Law Making - Paper 2 Section A Flashcards

Question

dangerous dog act | influence of media on parliment - example

Answer 1

* created a moral panic and focused mainly on pitbulls * so government had to react to the stress and panic of the public

Answer 2

* allows police and prosecturs to bring offenders to justice if they have new evidence against them * media did this by covering the steven lawrence

Answer 3

* jamie oliver - tv show * marcus rashford - media - free school meals

Answer 4

* reprosents public * supports pressure groups * raises public awarness of important issues * making gov aware of public pressire - change quickly * provides a link between public and gove

Answer 5

* fake news - misinfomation * non neutral media can influence in bias ways * laws affected by inaccuate reporting * newspapers are profit making - justice v profit * "moral panic"/exagerated issues - rushes laws

Answer 6

a group or organisation that seeks to influence parliment on a topic or cause

Answer 7

* reprosents views of a group of people in society * national farmers union * BLM - racial equality * NEV - education * fathers 4 justice

Answer 8

* promote a particular cause * BLM * greenpeace * occupy lonfon - finacial equality

Answer 9

regularly consulted by governement - green paper

Answer 10

* not consulted by government * protest/action

Answer 11

* protest * billboards * petetion * media campaigns * criminal acts * strike * consult government * blockades

Answer 12

* broad range of tactics and campaigns - different types have a range of effectiveness and reach different audiences * wide use of social media - reach different types of people (young and old) * meberships and subscription funds - funds can lead to more campaigns * sound and expert knowledge of their cause - sometimes consulted by governement - greater

Answer 13

* blinded in favour for their cause - partial rather than impartial - extreme bias * undesirable tactics - umpopular methods that can put people in danger * memberships and subsriptions - richer groups have more power * minoirty opionon - not reprosenting all of the uk opion - smaking ban * competing groups - who do the government listen to

Answer 14

* polocoes and reforms and new laws that a political oarty will put forward at general election * try to persuade people to vote for them * will include issues of finace , education , transport and law and order * 2019 conservatives maifesto was BREXIT

Answer 15

* each party will have their own view on different things which well set the tone for the laws * green - environment * conservative - lower taxes

Answer 16

* each party has a manifesto - shows public the parties plans * if a party has the majority seats most of their proposals law will be passed * proposed laws will be debated in parliment and will be changed * memebers of the house of lords have expertise - "normal people" also have a say

Answer 17

* if different party are appointed at general election - want to change , costly and takes time * majority seats - ignore the rest * changes made by house of lords may not be accepted by house of parliment * if crisis occurs (covid) a party may have to go against the maifesto which is not what the public voted for

Answer 18

* trying to persaude government minister or mps to support a cause * often carried out by pressure groups * gets it name from the practice of members of public meeting mps in the lobbies * cant take the form of - individual meetings , writing messages , petitions * if succsesful an mp will take it to parliment * often takes years or months for gov to respond

Answer 19

* if succesful laws are changed * they have greater expertise and influence

Answer 20

* government may have many requests anf are unable/unwilling to look at them * mostly unsuccessful

Answer 21

* a law made by a person or a body to whom parliment has delegated law making

Answer 22

* within an act there will be an authority for a specified person ( a minister) or a body (local authority) to make further more detailed laws

Answer 23

a written law by parliment

Answer 24

* .1. lack of parlimentary time * .2. allow detail to be added at a later date * .3. make use of local knowledge e.g by laws * .4. make use of expert technical knowledge * .5. easier to amend than an act of parliment * .6. more time can be taken to consider secondary legistation

Answer 25

* parliment does not have time to debate all the laws * struggles to deal with primary legislation and therefore secondary would be impossible * allows for debated time * some need more technical expertise (**bee diseases order**) * can be made promtly in times of emergency (**foot and mouth disease**)

Answer 26

* allows laws to be made more quickly than parliment which is vital in times of emergency * parliment takes longer as it does not sit all the time and its oricedures is generally quite slow and complex * can be made at any time

Answer 27

* mps dont tend to have technical knowledge or expertise * use experts who are familiar with the relevant areas * **air navigation order 1995** * jacqueline martine "for parliment to debate the main principles throughouly, but leave the deat to be fill in by those who have expert knowledge" * **road traffic act 1972** - motor cyclists have to wear helmants

Answer 28

* offers flexability in that it can be amended to meet changing circumstances * county cournt fee order 1999 was ameded in 2002 * can be amended or revoked easily * makes the law up to date * laws can meet future needs

Answer 29

* can be made at any time * different from acts as they have to have a timeline * rapid action to be taken in times of emergency (**food protection order 1986**) - came into effect less than two hours * alloes acts to be implemented peice by peice

Answer 30

* by laws * statutory instruments * orders in counicl

Answer 31

* made by local councils - county councils do for country and town councils for town * many invole traffic control * can be made by public corporation - aeroplane standars * banning drinking in public places

Answer 32

* made by government ministers to implements the provisions made in acts of parliment * usally to add details to a peice of primary legislation , tend to affect the whole country * around 3000 made a year * **dangerous dogs act 1991** * **mimimum wage** * can be short and changed anunally * **police stop and search**

Answer 33

* laws passed by the privy council (also king) - group of senior politicions * are allowed to make laws without the need for the whole parliment * passes in time of emergency - **emergency powers act 1920** * transfering responsiability between government - when ministry of justice was created * foreign affairs

Answer 34

* parliammentary control * judicical contorl

Answer 35

* cheks on the enabling act * resolution procedures * scrutiny committees and questioning ministers

Answer 36

* parliment has intial control over power of delegated * enabling act sets out the limits within DL * parliment can repeal the power in an act at any time * FOR EXMAPLE * which gov ministers can make regulations * type of laws made and wether they can be for the whole country * wether the gov deperment must consult other people first

Answer 37

* **negative resolution** - subject to a negative resolution - meaning the relevant statutory instruments will become law inless rejected by parliment within 40 days (parliment agree by silence) * **affirmative resolution** - a small number of staturotry instruments will be subject to an affirmative resolution, it wont become a law unless parliment approves it within 40 days , written clearly in an enabling act * **super affirmative resolution** - when DL is made under the legislative and regulatory reform act 2006, where ministers are given greaten control to amend acts of parliment

Answer 38

* **questioning the government ministers** - parliment can question gov minusters in debates in the commons about what their department are working on * **comittees** looked at by joint committee , they review statutory instrumnets and can decide if they need further consideration if; * .1. it apperas to have retrospective effect which was not provided for by the enabling act * .2. it appears to have gone beyond the powers given under the enbaling act * .3. it makes some unusal or unexpted use of power * .4. it is unclear or defective * .5. it imposes a tax or change - only an elected body can do this

Answer 39

* **.+.** effective as the committee are able to check a number of statutory instuments **.-.** however due to a number they cant look at all of them * **.+.** any inappropriate provisions can be bought to a ttention the house before the committe stage * **.-.** the review is only a technical one, limted to reporting back, they cannot alter regulations or stop them * **.-.** time consuming, relies on time being allocated * **.-.** only a few are looked at in detail, no strict requirment

Answer 40

* to report wether the provisions of any bill inapropaty delegate legislative power, or wether the exercise of legislative power is subjective to an inaproriate area degree of parliment * can consider bull when they are introducted into laws * memoradum is provided for each bill, identifying each deligation * committee recomendations are made in reports to house of laws, usally before start of commiitee stage

Answer 41

* where a case is taken to court by a person within sufficent standing or interest in the case * judical review can be made on the following grounds; * ultra vires * incorrect procedure * unreasonable

Answer 42

* means beyond powers * if the DL is held by court to be 'ultra vires' it will be void and have no effects * **r v home secretary ex fire brigades union** - home secratory went past his delegated powers and changed the compensation scheme if fire fighters were injured

Answer 43

* if the correct procedure wasnt followed when passing the DL then it will also be ultra vires * **aylesbury mushrooms** - minister of labour failed to consult mushroom growers association which reporisented 85% of mushroom growers * **r v secratary state of education and emplyment** - education department decided to pick what access to higher rates they had , gave 4 days for teachers to decide and didnt consult anyone

Answer 44

* if a decision was made unreasbale then it will also be overturnt * **r (rogers) v swindon nhs trust** - wouldnt give a women with breats cancer a drug to help and you could get it in other hospitals and there wa sno reaosn for him to do this

Answer 45

* **.+.** an individual or body has the ability to challange DL * **.-.** * dependant on each case * the perosn amking the chanllange has to be directly challanged * action must take place within 3 months of the decision being made * no state funding or legal aid

Answer 46

is the way that lawyers and judges interpret acts of parlimant

Answer 47

* a broad term * an ambiguity (changes in the use of language) * new developments (technology) * a drafting error

Answer 48

* meanings of words may be unclear because they are desgined to cover several possabilities * **dangerous dog act 1991** - "any dog of the type known as pitbull terrior"

Answer 49

* word has two or more meanings - may not be clear with which one to choose * if defending you want to find the ambiguity * **r v kelly** - is a poker game a game of chance or skill, do they need the lisence * **coombes v dpp** - are you done for speeding if the sign isnt visable

Answer 50

* have to cope with the future and future events can be unexpected * a draftsman ability to anticipate the future is limited * **r v whitely** how can a computer hacker cause damadge if a file is tangiable (criminal damadge act 1961)

Answer 51

just an error

Answer 52

* the literal rule * the golden rule * the mischeif rule * the purposive approach

Answer 53

* been the main rule since the 19th cent * a judge will give their plane, ordinary or literal (dicitonary) meaning * even if it is not sensible * **r v judge of the city of london court** * "if the words of an act are clear then you must follow them, even though they manifest to absurity"

Answer 54

* **cheeseman v dpp** - public health acts amedmanst 1907 * charged with getting his penis out in toilet (as it was a street) * street is somewhere local authority controls * **fisher v bell** - restricition of offensive weapons act 1959 * charged with having a flick knife with a price * in contract it said it was an invitation not offer * **whiteley v chappell** * illegal to impersinate someone who could vote * found not guilty as a dead person cant vote * **london and north easton railway co v berriman** - fatal accidents act * husband died while oiling the track * wife wanted comensation, but didnt get it as it wasnt "maintance"

Answer 55

* **follwing the democratic rules from parlimant** - prevents unelcted judges making rules * **makes the law more certain** - make it easier for lawyers and public to interpret law * **focuses on parlimant** - forces them to be clear and consider their wording * **resepcts seperation of power**

Answer 56

* **assumes all acts will be drafted perfectly** - dangerous dog act 1991 - used word type of dog and should have used breed * **when the law is drafted it is not possible to cover all situations that could happen** - whitely v chapell * **words can have more than one meaning** * **can lead to unfair decisions** - london railway v berriman * **can demand unrealistic perfection**

Answer 57

* modifcation of the literal rule * starts by looking at the literal meaning * judge is allowed to avoid it if it will lead to an absurd result * two views of how to use it ; * **narrow application** - are allowed to choose which meaning to use * **wider application** - word has one meaning but would lead to an repugant situation (not allowed)

Answer 58

* allowed to choose which meaning to choose * defintion comes from **jones v dpp** - "if has more than one you must choose" * **alder v george** - the offical secrets act 1920 * offence to abstruct army in prohibted place

Answer 59

* if the word has one clear meaning but will lead to a repugant situation a judge must modify the words * **re sigsworth** - administration of estate act 1925 * if there is no will the estate will go to next of kin * son murdered mother to get house as she had no will * used the golden rule so he didnt get the house * **r v allen** - offence against the person act 1861 * tried to maryr neice of wife who he was still amrried to * "could not maryr until 1st marrage was done" * argued that the 2nd marrage was technically real * interpreted "shall marry" as going to the alter so guilty

Answer 60

* **respects the exact words of parlimant in limited situation** - allows judges to pick most sensible outcome - **r v allen** * can provide sensible decisions in cases where the literal rule woild lead to repugant situations - **re sigsworth**

Answer 61

* **very limited for its use so only used on rare ocassions** - not always possible to predict when the court will use the golden rule * **micheal zander described it as 'feeable parachute'** - its an eascape rote but doesnt do very much

Answer 62

* gives judge more discretion when interpreting legislation * the court should look to see what the law was before the act to discover what gap the act was intent to cover * defintion come from **heydones** - questions to consider * .1. what was the common law before the making of the act? * .2. what was the mischeif and defect for which the common law did not provide? * .3. what was the remedy the parlimant hath resolved and appointed to cure the disease of the common wealth * .4. the true reason for the remedy

Answer 63

* **smith v hughes** - street offences act 1959 * women werent on the street but on their balcany calling for men * judge interprated and said they were guilty * **royal college of nursing v dhss** - abortion act 1967 * pregancy should be terminated by doctors (what about new drugs) * looked at previous law and saw the amount of illegal abortions * any trained medical proffesion could now do it * **dpp v bull** - street offence 1989 * arrested for getting prostotutes from the street * law only applied to women * not guilty * **eastbourne bc v stirling** - illegal for taxi driver to ply on street without licence * got arrested on taxi rank, argued it was private land * look at other laws and decided guilty

Answer 64

* **promotes the purpose of the law** - allows judges to look back at the gap of the law and what it was designed to cover * more likly to produce a just result as seen in smith v hughes * **the law commision prefers this rule**

Answer 65

* **risk of judical law making when this rule is used** * **the split decisions of the law lords royal college of nursing v dhss** * shows that not all seniour judges agree on the rule * **may lead to uncertiany in the law** * **not as wide as the purposive approach as it is limited to looking back at the gap at the old law**

Answer 66

* court is not just looking at the meaning of the individual words, but look at what they think parlimant wanted to achieve * should judges refuse to follow clear words from parliment and how do they know what parlimany intended * judges shouldnt be making laws

Answer 67

* **magor and st mellons v newport corporation** - "we sit here to find out the intention of parlimaent and then we fill the gaps in" * **r v quintavile v sos for health** - human embryology and fertilisation act 1990 * gives the defintion as "live embreyo" * parlimant would not have known about CNR when the act was passed * **r v registrar general , ex parte smith** - adoption act 1976 - shall get info from before they were adopted * convicted of mruder and needed to give past info * scared for his birth mother so judges decided he didnt need to say * **jones v tower boot co** - race relations act 1997 * victum of racial abuse but employer argued was in work place * judges couldnt let them get away with this * liable of abuse

Answer 68

* **in all case examples justice was achieved** * **judges cant take into account of new techniology** * **judges fill in any gaps parlimant could have left out **

Answer 69

* **undemocratic judges are intepertaing laws** * parlimant should make the act clear so that the judges do not get the blame when used wrong * **extremely time consuming** * hansard and government stataments have to be studied * **litigation is notoursly uncertain and expensive** * legal advice is difficult bc lawyers wont know until the final judgment

Answer 70

* there are a number of places that judges can look to give them guidance on the meaning of words in an act * two types * intrinsic * extrinsic

Answer 71

* **sources within the act** * a judge can consider short or long tutle and the preamble of the act * uses statues to help find the meaning * older statues have sections setting out parlimants intensions * modern ones dont have one or very brief * long title explains parlimant intentions brieflyshort titles define certain sections

Answer 72

* items outside an act which will help a judge find meaning of words * any pre-legislative documents * green/white paerpes * any previous acts * dictionaries * **hansard, internal traties, law commisions reports, interpration act 1978**

Answer 73

* offical reports of what parlimant have said (speeches) * **pepper v hart** - house of lords relaxed the previous rule of you couldnt look at previous parlimantry discussions * ruled that hansard can only be used when words are ambiguious

Answer 74

* law reform agencies were not allowed hower the rule was relaxed * **black cawson case 1975** - relaxed the rule

Answer 75

* **fothergill v monarch airlines ltd** - decided it should be used as it is posssible that in translation, the orginal meaning could be lost * alos allowed to used prepartionary materials published as other countries also do this

Answer 76

* provides defitions for certain words that are frequently used * 'land' - buildings or other structures, land convered in water * 'month' - means calander month * sets basic rules * 'he' - he or she * also provides; * .1. words importing the masculine gender include femine * .2. words inporting femine gender include masculine * .3. words in singular include plural

Answer 77

* independant body set up by parlimant by the law commision act 1965 * review english law * proposes changes that will make the law **simplier, more accesable, fairer, modern and more cost effective** * choose an area to look at and then requet for the changes * 15-20 parts will be under review * every 3 years they review new projects * 66% recomendations have been enacted *** family law reform act** *** child act** *** computer misuse act** * still some major areas that need reviweing particulary non-fatal and fatal criminal offences

Answer 78

* purposive approach is the preffered rule in european countries * used in eu court * now the purposive approach is more popular * when uk joined the eu it affected all our courts as judges did not use the purposive approach * 'treaty of rome' - all memebrs of the eu must take all appropriate measures * **factortame case** - showed supremacy of eu law over uk law , spainish fishing boats allowed to fish in uk

Answer 79

* allows uk citzens to challange government in uk court (not eurpean court) * get the law from the european convention of human rights * right to a fair trial, right to live, freedome of speech * **section 3** * where there is a case regarding one of the protected rights, legislation must be read in a way that is compatiable with rights * gives judges more power to interprate laws so we dont break human rights * **ghaidan v godin-mendoza** * d had long term homosexual relationship * bf died and d wanted the house but landord said no - correct under rent act * judge reinterprated the law to allow same sex parnters the same rights

Answer 80

* the uk legal system is based on the idea that deciision which judges make in cases are then followed by other judges (binding) in other cases

Answer 81

* deciison must be followed

Answer 82

legal rules from cases

Answer 83

stand by what has been decided

Answer 84

reasons for decisions binding outcome

Answer 85

other things said not binding

Answer 86

* although the gerneral rule is that all courts must follow precedent (stare decisis) * there are some situstions where you can avoid it

Answer 87

* a debate wether the supreme court should be allowed to depart from its own past * orignial view - judges should be bound from these decisions (caused problems) * **london street tramways v london county council** - "it is not competeant for us to rehear and reargue a question which already has an awsner" * deciceded certainity in the law was more important than individual harship

Answer 88

* this is used when they can depart from their own past decisions (not used often at the start) * ***1968*** **conway v rimmer** * first case where practice statement was used and only related to a techincal point * judges were reluctant to use it still * ***1972*** **B R board v herryington** * duty of care owed to a child trespasser * first major use of pratice statement * overuled old decision bc they felt that social and physical condistions had changed since the last case * ***1986*** **r v shivpuri** * first use in a criminal case * chnage of the law of impossibility * ***2003*** **r v g and r** * law on criminal damadge change *

Answer 89

* the seperate divisons do not bind eachother * the civil diviison can depart from its own decsions by using the case - **young v bristol aeroplane** * can only depart if; * .1. there are 2 conflicting past decesions, the court can choose which one to follow - **spratt and savage** * .2. decision of supreme court which overule court of appeals decision - **davis v johnson** * .3. the decision was made per incuriam - **williams v fawett** * additional one in criminal division is if the law was misunderstood or misused -**r v gould**

Answer 90

* .1. distinguishing * .2. overrulling * .3. reversing

Answer 91

* where the facts are considered to be sufficiently different from previous case * **balfour v balfour** - tried to sue husband for breach of contract, not held as merely domestic. different decision in **merrit v merrit** *

Answer 92

* a court in a later case decides that a legal decision in an earliar case is wrong * a high court can over rule a decision made in a lower court * **pepper v hart** - house of lords used hansard and overuled the decision from a previous case so it wasnt use

Answer 93

* this is where a court higher up reverse the decision of a lower court on appeal in the same case

Answer 94

* **certainty** * as they are following pass decisions people know what the law is and how it will be applied * allows lawyers to advise their clients * allows buisness to undertsand laws that apply to them * **consitency** * just and fair is similar cases are treated the same * makes the law more credable * **rules for other judges to follow** * better for judges so they do not have to rely on parlimant * **flexibitly** * there is room for the law to change with society as the supreme court can use practice statement to overrule * **timesaving** * once a law is in place everyone can find it and use it * saves lawyers time on how to advise their clients

Answer 95

* **rigidity** * the law can be to inflexable and previous bad decision may be contrinued bc * lower courts have to follow higher * coa has to follow its own * supreme court only hears few cases * **complexity** * nearly half a million reported cases * difficult to find relvant case law * very long and not clear * **illogical distinctions** * distingusihing can lead to hairsplitting so some parts of law become even more complex * differences can be tiny * **slowness of growth** * judges cant make desicions unless a case come before the courts to be decided * long wait

Answer 96

* original * binding * persuasive

Answer 97

* when their is no previous judical decesion * the new decision will be made and will not look at anything else * **airedale nhs trust v bland** - house of lords established a lasting precedent about the careof patients in comas

Answer 98

* a previous decesion will be binding on a court if; * the previous decision was made by higher court * the facts of the previous case are similar * the legal question being dealt with is the same as the previous case

Answer 99

* where a decision judge is not obliged to follow but the decision is influential as it offers useful guidance * previous decisions will be persuasive on court if; * ratios from decsions in court * decsions from other jursudictions e.g diff countires * dissenting judgements * decisions from privy shot

Answer 100

* **.1. courts lower in heirarchy** * **r v r** - house of lords followed same as court of appeal with men being guilty of raping their wifes * **.2. decisions of judcial committee of the privy council(not binding)** * **wagon mound** - a decision from house of lords which is well respected in tort law * **.3. statements made obiter dicta** * **r v howe** - duress cant be a defence for murder and obiter dicta for attemtped murder * **.4. a dissenting judgement** * where a case is not decided unanimously * judges who have to tell their reasoning then other judges may agree * **.5. decisions of courts in other countries** * where countries have the same common law as us

Answer 101

* **bound by** - all courts below it * **bind itself?** * In what extent to which should the supreme court follow its own pass decisions * **London street tramways v london county council** - decided certainty in the law by following a past decision was more important that preventing individual hardship * It is completely bound by its past decisions unless the decision had been made per incuriam * It was felt that the highest court of appeal should have greater flexibility in its decision making * Practice statement - **london street tramways v london county council** - allowed them to depart from a previous decision when it appears right to do so * Practice statement in criminal law - criminal law needs to be certain and they should not use it in criminal cases

Answer 102

* **bound by** all lower courts * **binds itself** * **civil** * The first rule is that one decision by one division will not bind the other division * Rule comes from the case **young v bristol aeroplane co, ltd** * The only expectations allowing the court of appeal to depart from previous decisions where; there are conflicting decisions in past court cases , there is a decision of the supreme court that overrules , the decision was made per incuriam * Instances of per incuriam - **williams v fawcett** - the court of appeal to follow previous decisions of their own based on a misunderstanding from county court rules

Answer 103

* **bind by itself?** * As well as using the expectations from young case, can also refuse to follow a past decision of its own if the law has been misunderstood * **R v simpson** - a five judge panel, over ruled the previous judges decisions as the law had been misunderstood

Answer 104

* **bound by who** * county * magistrates

Answer 105

* **bound by who** * possibly magistrates

Answer 106

* **bound by who?** * does not create precedent and are bound by higher courts