AC1.1

Question 1

What is Judicial precedent?

Answer 1

• The oldest type of law also known as common law
• Can be overruled by parliamentary law as it is considered sovereign.
• Past decisions of judges create law for future judges

Question 2

What are the two exceptions to judicial precedent and what do they mean?

Answer 2

• Distinguishing- if the facts of case are different to earlier case can make a different decision.
• Overruling- if legal decision is wrong.

Question 3

What is an example of a case where judicial precedent was overruled?

Answer 3

• R v R (1991)
• Marital rape
• Sexual offences act, all rape is unlawful, including marital rape.

Question 4

What is Statutory interpretation?

Answer 4

The ways parliament ensure an Act is implemented correctly.

Question 5

What are the three rules of statutory interpretation and what do they mean?

Answer 5

• The literal rule- everyday ordinary meaning of Act.
• The golden rule- when applying literal rule would leave absurd result.
• The mischief rule- the oldest, what statute intended to achieve.

Question 6

What is an example of a case where the mischief rule of statutory interpretation was used?

Answer 6

• Corkey v Carpenter (1951)
• licensing act 1872 - offence drunk in a carriage.
• found guilty in charge of a bicycle.

Question 7

What is a parliamentary democracy?

Answer 7

• Where we elect our president / MP’s
• eg: UK

Question 8

How many MP’s are there?

Answer 8

650

Question 9

What is a Green paper?

Answer 9

An initial report prior to an issue going to parliament. Often provokes public discussion and has questions for those interested.

Question 10

What is a White paper?

Answer 10

A further report created after public consultation with a detailed plan for legislation ( draft bill going before parliament).

Question 11

How is the Criminal Justice Act 2003 important and effective?

Answer 11

Allowed changes to the double jeopardy law which allowed two of Stephen Lawrence’s killers to be retried and convicted.

Question 12

What is the first reading in parliamentary law making?

Answer 12

Formal introduction of a Bill and then where the house votes to continue/not.

Question 13

What is the second reading in parliamentary law making?

Answer 13

Where the whole house debates the Bill and another vote takes place.

Question 14

What is the committee stage in parliamentary law making?

Answer 14

Where the Bill is considered in detail and amendments are made.

Question 15

What is the report stage in parliamentary law making?

Answer 15

Where changes to the Bill are discussed.

Question 16

What is the third reading in parliamentary law making?

Answer 16

Where a yes/no vote is made and the final form of the Bill is made.

Question 17

What is Royal Assent?

Answer 17

Where a Bill becomes an Act as it is signed into the statute books.