Law Reform Flashcards

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1
Q

What is meant by law reform

A

To change the law to hopefully make it better

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2
Q

Why do we need to reform the Law

A

Law to be outdated
Law may be unclear
People may be calling for a change

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3
Q

What can influence law making and reform

A

The media
Law commission
Political influence
Pressure groups

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4
Q

Describe political influences

A

Parties public manifestos setting out ideas in a bid to get votes
Private members bill,alternative of bringing about a new law

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5
Q

Describe public opinion

A

Tv,radio,magazines,social media
Outlets bring out public opinion to government attention

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6
Q

Describe pressure groups

A

Groups with a particular interest
Bring important matters to attention of public and government
Represents 1 group in society and their interests
E.g WWF,green space,Oxfam

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7
Q

Describe lobbyists

A

Lurk in the lobby of Houses of Parliament to try persuade commission

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8
Q

Describe the law commission

A

Independent group of legal experts who find problems within law and research how to fix problems,they propose changes to parliament

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9
Q

Who created the law commission

A

Law Commissions act 1965

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10
Q

Who are the law commission

A

The chair-high court judge or appeal court judge appointed by chancellor + secretary of justice for up to 3 years

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11
Q

Who are the other 4 commissioners

A

Experienced judges,barristers,solicitors or teachers of law
Appointed by lord chancellor+ Secretary of State justice for up to 5 years

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12
Q

Who are the chief executive + personnel

A

Commissioners supported by a chief executive and about 20 members of government legal service,two parliamentary counsel and a member of research assistant

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13
Q

Who else is involved in the commission

A

One or two non executive board members

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14
Q

What does law commission do
S3 of the law commission act says that law commission duty is to

A

Review all areas of law and reform it by:
Codifying the law
Consolidating the law
Repealing the law

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15
Q

What is meant by codifying the law

A

Bringing all law on one large area of legal law together into one legal code

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16
Q

Give an example of law commission trying to codify an area of law

A

1985 law commission proposed a criminal code that brings together all criminal offences e.g homicide,fraud,genocide,robbery
But no gov ever implemented the full code

17
Q

What is meant by consolidating the law

A

Bringing all law on one smaller area of law together into one act

18
Q

Give examples of how the law commission have tried to consolidate an area of law

A

-1998 the LC proposed a new bill on non fatal offences by bringing together all statute and case law in this area .still never implemented
-one success was the family law act 1996 tied together multiple laws on divorce and domestic violence

19
Q

What is meant by repealing a law

A

This means getting rid of laws that are no longer needed

20
Q

How successful have law commission been at getting repeals implemented

A

Parliament have passed 19 statute law acts due to LC recommendations repealing over 3000 acts