law paper 2 section A (25%) Flashcards
1
Q
What is a private members bill
A
a bill put forward by one MP
2
Q
What is the minute rule on a private members bill
A
10 minute rule
3
Q
Give an example of the private members bill
A
Abortion act 1967
4
Q
What is a private bill
A
A bill affecting a specific group person or area
5
Q
Give an example of a private bill
A
White haven harbour act
6
Q
What is a public bill
A
A bill affecting the majority of the country
7
Q
Give a example of a public bill
A
Theft act
8
Q
What is a hybrid bill
A
A bill affecting the whole country but also a specific area more than others
9
Q
Give an example of a hybrid bill
A
HS2
10
Q
Describe the process of the flow of a bill
A
Green paper White paper first reading second reading committe stage report stage third reading other house royal assent
11
Q
What happens in the green paper
A
an idea or proposal made by a minister with a speacialist interest in the matter
12
Q
What happens at white paper
A
firm proposal
13
Q
what happens at first reading
A
the bills aims and titles are read out
14
Q
what happens at second reading
A
main debates happen with a vote
15
Q
what happens at committee stage
A
16-50 MP’s examine the bill line by line
16
Q
what happens at report stage
A
The committee report back any ammendments made
17
Q
what happens at third reading
A
More of a formality with a debate and any other ammenndments
18
Q
what happens at other house
A
the same from first reading
19
Q
What happens at royal assent
A
The queen passes the bill into an act. She cant say no due to the royal assent act
20
Q
What are the advantages to law making
A
Democratic. Full reform. Broad policy and Consultation
21
Q
What are the disadvantages to law making
A
Lack of time. Long process. Government control and Complexity
22
Q
What are the three types of del leg
A
Bylaws. Statutory instruments and Orders in council
23
Q
What are bylaws
A
laws made in a local area to combat a specific issue or problem
24
Q
Give an example of a bylaw
A
Parking restrictions on the high street. Train companies can have their own bylaws
25
What are statutory instruments
Theyre made by government ministers who have a specialist interest in the matter
26
Give an example of a statutory instrument
road traffic act 1988
27
what are orders in council
They are laws made by the queen or the privy council in times of emergency
28
Give an example of orders in council
Civil contigencies act 2001
29
What are the controls on del leg
Judicial review. Parent or enabling act. Negative reolution. Affirmative resolution and Scrutiny committee
30
Describe judicial review
Person/group make the challenge. If its won it goes to ultra vires If its lost they lose their money and nothing happens
31
what are the three types of ultra vires
procedural substantive and unreasonable
32
What is procedural ultra vires
It goes against the procedure in the enabling act
33
What is substantive ultra vires
it goes beyond the power of the enabling act
34
what is unreasonble ultra vires
It is an unreasonable or ridiculous procedure/policy
35
What is negative resolution
Where a bill is automatically passed after 40 days in parliament
36
what is affirmative resolution
Where the bill must be accepted and approved by parliament or it doesnt move
37
What is the scrutiny committee
A group of ministers who analyse bills again but cant make any amenndments. Can only bring errors to houses' attention
38
What is the literal rule
PLOD plain literal ordinary dictionary meaning of words in the act are used
39
Who supports the literal rule
Lord esher
40
Give three examples of the literal rule with key words
R v Basset "Breasts" LNER v Berrimen "Relaying or repairing" Cheeseman v DPP "passenger"
41
What is the golden rule
It bypasses the literal rule if the literal rule produces an absurd result so the court can give a substitute meaning to the relevant statute
42
What is the narrow approach
Where words have multiple meanings and choosing the relevant meaning
43
Give an example of the narrow approach
R v Allen "Marriage"
44
What is the broad approach approach
Where the one meaning of the word leads to an absurdity so it is bypassed
45
Give an example of the broad approach
Re v Sigsworth "son murdered mother"
46
Name one more example of the golden rule
Adler v George Obstructing a military officer
47
Who supports the golden rule
Lord Wensleydale
48
What is the mischief rule
Where the courts try to find out why parliament made the relevant statute and enforce the reason
49
Give three examples of the mischief rule
Smith v Hughs "prostitutes in the windows" Elliot v Grey "uninsured car left on road" Corkery v Carpenter "Bicycle while drunk classed as a carriage"
50
What are the influences on law reform
Political influences (government) Public opinion (the public) Pressure groups(cause/sectional Waspis) Lobbyists(Lobby at Parliament) Judges(Judges) Media( online petitions)
51
What is the purposive approach
It looks beyond the the mischief rule and fills the gap in the law. Judges decide what parliament was meant to achieve
52
Who supports the purposive approach
Lord denning
53
Give three examples of the purposive approach
R v Registrar general ex parts smith 1990, Fitzpatrick v Sterling house association 1999 and Ghaidon v Govin-Mendoza 2004
54
What does ejusdem generis mean
A general word takes its meaning form the more specific words on the list (other)
55
What does expressio unius exclusio alterius mean
Where there is no other catergories the express terms on the list are included, all others are excluded
56
What does Noscitur A Sociis mean
A word is known by the company it keeps, social company of the word
57
Example of Ejusdem Generis
Powell v kempton park racecourse 1898
58
Example of Expressio unius exclusio alterius
Tempest v Kilner
59
Example of Noscitur a sociis
Muir v Keay
60
What are extrinsic aids
Things outside of an act used to help gain understanding of an act
61
Give 4 examples of extrinsic aids
Oxford dictionary, Hansard, law commissions and leading academies
62
What are intrinsic aids
Things found within an act that help judges to gain an understanding of the purpose of the act
63
Give 6 examples of intrinsic aids
Titles, marginal notes or headings, preamble, punctuation, interpretation sections and schedules
64
What does the literal rule encourage parliament to do
Create more precise legislation Fisher v bell
65
What is the effect of parliament creating more precise legislation
It closes loopholes
66
What does the literal rule respect
The doctrine of separation of powers and parliamentary sovereignty
67
What can the literal rule lead to
Harsh or u just results against the intentions of parliament
68
Give an example of a harsh result from the use of the literal rule
LNER v Berriman
69
What does the literal rule expect from parliamentary draftsman
An impossible level of perfection
70
What does the literal rule ignore
The limitations of language
71
What does the golden rule respect
Parliamentary sovereignty
72
Why is the golden rule better than the literal rule
Because judges can choose the correct and most suitable meaning of words
73
What can the golden rule lead to in repugnant situations
Reasonable decisions
74
Why don’t judges know when to use the golden rule
There are no real guidelines for it
75
Why is it only used on rare occasions
Because it has limited use
76
Why is it difficult for lawyers to advise clients in relation to the golden rule
They don’t know when judges and courts are going to use the golden rule
77
What does the mischief rule hope to avoid from literal rule interpretations
Absurdity’s
78
What does the mischief rule promote
Flexibility
79
How does the mischief rule respect parliamentary sovereignty
It offers and alternative to the literal and golden rule
80
What is the law commissions preferred method of interpretation
The mischief rule
81
What is there a risk of with the mischief rule
Judicial law making
82
What do judges not always agree on with then mischief rule
What gaps should be filled
83
What can the mischief rule lead to in the law
Uncertainty
84
What does the mischief rule go against
Parliamentary sovereignty and democracy
85
Where is the purposive approach more useful
When there is new technology that was unknown during the time the act was written
86
What does the purposive approach lead to more of
Just decisions in individual cases
87
What can the purposive approach cause
Uncertainty when a judge changes the meaning of a statute
88
What are judges refusing to use if they use the purposive approach
The clear literal words of parliament
89
What does the purposive approach not respect
Parliamentary sovereignty and democracy
90
What does the purposive approach assume
That parliament had only one intention
91
What does Ejusdem Generis mean
A general word takes its meaning from the more specific words on the list
92
Give an example of Ejusdem Generis
Powell v Kempton Park Racecourse 1899
93
What does Expressio unius exclusio alterius mean
Where there is no other categories, the express terms on the list are included, all others are excluded
94
What does Noscitur A Sociis mean
A word is known by the company it keeps, social company of the word
95
Give an example for Expressio unius exclusio alterius
Tempest v Kilner
96
Give an example for Noscitur A Sociis
Muir v Keay
97
What are extrinsic aids
Things outside of an enactment that aid in its understanding
98
Which physical book is an extrinsic aid
The Oxford English Dictionary
99
Which act is classes as an rextrinsic aid
The interpretation act 1978
100
Which H report is an extrinsic aid
The Hansard report
101
What are intrinsic aids
Things within an enactment that aid in its understanding
102
What is at the start of an act that is an intrinsic aid
Long and short titles
103
Which intrinsic aid is more commonly used in older statutes
The preamble
104
What P is an intrinsic aid within the writing of an act
Punctuation
105
What kind of notes are intrinsic aids
Marginal notes and headings
106
What is a binding precedent
A decision made in a earlier case that must be followed in the future
107
What is original precedent
A decision on a point of law that had never been decided before
108
What is persuasive precedent
A decision that does not required to be followed in later cases but judges can choose to
109
What is ratio Decidendi
This is the reason a judge gives for their decision
110
What is Stare Decisis
The foundation of judicial precedent
111
What is Obitur Dicta
Everything else that formates a judges judgement
112
What is overruling
Where a court revises an old cases decision and decides that it is wrong
113
What is distinguishing
A method how a judge avoids needing to follow a binding precedent
114
What are the divisions of the high court
Queens bench, Chancery division and the family division
115
Which court is at the lowest level
Magistrates court
116
Which court is at the top level
Supreme court
117
Which set of courts do you go to to appeal a decision
The appellates court
