how the law is made

Question 1

Where are the main sources of law? i.e., where does law come from?

Answer 1

European law
Parliament
Courts

Question 2

How are Acts of Parliament made?

Answer 2

start as bills and can be started in either the House of Commons or the House of Lords.

Question 3

what stages must a bill go through to become part of the law?

Answer 3

1. first reading
2. second reading
3. committee stage
4. report stage
5. third reading
6. The process is repeated in the other house
7. after consideration of amendments and Royal Assent they become law.

Question 4

what is delegated legislation?

Answer 4

• Orders in Council (made by Privy Council in times of emergency – avoids going through full process)
• Statutory Instruments (created by government departments e.g. food safety laws)
• Byelaws (made by local authorities to regulate any facilities they provide e.g Transport for London)

Question 5

What systems are in place to help judges interpret statutes?

Answer 5

1. Intrinsic aids (sometimes words are defined within the statute itself)
2. External aids (anything outside the Act that helps to clarify the meaning of the Act, e.g. a report from Parliament)
3. Judicial principles of statutory interpretation (contextual, literal, golden, mischief and purposive)
4. Judicial presumptions (e.g. any act carried out before the Act was created will not be an offence under the Act).

Question 6

The golden rule is:

A) A rule regarding etiquette amongst the judiciary.

B) A rule relating to the doctrine of precedent.

C) A rule to aid statutory interpretation.

D) A rule relating to the time length allowed for cases.

Answer 6

C) A rule to aid statutory interpretation.

Question 7

Which of the following is NOT a form of delegated legislation:

A) Orders in Council

B) Statutory Instruments

C) Public Bills

D) Byelaws

Answer 7

C) Public Bills

Question 8

Which of the following is the highest form of law in England?

A) Common Law

B) Legislation

C) Case Law

D) Equity

Answer 8

B) Legislation

Question 9

Legislation passed by some body other than Parliament is referred to as _________ legislation.

A) Distributed

B) Delegated

C) Devolved

D) Alternative

Answer 9

B) Delegated

Question 10

Which of the following is the highest form of law in England?

A) Common Law

B) Legislation

C) Case Law

D) Equity

Answer 10

B) Legislation