LO1 - A.C 1.1

Question 1

What are the 7 stages of law making ?

Answer 1

1. First Reading
2. Second Reading
3. The Committee stage
4. The Report Stage
5. Third Reading
6. The Lords
7. Royal Assent

Question 2

What happens in the First Reading

Answer 2

The government introduce the Bill into the commons, This is a formal announcement of the Bill. It is followed by a vote

Question 3

What happens in the second Reading ?

Answer 3

The main principles of the bill are considered and debated in the House of Commons and a vote is taken. If government has the support of a majority of MPs they will win vote and bill goes onto next stage

Question 4

What happens in The committee stage

Answer 4

The bill is looked at in detail. This is done by a small committee of MPs from different parties. They report back to the House Of commons and may propose amendments to the bill

Question 5

What happens in The report Stage

Answer 5

MPs look at the committees report and will debate the amendments and vote

Question 6

What happens in the Third Reading ?

Answer 6

Final chance for the commons to debate the bills content. No further amendments allowed, the house pass or reject the bill

Question 7

What happens in the lords ?

Answer 7

The bill goes to the House of Lords, going through the same stages as the commons. House of Commons have the final say as they represent the people

Question 8

What is Royal Assent ?

Answer 8

Once passed by both houses it will be singed by the monarch. The law comes into force straight away

Question 9

What is the government ?

Answer 9

• Government run the country
• It is formed by the political party with the majority f 650 MPs
• The prime minister is the leader of the majority party
• Proposals for new laws come from the government

Question 10

What is a Bill ?

Answer 10

A proposal for a new law

Question 11

What is a green paper ?

Answer 11

The initial report to trigger public discussion of the subject. Including questions for interested individuals and organisations to respond to

Question 12

What is a White Paper ?

Answer 12

After a consultation, the government publishes the White Paper. This set out detailed plans for legislation
Includes a draft version of the Bill before put before parliament

Question 13

What is the House Of Commons ?

Answer 13

• Made up of elected people
• 650 MPs
• Each MP gets elected in general Election
• Each MP represents their constituency

Question 14

What is the House of Lords ?

Answer 14

• Members refereed to as peers - 800
• Traditionally a peer was a nobleman, duke or Baron. They have an hereditary position-they have passed their peerage on to next generation
• Only 92 Hereditary peers today
• 26 Church of England bishops and archbishops
• The rest of the members are life peers-cannot pass
  peerages on to their children.
• The Lords double check new laws.

Question 15

What is Judicial Precedent ?

Answer 15

• Where past decisions of judges create laws for future judges to follow
• This is based on the principle of standing by a decision (Latin - “stare decisis”)

Question 16

How does judicial precedent link to Unit 3 ?

Answer 16

• Where the point of law in a case today is the same as a previous case, the judge should follow the decision made in the previous case.
• This creates certainty, consistency and fairness in the legal system.

Question 17

What is Common Law ?

Answer 17

• Many laws have been created using this system
• This has created a single set of laws common to the whole country known as “common-law”

Question 18

What is the court Hierarchy ?

Answer 18

The legal system has a hierarchy of courts.
Decisions that are made in higher court creates an original or binding precedent for all lower courts, must be followed by courts in similar cases

Question 19

What are Exceptions to Precedent ?

Answer 19

2 situations;
- Distinguishing
- Overruling

Question 20

What is Distinguishing ?

Answer 20

A precedent from, earlier cases is only binding on a present case if the legal principle involved is the same and if the facts are similar in both cases. Distinguishing means the judge finds the facts in the present case are different from the previous one and will allow them to reach a different decision and not follow precedent.

Question 21

What is Overruling ?

Answer 21

Where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it. (Supreme Court can overrule a lower court)

Question 22

What is Statutory interpretation ?

Answer 22

• Judges can make laws by the way they interpret the statutes of Acts of Parliament
• A statute is a written law
• Judges need to interpret the meaning of words and apply them to the cases they’re judging

Question 23

What are Interpretation rules ?

Answer 23

• The literal rule
• The golden rule
• The mischief rule

Question 24

What is the literal rule ?

Answer 24

• Judges should use the everyday meaning of words in a statute BUT words can have several meanings
• E.g. R v R Maginnis (1987)-case involving illegal drugs different meanings were found for the word supply

Question 25

What is the golden rule ?

Answer 25

• The literal rule can sometimes lead to absurd decisions. The golden rule can be used to avoid this from happening
• Under the official secretes Act (1920) it was an offence to obstruct her Majesty’s Forces in the vicinity of a prohibited place, such as naval base
  -Adler v George (1964) Adler stated he had not broken the law because he was not literally in the vicinity of a prohibited place but actually in it. The court chose to use golden rule to avoid absurd results

Question 26

What is the Mischief rule ?

Answer 26

Mischief rule allows the court to enforce what the statute was intended to achieve, rather than what the words actually say

• Licensing Act (1872) makes it an offence to be drunk in charge of a carriage on the highway
• In Corkery v Carpenter (1951), Corkery was found guilty even though he had been in charge of a bicycle