Ac1.1 Flashcards

1
Q

What is Judicial precedent?

A

Past judges decisions creates laws for future judges.
Fairer, Easier and more consistent

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2
Q

What are the 2 main situations Court doesn’t follow precedent?

A

Distinguishing- facts in both cases are the same.
Overruling- a higher court can change the outcome of lower courts.

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3
Q

What is Statutory Interpretation?

A

Judges can interpret the law

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4
Q

3 main interpretation rules?

A

Literal Rule- use of everyday meaning of words in statute
Golden Rule- allows court to modify literal meaning to avoid absurd result
Mischief Rule- allows court to look to the problem parliament want to fix

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5
Q

What is the information of HOC?

A

650 MP’s
make laws and decisions
elected reps

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6
Q

What is the information on HOL?

A

800 peers
clarify the laws
make decisions

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7
Q

What information on the King in Parliament?

A

1 monarch
final say
gives the bill royal assent to become a law

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8
Q

What is the start of the law making process?

A

Starts off as green paper which is initial discussion and then to the white paper where it is a documented bill, ‘draft legislation’

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9
Q

What is the First section of the Law making process?

A

Starts in the HOC, 1st reading, 2nd reading, Committee Stage (select committee) and the report stage

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10
Q

What is the second section of the law making process ?

A

The third reading (final vote), The HOL (every stage repeated,’ping pong politics’), Report back to HOC and then finally the Royal Assent

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11
Q

What is primary legislation?

A

Laws made by parliament directly.

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