

legislation

24
Q

the last stage of making an Act of Parliament involves the Royal Assent given by the _______

A

Monarch

25
Q

the process of involbing the members of both the House of Lords and House of Commons is very __________

A

democratic

26
Q

Once a Bill has passed through all the stages it becomes an Act of __________

A

Parliament

27
Q

JUDICIAL PROCESSES

A
28
Q

what is judicial processes made up of?

A
  • judicial precedent
  • statutory interpretation
29
Q

what does judicial mean?

A

belonging or related to a judge

30
Q

what does precedent mean?

A

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

31
Q

what is judicial precedent?

A

law made by judges in the courts

32
Q

what must the courts do when a case appears before them?

A

they must made a judgement and this forms the law and must be followed in future similar cases

33
Q

what happened in the case of Donoghue v Stevenson (1932)

A
  • 2 friends visited a cafe and one had a drink that had the remains of a decomposing snail in it
  • she fell ill and sued the manufacturer and won her case
  • the court said a duty of care was owed by the manufacturer to the woman
  • known as the ‘neighbour principle’, this founded the modern-day law of negligence
34
Q

what happened in the case of Daniels v White (1938)?

A
  • claimant bought a bottle of lemonade and felt burning in his throat when he drank it
  • the lemonade was found to have corrosive metal in it
  • the case of Donoghue v Stevenson was used when suing for compensation
  • even though it was slightly different, it was similar enough for the process of precedent
35
Q

how do judges need to apply the law in similar cases?

A

consistently and use the same principles

36
Q

why is law called common law?

A

becuase it must be common in all cases

37
Q

who must lower courts abide by the decisions from?

A

higher courts

38
Q

why must lower courts abide by the decisions from higher courts?

A

because there is a hierarchy

39
Q

when is it appropriate to not follow a past decision?

A

when it is permitted by the very senior courts such as the Supreme Court

40
Q

what must the judge do when there is no precedent?

A

make a decision and give an originl precedent

41
Q

what is statutory interpretation?

A

where judges in the superior courts such as the Supreme Court are called upon to interpret words and phrases within a statute

42
Q

what do judges in superior courts have to help them with statutory interpretation?

A

rules, aids and the ability to interpret in the way they see fit

43
Q

what happened in the case of Whiteley v Chappell (1868)?

A
  • defendant was charged with an offence of impersonating a person entitled to vote
  • they pretended to be person on the voter’s list who was dead
  • the court found the defendant not guilty since a dead person isn’t entitled to vote
44
Q
A