Crime unit 4 booklet 1 Flashcards
1
Q
What 3 parts is parliament made up of
A
House of commons
House of lord
Monarch
2
Q
What are members of the house of lords called
A
Peers
3
Q
How many people are there in the house of lords
A
800
4
Q
What is life peers
A
Their title wont be passed onto their own children
5
Q
What are the lords main Job
A
That they have to ‘double check’ the law
6
Q
how do you become a common
A
they are elected by representatives of the people
7
Q
How many members are there in parliament
A
650 members
8
Q
How do MPs get elected
A
general election to represent a constituency
9
Q
What is green paper
A
Initial report to provoke publish discussion of the subject. Normally has questions for interested individuals and organisation ns to respond to
10
Q
what is white paper
A
After consultation government post a document setting out their detailed plan for legislation. Often includes a draft version of the bill they intend to put before parliament
11
Q
What are the two types of bill
A
Private and public
12
Q
What is first process in creating a law
A
The written proposal of new bill
13
Q
What is a government bill
A
Sponsored by the government
14
Q
What are private members bill
A
sponsored by private members/ individuals
15
Q
Why are the government bills priority and passed by parliament
A
they have majority in house of commons and win the vote easier
16
Q
What is the consultation stage
A
Opinion on lots of other peoples
17
Q
When adding the drinks law
A
Pubs, clubs, police and ambulance services
18
Q
What is the first reading of the bill
A
Bill had to be read out to everyone so people could think about how they want to vote and allows people to know what’s coming into discussion
19
Q
What is the second reading of the bill and why is it more important
A
they debate discuss answer questions and vote on the bill
20
Q
What is the committee stage
A
Separate part of the committee is created for the every bill and that have the discussion on it
21
Q
What is the report stage
A
Gives the house of commons discuss the bill with all the changes and see if they still want to proceed
22
Q
how does the committee stage in the house of lords differ from the commons
A
everyone reads every line instead of a small group of people
23
Q
What happens to the bill if the lords want to make changes to it
A
It gets sent back to the commons and they do a sort of “ping pong” until they are both happy
24
Q
When both the lords and commons are happy with the outcome where does it go
A
To the current ruling monarch
25
What is one of the major reason that the monarch should allow the bill to be passed
Due for the fact that it went through the house of commons it means that the majority of people voted for it and so its the voice of the people
26
Give and explain an example of when the government bill was blocked by the commons
The bill of hunting and wanting to change the times that they could keep suspected terrorist, They wanted it to go from 14 days to 90 days and lost the vote in commons
27
What is the third reading
Final chance for the commons to debate the bills contents. No amendments can be made. The bill is voted for to see if it pass or it to be rejected
28
What is the criminal justice act (2003)
Changes in double Jeopardy rule. Following Ann Mings successful campaign the Macpherson report on the murder of Stephen Lawrence, The change allows the killer of Ann Ming's daughter and one of the suspect in the killing of Stephen Lawrence to be tried a second time (they both got convicted)
29
What is the crime (sentences) Art (19970
Mandatory minimum sentence for a range of repeat offenders, such as automatic life sentences for second serious sexual or violent offences
30
The dangerous Dog act (1991)
Most legislation involves detailed scrutiny and usually takes months to become law. Act was rushed through parliament in just a few weeks due to the media-led panic. This meant many flaws like it "blamed the breed not the deed". Most attacks are not committed by four breeds banned.
31
What is Judicial precedent based on?
Principle of standing and following what judges have decided in previous cases
31
What does Judicial precedent mean for cases heard today
Judges follow decision made in previous ones. Treating cases in the same way creates certainty, consistency and fairness in legal system
31
What has Judicial process be known as common law
Law of the land has developed from the following decisions made it earlier cases so helped create a single set of laws common to the whole country
32
What is Distinguishing
If the judge finds the fact the present case are diffrent enough from an earlier case means they can act different and not follow precedent from earlier case
32
How does the court hierarchy affect law
decisions taken in case by higher court automatically creates an original or binding precedent for lower courts.
32
What is over ruling
When a court higher up the hierarcht states that a legal decision in an earlier case is wrong and overturns it. (Supreme court can overrule lower courts decisions when it hears an appeal)
33
How does overruling get exampled by the laws on marital rape?
A husband can be convicted of attempt of raping his wife. He appealed on the grounds that there was a centuries-old precedent that a husband couldn't be guilty of raping his wife because the marriage contract gave his wife irrevocable consent to sex.
court appealed this on the grounds that the idea of irrevocable consent was unacceptable today because a couple are now seen as equal partners in marriage
34
Literal rule is what
Everyday ordinary meaning of a words in a statue. However one problem with this method is the word has different literal dictionary meanings
35
What is an example of literal rule
R V Magennis (1987) a case involved illegal drugs different meaning in the word 'Supply'
36
What is the golden rule
Sometimes the literal rule can lead to an absurd result and the golden rule allows the court to modify the literal meaning to avoid this
37
What is an example of the golden rule
Oddicial secrets act (1920) it was offence to obstruct her majestys forces in the vincity of (i.e near) a prohibited place, such as navel base. In the Alder V george (1964) Alder argued that the law wasnt broken due to him not literallt in the vicinity of a prohibited place, but was actually in it. the court chose to apply the golden rule to avoid an absurd result.
Alder was convicted.
38
What is the mischeif rule
Allows court to enforce what the statue wa sintended to achieve rather than what the words actually say
39
What is an example of a mischeif rule
Licensing Act (1872) makes it an offence to be drunk in a 'carriage' on the highway. In Corkery V Carpenter (1951). Corkery was found guilty even though he had been in charge of a bicycle, not a carriage. Court used mischeif rule to convict him, with the argument that the Act purpose was to prevent people from using ant form of transport drunk on the highway
40
What are the advantages of literal rules
That it doesn't offend the separation of powers, highlights faulty legislation to la-makers, offers certainty
41
What are some disadvantages of literal rules
Can produce absurd results, simplistic in way it looks at language, experts to much parliament
42
What was cheesman caught doing and why was he left off.
He was caught exposing himself to 2 police officers in a public toilet. This meant that he got charged under section 28 of the police town clause act 1847 with "wilfully and indincity"
This means that by applying the literal rule the police werent classed as 'passengers' since that meant 'passer by' in the context of language used at time act was written.
43
What happened to Berriman and why did his family fail to get compensation
Was hit and killed by a train whilst oiling points along the railway. The fatal accidents act 1864 means someone should have been with him as a lookout
Due to oiling points were only 'maintaining' and not 'repairing' it as the statue specifically required so the family was not entitled to any compensation.
44
In whitely v Chappel what had the appellant done and why did the court find the appellant not guilty
The appellant had two votes in an election due to pretending to be someone who had died and was still on electoral register
The court had to consider 'any person entitled to vote' within poor law, Although dead cant vote the appellant clearly could not have impersonated someone who is 'entitled to vote' within the act.
45
What is the narrow approach
Choosing the meaning where the words is ambiguous
46
What is the wide approach
Where the court ignores the literal meaning
47
What are the advantages of Golden rule
Provides an escape route for me courts, can be seen as following true intention of parliament judges still cannot change intention of parliament - just correct errors
48
What are disadvantages of the golden rule
No guidance on how and when to use the rule, holds parliament over high standers, could arguably be against separation of powers.
49
In the R V Allen (which used the narrow approach of the golden rule) why did the court decide on second definition of marriage?
Court called upon the examine wordings of Section 57 of the offences against the person act 1861 - "Whoever, being married, shall marry any other person during the lifetime of the former husband or wife (there have been no divorce)... shall be liable.
Due to the term marriage having different ideas (legally or through the ceremony) the court choose the second meaning since the first meaning meant nobody could be convicted. If marrying twice under the act is illegal then nobody could get married twice
50
In Adler V George what was the importance of the phrase 'in the vicinity of'?
Due to him being inside of it. Meaning that he was following the rules.
51
Why did the court 're-write' the act of parliament in the Sigsworth case?
Sons murder his mother who had left a will. Under the administration of justice act 1925 the mother estate auto pass to her son.
No ambiguity in the words of the act but how could the court allow murder to benefit wider approach to the law used and the court effectively rewrite the act of parliament
52
What are some advantages of the mischief rule
Allows an escape route and improve on the law. gives effect to parliament true intention
53
What are some disadvantages of of the mischief law
Rule is old, law is more complex today less extrinsic aids available for older acts
54
why was the mischief rule used in Corkery V Carpenter
defendants caught using a bicycle drunk and argued that due to not being a carriage it was good enough to get away with
55
Why was the mischief rule used in Smith V Hughes
Prostitution changed under the street defences act 1959 for littering or soliciting "in a street or public place for the purpose of the persecution"
Prostitution was mischief law was trying to predicate the prostitutes weren't on public land and inviting people of the street
56
What is the purposive approach
Courts attempt to find the broader purpose behind a piece of legislation rather than just the meaning of its word
57
What are the advantages of purposive approach
gives the parliament true intentions, uses a lot of extrinsic aids, avoids absurd and harsh outcomes
58
What are disadvantages of the purposive approach
Offers huge freedom to judges and could be viewed as offending separation of powers, it can only be used if it is possible to identify parliaments intentions it seems better suited to EU law than England law
