Ac1.1 Flashcards

1
Q

What is the government process of law making called

A

Parliamentary law making

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2
Q

What are the 7 stages of parliamentary law making in order

A
  1. Consultation stage
  2. First reading
  3. Second reading
  4. Committee stage
  5. Report stage
  6. Third reading
  7. Royal assent
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3
Q

What are the 3 parts of parliament

A

House of commons
House of lords
Monarch

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4
Q

Where can a bill start

A

House of lords
House of commons

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5
Q

What stages of parliamentary law making happen within the houses

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
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6
Q

What is a green paper

A

The consultation paper where the first draft of the bill is created

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7
Q

What is the white paper

A

The final draft of the bill which goes into the house of commons and house of Lords

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8
Q

What is the royal assent

A

More of a tradition and custom
Last time refused was 1708

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9
Q

What is statutory interpretation

A

Where a high court judge defines the word in an act

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10
Q

The literal rule

A

Where the judge follows the word of the act exactly but can cause unjust and absurd outcomes

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11
Q

Case for the literal rule

A

Whitley v chapman- was not convinced of impersonation of someone to vote as impersonated a dead person who couldn’t vote anyway

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12
Q

Golden rule

A

Like the literal rule but will look for other meanings of words to not get absurd of unjust outcomes

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13
Q

What is Judicial precedent

A

Where the results of cases influence others

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14
Q

What is original precedent

A

Where there is a new area of law there is an original precedent set in the outcome of the case

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15
Q

What is Binding precedent

A

Where the outcomes of higher courts must be followed by lower courts in the hierarchy

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16
Q

Cases for judicial precent

A

Donoghue v Stevenson
Followed by
Daniels v white

17
Q

Hierarchy of criminal courts

A

Supreme court
|
Court of appeal
|
Crown court
|
Magistrates court