Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Crim. Year 2 > Ac.1.1 > Flashcards

Ac.1.1 Flashcards

1
Q

What are most laws made by

A

Passing acts of parliament

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

What can laws be referred to

A

Statutes or/and legislation

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

Purpose of house of commons

A

Elected members of parliament debate, scrutinise and pass laws

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

What happens with the majority of seats in commons

A

Forms the gov and its leader becomes the prime minister

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

Why is the house of lords considered the technocratic house

A

Bc many of its members are appointed based on their expertise, knowledge and experience in specific fields

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

Lords often have what

A

Specialised skills and insights, like law, business, science or the arts

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

Bc lords have specilised skills allowing them to do what

A

To scrutinise and refine legislation with A high degree of technical competence

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

How many lords and ladies are there

A

800

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

How many seats MPs

A

650 but only 427 physical chair

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

What does parliament do

A

Check and challenge the work of the GOV. Make and change laws(legislation). Debate the importance issues of the day. Check and approve gov spending like budgeting and taxes

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

Why was the parliament acts of 1911 and 1949 introduced

A

To reduce the power of the unelected house of lords in the law-making process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Why was the parliament act 1911 introduced

A

The act removed the lords’ ability to veto money bills completely and limited their power to delay other public bills to two years.

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

Why was the parliament act 1949 introduced

A

This act further reduced the lord’s power to delay non-money bills from two years to one years

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

The crown is a what

A

An integral part of the UK parliament, its monarch playing a largely ceremonial role

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

What are the kings constitutional duties

A

Opening and dissolving parliament and approving bills

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

What is it meant by opening and dissolving parliament

A

The monarch formally opens parliament each year and has the power the dissolve it before the Bernal election.

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

What is it meant by approving bills

A

Once both houses of parliament have passed a bill, it must receive the royal assent to become law

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

What the parliamentary sovereignty

A

Constitutional principle that divides the functions of government into three branches- the legislature, the executive and the judiciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The functions of legislative - parliament

A

Create, amend and scrutinise laws, as well as hold the Gov accountable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

The functions of executive - government

A

Implements and enforces laws made by parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

The functions of judiciary - courts

A

Interprets and applies- ensuring fair legal process for both individuals and the gov followed the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Dicey’s conception had two ides

A

unlimited legislative authority and no change to acts of parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

meant by unlimited legislative authority (dicey’s)

A

parliament can legislative on any matter, without restriction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

meant by no challenge to acts of parliament (dicey’s)

A

no court or other institution can invalidate a law passed by parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

supremacy in legislation ?

A

parliament’s laws are the highest legal authority, shaping the criminal justice system- example new criminal offences or sentencing guidelines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

the flexibility of law making

A

no parliament can bind its successors, meaning future parliaments can amend criminal laws to address societal changes or new challenge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

accountability of law making

A

parliament’s sovereignty ensures that law-making remains transparent and subject to democratic scrutiny, as MPs and lords debate and vote on all criminal laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is stage 1 of pre-legislative process

A

Green & white paper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is green& white papers

A

It is a key Preliminary documents used before a bill is formally introduced.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is the purpose of a green paper

A

It is a consulate docs, proposing new policies or changes to changes to laws, and getting input from the public or stakeholders.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What the nature of the green paper

A

To outline options and inviting feedback, and open to hear a wide range of views.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Example of a green paper

A

On about education suggesting changes of curriculum and wants response from teachers and students

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is purpose of the white paper

A

It is a formal policy docs which outline the gov’s intentions for new laws after consultation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

The nature of a white paper

A

It is a detailed proposals, setting out the final plan, often including a draft bill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is the second stage of the pre-legislative process

A

Bills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What are the three types of bills

A

Public, private, private members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What is a public bills

A

Most common bills, affects the whole country.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Example of a public bill uses

A

Bills related to education reform, health care or criminal justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

How is the public bills introduced

A

By bringing forward by gov ministers as part of their official duties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is a private bill

A

The bill applies to specific individuals, organisation or localities rather than the entire population

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Example of a private bills

A

Bill concern local authorities or private companies like infrastructure project like railway construction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

How is a private bill introduced

A

Sponsorship by organisation like local authorities or Corporations and affect the entity or area specified in the bill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What is a specific example of a private bill

A

House of Lords (hereditary peers) bill- parliamentary bills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Who introduces the private member bill

A

By MPs or lords who are not part of gov

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Example of the private member bull

A

The bill often focus on social issues or niche topics like the abortion act 1967

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

How is the private member bill introduced

A

By back bench MPs or lords through mechanisms like the ballot, ten-minute or presentation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Specific example of a private member bill

A

Firearms (3D printing) bill - parliamentary bills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Bills must be agreed by what

A

Both houses and receive royal assent before they become acts ofparliament

48
Q

What is stage 3 of parliamentary law making

A

Legislative process in the house of parliament

49
Q

What happens after the bill is formed

A

Enters the parliamentary process for law making, while it can start in either the House of Lords + commons.

50
Q

What is judicial processes

A

Decisions made by higher judge making binding decisions for low judges to follow

51
Q

What are law reports

A

A written record of a court’s decisions on a legal issue that sets a precedent for future cases

52
Q

The purpose of law report

A

This is to provide a reference for courts to ensure consistency of the legal decisions

53
Q

What is stare decisis

A

Stand by the decision

54
Q

Principle of stare decisis

A

Courts should follow previous rulings when deciding similar cases

55
Q

How efficient is stare decisis

A

Saves times by relying on established legal principles

56
Q

How fair is stare decisis

A

Fairness for D, treating similar cases in A similar manner

57
Q

What is ratio decidendi

A

Reason for decision

58
Q

What does ratio decidendi

A

The legally binding part of judge’s decision that sets a precedent for future cases

59
Q

What is the importance of ratio decidendi

A

Core legal principle forming the essential legal reasoning behind a judge’s ruling.

60
Q

What is the binding precedent of ratio decidendi

A

This reasoning must be followed by lower courts in similar cases

61
Q

Case that links to ratio decidendi

A

Donoghue V Stevenson

62
Q

Facts of Donoghue V steveson

A

Women drank ginger beer containing a decomposed snail causing illness. Not able to sue as she wouldn’t customer

63
Q

What was the ratio of Donoghue v steveson

A

Manufacturers owe a duty of care to consumers affected by their products

64
Q

What was the ratio of Daniel v white

A

Apply the same ratio for Donoghue as the facts of case are similar - drank corrosive mental

65
Q

What is the general rule of ratio decidendi

A

That you don’t discuss the facts of cases unless it is useful to the point you are trying your make which only true when evaluating

66
Q

When do they allow avoiding judicial precedent

A

Allows do this when the facts are slightly different or the last known case was 1900 but the case is now in 2024- different time/ society

67
Q

When does overruling occur

A

when a higher court in the hierarchy sets aside a legal ruling made in a previous case by a lower

68
Q

example of overruling

A

court of appeal 2018

69
Q

what happen in the court of appeal 2018

A

rules that flying drones over private property without is illegal. Supreme overruled this in 2020. they disagree when flying a drone over private property isn’t invasion of privacy

70
Q

what case overrule r v miller 1954

A

R v R

71
Q

what happen in r v miller 1954

A

court held that D was not guilty of raping his wife due to the legal principle of implied martial consent. principle was based on the idea that, by marrying, a wife’s consent to sexual relations indefinitely as part of the marriage contract- wife is husband’s property

72
Q

what happen in R v R

A

D was prosecuted of rape. the court ruled that the notion of implied marital consent was outdated and no longer applicable in modern society. shift in law.

73
Q

what is reserving

A

is when the higher court in the hierarchy overturns the decision of a lower court in the SAME CASE during an appeal

74
Q

example of reserving

A

Gillick

75
Q

what was the original case of Gillick

A

the court of appeal ruled that doctors could not provide contraceptive advice or treatment to under 16s without paternal consent

76
Q

what did they reserve in the Gillick

A

reserve that decisions, establishing that under 16s could consent to medical treatment if they had sufficient understanding and intelligence to appreciate what was proposed

77
Q

what is the Gillick case know as

A

“Gillick competence”

78
Q

what is distinguishing

A

it allows a court avoid following an earlier precedent when the facts of the current case differ on a meaningful way. ensuring that the law is applied appropriately to each unique situation without being rigidly bound by past decision that may not be entirely relevant

79
Q

what cases links to distinguishing

A

Balfour v Balfour 1919
Merritt v Merritt 1971

80
Q

what happen in Balfour v Balfour

A

living together, made an agreement of regular sum to Mrs. B while her Mr. B worked abroad. Mrs. B brought a claim to enforce that agreement

81
Q

ratio if Mrs B v Mr B

A

it was a domestic arrangement where it can be presumed that legal intention does not exist

82
Q

what happen in Merritt v Merritt 1971

A

they were separated meaning they intend to make an agreement in writing of payment of regular sum to Mrs M- to pay mortgage. intention to pay mortgage. Mrs M brought claim to enforce the agreement.

83
Q

What was the ratio of Merritt v Merritt

A

It was binding. COA distinguished the case of B v B on the ground that the parties were separated. Where spouses have separated it is generally considered that they do minted to be bound by their agreements

84
Q

How do judges use statutory interpretation

A

If the statue meaning is unclear, they will have to interpret to understand parliament’s intention

85
Q

What are the necessary of statutory interpretation

A

Ambiguity + complexity of language.
Changes over time
Unexpected scenario

86
Q

What does it mean by ambiguity and complexity of language in statutory interpretation

A

When words have multiple meanings, be vague or lead to different interpretations depending on the context.

87
Q

What does it mean by changes over time in statutory interpretation

A

Language evolves, and meanings of words can shift, making older statutes harder to apply to modern scenarios

88
Q

What does it mean that unexpected scenario in statutory interpretation

A

Statutes may not go over all possible situations or tech advancements that arises, requiring judges to fill in gaps

89
Q

What crimes/things have change over time

A

Theft, marriage and communication

90
Q

What has changed about theft

A

Originally meant the physical taking of property; now includes forms like intellectual property theft and cybercrime

91
Q

What has changed about marriage

A

Traditionally a union between a man and women; redlined by legislation- same sex couples act 2013- same sex union

92
Q

How has communication change over time

A

Previous meant talking, letters or phones calls; nones covers emails, texts, social media, impacting cases of harassment, defamation or privacy

93
Q

What rules are there for statutory interpretation

A

Literal, golden, mischief and purposive approach

95
Q

What is the literal rule

A

This rule is applied first. Takes the words as the word literal meaning even if it results in an outcome that seems unfair or absurd.

96
Q

What is the constitutional basis on the literal rule

A

Respects parliamentary sovereignty by ensuring judges do not relate or modify laws, upholding parliament’s role as the sole law-making body.

97
Q

Case for the literal rule

A

Whitely v Chappell 1868

98
Q

What statute was made in Whitley v Chappell 1868

A

Statue made it an offence ‘to impersonate any person entitled to vote’. D used a vote of a dead man statue relating to voting rights required a person to be living in order to be entitled t vote

99
Q

What was held in whitely v Chappell 1868

A

Literal rule was applied and D was thus acquitted since the dead person wasn’t entitled to vote

100
Q

What is the golden rule

A

If literal rule leads to an absurd result.

101
Q

What is the narrow approach of the golden rule

A

Courts can modify the meaning of words where a word or phrase has more than one meaning

102
Q

What is the wide approach of the golden rule

A

If the literal rule leads to a result that is absurd to repugnant to the Bernal purposive of the statute, the court can depart for the literal meaning altogether

103
Q

Case of golden rule narrow approach

A

R v Allen 1872

104
Q

Facts of R v Allen 1872

A

D was charged with biamy. Section state “whoever being married, shall may any other person during the lifetime of the former husband or wife guilty of offence” can marry someone else if you’re already neared

105
Q

Held for R v Allen 1872

A

Applied the narrow approach, the word ‘marry’ should be given a meaning of ‘going through a ceremony of marriage’ and found D guilty

106
Q

Case for wide approach for golden rule

A

Alder v George 1964

107
Q

Facts of alder v George 1964

A

Official secret act 1920- illegal to obstruct a member of the armed force when in the vicinity of a prohibited place. D was inside the airbase as opposed to with the vicinity of it.

108
Q

Held of alder v George 1964

A

Applied the wide approach, court held that “in the vicinity of” included being inside the place to action an absurd result, and D was convicted

109
Q

What case formed the mischief rule

A

Heydon’s case 1584

110
Q

What is the mischief rule

A

Judges use it to understand what problem parliament intended to solve when passing the law, ensure the statue’s purposed is fulfilled

111
Q
A

Judges use it to understand what problem parliament intended to solve when passing the law, ensure the statue’s purposed is fulfilled

112
Q

Case for mischief rule

A

Smith v Hughes’s 1960

113
Q

Facts of smith v hughes 1960

A

Ds were prostitutes who been charged under the street offence act- illegal to solicit in a place. Prostitutes we’re soliciting from premised in windows so they could been seen by the public

114
Q

Held for smith v hughes 1960

A

Court applied the mischief rule holding that the activities of Ds Wes within the mischief the act was aimed at even though under literal rule they would be in a private place, but trying to stop soliciting

115
Q

What is the purposive approach

A

They look at what parliament intend for law when it was created. Using context, background and intended outcomes- to fulfil purpose.

116
Q

Case for purposive approach

A

Jones v tower boot company

117
Q

Facts of jones v tower boot company 1997

A

He was being racially harassed, court deciding if it fell under ‘the course of employment’ under s32 of the race relation act 1976.

118
Q

What was the issue of jones v tower boot company 1997

A

Employer argued that the actions fell outside the course of the workmate’s employment, bc such behaviour was part of their job

119
Q

Held for jones v tower boot company 1997

A

Parliaments intention when enacting the race relations act 1976 was to eliminate discrimination in the workplace and this would not be achieved by applying a narrow construction to the wording. Employer were liability paid compensation

Crim. Year 2 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions