Lawmaking (cases and legislation)

Question 1

What do the Parliament Acts of 1911 and 1949 do?

Answer 1

Allow bypassing the House of Lords to avoid rejection through ‘ping pong.’

Question 2

Which Act was passed using the Parliament Acts?

Answer 2

Hunting Act 2004 (banned fox hunting).

Question 3

What is a public bill?

Answer 3

A bill introduced by government ministers for the general population (e.g., LASPO 2012).

Question 4

What is a private members’ bill?

Answer 4

A bill introduced by MPs or Lords not in government (e.g., Abortion Act 1967).

Question 5

What is a private bill?

Answer 5

A bill affecting specific individuals or organizations (e.g., University College London Act 1996).

Question 6

What is the parent act for the Dangerous Dogs Act 1991?

Answer 6

Dangerous Dogs Act itself enables DL changes.

Question 7

What is an Order in Council?

Answer 7

DL made by the Privy Council in emergencies (e.g., Misuse of Drugs Act 1971).

Question 8

Which Act governs statutory instruments (SIs)?

Answer 8

Statutory Instruments Act 1946.

Question 9

What are by-laws?

Answer 9

DL made by local councils or organizations (e.g., Durham City Council drinking ban).

Question 10

What is procedural ultra vires?

Answer 10

DL made without following required procedures (e.g., Aylesbury Mushrooms).

Question 11

What is substantive ultra vires?

Answer 11

DL exceeding the powers granted (e.g., AG v Fulham Corporation).

Question 12

What is Wednesbury unreasonableness?

Answer 12

A decision so unreasonable no authority could justify it (e.g., Associated Provincial Picture Houses v Wednesbury Corporation).

Question 13

What is the literal rule?

Answer 13

Applying the exact words of the law (e.g., Whiteley v Chappell).

Question 14

What is the golden rule?

Answer 14

Modifying words to avoid absurd outcomes (e.g., Adler v George).

Question 15

What is the mischief rule?

Answer 15

Interpreting the law to address the problem it was meant to solve (e.g., Smith v Hughes).

Question 16

What is the purposive approach?

Answer 16

Looking at Parliament’s intention rather than the exact wording (e.g., R v Quintavalle).

Question 17

What intrinsic aids can help interpretation?

Answer 17

Titles, preambles, and interpretation sections (e.g., Abortion Act 1967 long title).

Question 18

What extrinsic aids can help interpretation?

Answer 18

Dictionaries, Hansard, and law reports (e.g., Cheeseman v DPP).

Question 19

What is ratio decidendi?

Answer 19

The legal reasoning behind a decision.

Question 20

What is obiter dicta?

Answer 20

Comments made by a judge that are not legally binding.

Question 21

What is binding precedent?

Answer 21

A precedent that lower courts must follow.

Question 22

What is persuasive precedent?

Answer 22

Precedent that may influence but is not binding.

Question 23

How can courts avoid precedent?

Answer 23

By distinguishing, overruling, or reversing decisions.

Question 24

What are the three exceptions for the Court of Appeal to avoid precedent?

Answer 24

Conflicting decisions, a higher court’s decision, or decisions made per incuriam (e.g., Young v Bristol Aeroplane).

Question 25

What is the role of the Law Commission?

Answer 25

Reviewing and recommending reforms for the law.

Question 26

What Act requires compatibility with the Human Rights Act 1998?

Answer 26

Section 3 of the HRA.

Question 27

What is a key reform Act for Brexit?

Answer 27

European Union (Withdrawal Agreement) Act 2020.

Question 28

What Act followed the Dunblane massacre?

Answer 28

Firearms (Amendment) Act 1997.

Question 29

Which report led to the Access to Justice Act 1999?

Answer 29

Woolf Report.

Question 30

What Act was passed during the COVID-19 pandemic?

Answer 30

Health Protection (Coronavirus) Regulations 2020.

Question 31

What did the European Communities Act 1972 establish?

Answer 31

EU law's supremacy over UK law.

Question 32

What case affirmed EU law's superiority over national law?

Answer 32

Costa v ENEL.

Question 33

What is direct effect in EU law?

Answer 33

EU laws enforceable by individuals in national courts (e.g., Van Gend en Loos).

Question 34

What is the Lisbon Treaty?

Answer 34

It gave the European Commission legislative initiative powers.

Question 35

What is the impact of the Factortame case?

Answer 35

The UK disapplied national law conflicting with EU legislation.

Question 36

What case established the 'neighbour principle'?

Answer 36

Donoghue v Stevenson.

Question 37

What case confirmed a duty of care to trespassers?

Answer 37

British Railways Board v Herrington.

Question 38

Which case involved obiter dicta about duress and attempted murder?

Answer 38

R v Howe (applied in R v Gotts).

Question 39

What is an example of persuasive precedent?

Answer 39

Privy Council decisions, e.g., Wagon Mound (No.1).

Question 40

What case created the principle of marital rape being illegal?

Answer 40

R v R.

Question 41

What is an advantage of parliamentary law-making?

Answer 41

It is democratic and involves thorough scrutiny of bills.

Question 42

What is a disadvantage of parliamentary law-making?

Answer 42

The process can be slow and complex.

Question 43

What is an advantage of delegated legislation?

Answer 43

It saves parliamentary time and allows experts to address detailed issues.

Question 44

What is a drawback of delegated legislation?

Answer 44

It is less democratic and can lack sufficient scrutiny.

Question 45

What is a strength of judicial precedent?

Answer 45

It ensures consistency and certainty in the law.

Question 46

What is a criticism of judicial precedent?

Answer 46

It can be rigid and slow to adapt.

Question 47

What case involved statutory unreasonableness?

Answer 47

R (Rogers) v Swindon NHS Trust.

Question 48

What treaty established the EU?

Answer 48

Treaty of Rome 1957.

Question 49

What report influenced sentencing reforms?

Answer 49

The Sentencing Code (Sentencing Act 2020).

Question 50

What Act defines certain terms for interpretation?

Answer 50

Interpretation Act 1978.

Question 51

What case used Hansard for statutory interpretation?

Answer 51

Pepper v Hart.

Question 52

What Act incorporated EU directives into UK law?

Answer 52

Race Relations Act 1976 (Amendment) Regulations 2003.

Question 53

Which Act allows courts to declare laws incompatible with human rights?

Answer 53

Section 4 Human Rights Act 1998.

Question 54

What is the purpose of Practice Directions 3 and 4?

Answer 54

Allow the Supreme Court to depart from previous decisions.

Question 55

What is the significance of the Hunting Act 2004?

Answer 55

It reflects the use of the Parliament Acts to bypass Lords' rejection.