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Mine > law paper 2 section A (25%) > Flashcards

law paper 2 section A (25%) Flashcards

1
Q

What is a private members bill

A

a bill put forward by one MP

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2
Q

What is the minute rule on a private members bill

A

10 minute rule

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3
Q

Give an example of the private members bill

A

Abortion act 1967

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4
Q

What is a private bill

A

A bill affecting a specific group person or area

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5
Q

Give an example of a private bill

A

White haven harbour act

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6
Q

What is a public bill

A

A bill affecting the majority of the country

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7
Q

Give a example of a public bill

A

Theft act

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8
Q

What is a hybrid bill

A

A bill affecting the whole country but also a specific area more than others

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9
Q

Give an example of a hybrid bill

A

HS2

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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

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11
Q

What happens in the green paper

A

an idea or proposal made by a minister with a speacialist interest in the matter

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12
Q

What happens at white paper

A

firm proposal

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13
Q

what happens at first reading

A

the bills aims and titles are read out

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14
Q

what happens at second reading

A

main debates happen with a vote

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15
Q

what happens at committee stage

A

16-50 MP’s examine the bill line by line

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16
Q

what happens at report stage

A

The committee report back any ammendments made

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17
Q

what happens at third reading

A

More of a formality with a debate and any other ammenndments

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18
Q

what happens at other house

A

the same from first reading

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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

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20
Q

What are the advantages to law making

A

Democratic. Full reform. Broad policy and Consultation

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21
Q

What are the disadvantages to law making

A

Lack of time. Long process. Government control and Complexity

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22
Q

What are the three types of del leg

A

Bylaws. Statutory instruments and Orders in council

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23
Q

What are bylaws

A

laws made in a local area to combat a specific issue or problem

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24
Q

Give an example of a bylaw

A

Parking restrictions on the high street. Train companies can have their own bylaws

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25
Q

What are statutory instruments

A

Theyre made by government ministers who have a specialist interest in the matter

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26
Q

Give an example of a statutory instrument

A

road traffic act 1988

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27
Q

what are orders in council

A

They are laws made by the queen or the privy council in times of emergency

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28
Q

Give an example of orders in council

A

Civil contigencies act 2001

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29
Q

What are the controls on del leg

A

Judicial review. Parent or enabling act. Negative reolution. Affirmative resolution and Scrutiny committee

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30
Q

Describe judicial review

A

Person/group make the challenge. If its won it goes to ultra vires If its lost they lose their money and nothing happens

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31
Q

what are the three types of ultra vires

A

procedural substantive and unreasonable

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32
Q

What is procedural ultra vires

A

It goes against the procedure in the enabling act

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33
Q

What is substantive ultra vires

A

it goes beyond the power of the enabling act

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34
Q

what is unreasonble ultra vires

A

It is an unreasonable or ridiculous procedure/policy

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35
Q

What is negative resolution

A

Where a bill is automatically passed after 40 days in parliament

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36
Q

what is affirmative resolution

A

Where the bill must be accepted and approved by parliament or it doesnt move

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37
Q

What is the scrutiny committee

A

A group of ministers who analyse bills again but cant make any amenndments. Can only bring errors to houses’ attention

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38
Q

What is the literal rule

A

PLOD plain literal ordinary dictionary meaning of words in the act are used

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39
Q

Who supports the literal rule

A

Lord esher

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40
Q

Give three examples of the literal rule with key words

A

R v Basset “Breasts” LNER v Berrimen “Relaying or repairing” Cheeseman v DPP “passenger”

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41
Q

What is the golden rule

A

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

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42
Q

What is the narrow approach

A

Where words have multiple meanings and choosing the relevant meaning

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43
Q

Give an example of the narrow approach

A

R v Allen “Marriage”

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44
Q

What is the broad approach approach

A

Where the one meaning of the word leads to an absurdity so it is bypassed

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45
Q

Give an example of the broad approach

A

Re v Sigsworth “son murdered mother”

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46
Q

Name one more example of the golden rule

A

Adler v George Obstructing a military officer

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47
Q

Who supports the golden rule

A

Lord Wensleydale

48
Q

What is the mischief rule

A

Where the courts try to find out why parliament made the relevant statute and enforce the reason

49
Q

Give three examples of the mischief rule

A

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
Q

What are the influences on law reform

A

Political influences (government) Public opinion (the public) Pressure groups(cause/sectional Waspis) Lobbyists(Lobby at Parliament) Judges(Judges) Media( online petitions)

51
Q

What is the purposive approach

A

It looks beyond the the mischief rule and fills the gap in the law. Judges decide what parliament was meant to achieve

52
Q

Who supports the purposive approach

A

Lord denning

53
Q

Give three examples of the purposive approach

A

R v Registrar general ex parts smith 1990, Fitzpatrick v Sterling house association 1999 and Ghaidon v Govin-Mendoza 2004

54
Q

What does ejusdem generis mean

A

A general word takes its meaning form the more specific words on the list (other)

55
Q

What does expressio unius exclusio alterius mean

A

Where there is no other catergories the express terms on the list are included, all others are excluded

56
Q

What does Noscitur A Sociis mean

A

A word is known by the company it keeps, social company of the word

57
Q

Example of Ejusdem Generis

A

Powell v kempton park racecourse 1898

58
Q

Example of Expressio unius exclusio alterius

A

Tempest v Kilner

59
Q

Example of Noscitur a sociis

A

Muir v Keay

60
Q

What are extrinsic aids

A

Things outside of an act used to help gain understanding of an act

61
Q

Give 4 examples of extrinsic aids

A

Oxford dictionary, Hansard, law commissions and leading academies

62
Q

What are intrinsic aids

A

Things found within an act that help judges to gain an understanding of the purpose of the act

63
Q

Give 6 examples of intrinsic aids

A

Titles, marginal notes or headings, preamble, punctuation, interpretation sections and schedules

64
Q

What does the literal rule encourage parliament to do

A

Create more precise legislation Fisher v bell

65
Q

What is the effect of parliament creating more precise legislation

A

It closes loopholes

66
Q

What does the literal rule respect

A

The doctrine of separation of powers and parliamentary sovereignty

67
Q

What can the literal rule lead to

A

Harsh or u just results against the intentions of parliament

68
Q

Give an example of a harsh result from the use of the literal rule

A

LNER v Berriman

69
Q

What does the literal rule expect from parliamentary draftsman

A

An impossible level of perfection

70
Q

What does the literal rule ignore

A

The limitations of language

71
Q

What does the golden rule respect

A

Parliamentary sovereignty

72
Q

Why is the golden rule better than the literal rule

A

Because judges can choose the correct and most suitable meaning of words

73
Q

What can the golden rule lead to in repugnant situations

A

Reasonable decisions

74
Q

Why don’t judges know when to use the golden rule

A

There are no real guidelines for it

75
Q

Why is it only used on rare occasions

A

Because it has limited use

76
Q

Why is it difficult for lawyers to advise clients in relation to the golden rule

A

They don’t know when judges and courts are going to use the golden rule

77
Q

What does the mischief rule hope to avoid from literal rule interpretations

A

Absurdity’s

78
Q

What does the mischief rule promote

A

Flexibility

79
Q

How does the mischief rule respect parliamentary sovereignty

A

It offers and alternative to the literal and golden rule

80
Q

What is the law commissions preferred method of interpretation

A

The mischief rule

81
Q

What is there a risk of with the mischief rule

A

Judicial law making

82
Q

What do judges not always agree on with then mischief rule

A

What gaps should be filled

83
Q

What can the mischief rule lead to in the law

A

Uncertainty

84
Q

What does the mischief rule go against

A

Parliamentary sovereignty and democracy

85
Q

Where is the purposive approach more useful

A

When there is new technology that was unknown during the time the act was written

86
Q

What does the purposive approach lead to more of

A

Just decisions in individual cases

87
Q

What can the purposive approach cause

A

Uncertainty when a judge changes the meaning of a statute

88
Q

What are judges refusing to use if they use the purposive approach

A

The clear literal words of parliament

89
Q

What does the purposive approach not respect

A

Parliamentary sovereignty and democracy

90
Q

What does the purposive approach assume

A

That parliament had only one intention

91
Q

What does Ejusdem Generis mean

A

A general word takes its meaning from the more specific words on the list

92
Q

Give an example of Ejusdem Generis

A

Powell v Kempton Park Racecourse 1899

93
Q

What does Expressio unius exclusio alterius mean

A

Where there is no other categories, the express terms on the list are included, all others are excluded

94
Q

What does Noscitur A Sociis mean

A

A word is known by the company it keeps, social company of the word

95
Q

Give an example for Expressio unius exclusio alterius

A

Tempest v Kilner

96
Q

Give an example for Noscitur A Sociis

A

Muir v Keay

97
Q

What are extrinsic aids

A

Things outside of an enactment that aid in its understanding

98
Q

Which physical book is an extrinsic aid

A

The Oxford English Dictionary

99
Q

Which act is classes as an rextrinsic aid

A

The interpretation act 1978

100
Q

Which H report is an extrinsic aid

A

The Hansard report

101
Q

What are intrinsic aids

A

Things within an enactment that aid in its understanding

102
Q

What is at the start of an act that is an intrinsic aid

A

Long and short titles

103
Q

Which intrinsic aid is more commonly used in older statutes

A

The preamble

104
Q

What P is an intrinsic aid within the writing of an act

A

Punctuation

105
Q

What kind of notes are intrinsic aids

A

Marginal notes and headings

106
Q

What is a binding precedent

A

A decision made in a earlier case that must be followed in the future

107
Q

What is original precedent

A

A decision on a point of law that had never been decided before

108
Q

What is persuasive precedent

A

A decision that does not required to be followed in later cases but judges can choose to

109
Q

What is ratio Decidendi

A

This is the reason a judge gives for their decision

110
Q

What is Stare Decisis

A

The foundation of judicial precedent

111
Q

What is Obitur Dicta

A

Everything else that formates a judges judgement

112
Q

What is overruling

A

Where a court revises an old cases decision and decides that it is wrong

113
Q

What is distinguishing

A

A method how a judge avoids needing to follow a binding precedent

114
Q

What are the divisions of the high court

A

Queens bench, Chancery division and the family division

115
Q

Which court is at the lowest level

A

Magistrates court

116
Q

Which court is at the top level

A

Supreme court

117
Q

Which set of courts do you go to to appeal a decision

A

The appellates court

Mine (11 decks)

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