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Sources Of Law Flashcards

1
Q

Steps in the legislative process

A 
White paper / green paper
Draft bill
First reading 
Second reading 
Committee stage 
Report stage 
Third reading 
Next house (1,2,C,R,3) 
Back to first house if amendments (2,C,R,3) 
Royal assent
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2
Q

White paper

A

Sets out future leg plans for discussion

Bill often annexed

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3
Q

Green paper

A

Consultation doc setting out proposals. No guarantee

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4
Q

Which bills must start in commons

A

Financial bills

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5
Q

Which bills must start in lords

A

Judiciary, law commission and consolidation bills

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6
Q

What happens at first reading

A

Set date for second reading

No debate

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7
Q

What happens at second reading

A

Main debate

Vote on whether to proceed

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8
Q

When is the second reading

A

After two weekends have passed since first reading

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9
Q

What happens at committee stage

A

Standing committee examines provisions of bill and comments of workability
Amendments

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10
Q

Report stage

A

Bill returns in report format

Can accept or reject amendments

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11
Q

Third reading

A

Final vote
Brief debate
No amendments
Then send to other house

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12
Q

Who normally gives royal assent

A

Speaker on behalf of queen

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13
Q

When is a leg programme set out

A

In queens speech

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14
Q

When does an act come into force

A

At the date specified. If no date then on royal assent

With effect from a date to be appointment - not in force until SI enacts it

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15
Q

Three options when there is a stalemate and the two houses cannot agree on a bill

A

Bill dies
Parliament session expires so bill must die or be started up again next session
H of C proceeds using 1911 Act

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16
Q

When can’t the 1911 act be used

A

Private bills
Bills started in lords
Bills to extend parliament beyond 5 years
Bills sent to lords less than 1 month before end of parliamentary session

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17
Q

Where are the procedural requirements to make SI

A

SI act 1946

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18
Q

Who makes orders in council

A

Privy council but approved by monarch

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19
Q

Rules for interpretation of legislation

A

Literal rule
Golden rule
Mischief rule
Purposive rule

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20
Q

Literal rule

A

Give words ordinary plain meaning

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21
Q

Golden rule

A

Give words ordinary meaning as far as possible unless it would be absurd

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22
Q

Mischief rule

A

Find mischief act was designed to deal with

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23
Q

Purposive rule

A

Look beyond words at purpose of act and reason it was passed

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24
Q

Who are ICH judgments binding on

A

The states concerned

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25
Can you appeal against ICJ
No
26
3 pillars of EU law
European community Common foreign and security policy Cooperation on justice and home affairs
27
What are EU candidates
Application confirmed by EU and negotiations will be undertaken
28
What are potential EU candidates
EU promised to consider them if they apply. They must satisfy the Copenhagen criteria
29
Affirm
Approve a non binding decision so it becomes binding
30
Doubt
Not to overrule, only doubt
31
Overrule
To change precedent
32
Reverse
Regarding factual matters
33
Quash
Decisions of lower courts removed
34
Hierarchy of law reports
``` The law reports (AC, QB,Ch,Fam) Weekly law reports and all England law reports (WLR and AllER) Specialist reports (CrApp R) Other reports (times) Unofficial (Bailli) ```
35
When was neutral citation introduced
2001
36
What do square brackets mean in neutral citation
No volume number
37
What do round brackets mean in neutral citation
Volume number exists
38
Re
In the matter of
39
Ex parte
On the application of What an application is made to court without presence of other party
40
State decisis
Binding authority Must be statement of law not fact Must be superior court
41
Ratio decidendi
Reason for the decision and informs lower courts of the statement of law to be followed
42
Obiter dicta
Other things said not binding but may be persuasive
43
Vertical stare decisis
All courts are bound by their superiors
44
Horizontal stare decisis
Some courts are generally bound by their own previous decisions
45
Is a court ever bound by an inferior court
No
46
Are minority / dissenting judgement binding
No but can be persuasive
47
Which courts bind which?
CJEU -(h) no but likely, (v)yes on Eu law ECHR- (h) no but likely (v) no but persuasive s2 Privy council - (h) no but likely (v) not usually but can tell e&w courts to follow SC - (h) yes, can depart but rare (v) yes C of A - (h) yes unless ECHR conflict, SC conflict, precedent conflict, previous decision lacked regard for the law (v) yes Divisional court (h) yes (v) yes High court (h) no - won’t overrule but might disagree (v) yes Crown court - (h) no (v) no - not bound by HC Family, county and mag court- (v) no (h) no
48
what is filibustering
when the opponents of a Bill try to delay it by talking at length either at debate or at committee
49
what are the traditional sources of law
crown, nobility (h of l), judges, parliament, church and military
50
what happens when laws are consolidated and is the law changed
one statute re-enacts law that was previously contained in other statutes. Presumption that law won't change
51
what happens when laws are codified and is the law changed
all law in common law and statute brought together. the law might change
52
how much time do private member's bills get
13 fridays in each session
53
how many private members bills are chosen by ballot
20
54
do all Acts apply to the whole of the UK
Yes unless they contain a provision to say otherwise
55
what is the extent of an act
its geographical scope
56
do all bills begin as green or white papers
no
57
what is an enacting formula
the part of an act to show it has been through the proper process
58
can national or international courts declare a law invalid
no
59
can parliament make laws of any kind
yes
60
what does it mean when it is said that parliament cannot bind its successors
this means no act can be protected from repeal
61
are byelaws primary or secondary law
secondary law - made under an enabling act
62
what did the Bill of Rights 1688 create
juries, free speech, free elections, restrctions on monarch, rule of law, no unusual or cruel punishment
63
what did the magna carter make provision for
restrictions on monarch, existance of courts, rule of law
64
who controls policing in london
central gov and home office
65
who controls policing outside of london
local authorities
66
what is the governing body of the church of england called
the general synod
67
what laws can the general synod pass
measures - like Acts canons - more limited Statutory instruments
68
which Acts merged common law and equity
the supreme court of judicature acts 1873 and 1875
69
how many hereditary peers are there
90
70
how many life peers are there
660
71
do hereditary peers have automatic entitlement to sit in H of L
no, HLA abolished this
72
How are hereditary peers chosen
byelection amongst themselves. they put themselves forward to be on a list
73
how are life peers chosen
particular skills, achievements or expertise | PM reccommends them to monarch who appoints them
74
rules of construction
literal rule, golden rule, mischief rule , purposive rule
75
what is the mischief rule
ascertain the legislatures intention
76
what is the purposive approach
look at reasons why statute was passed, its purpose and policy behind it, even if it goes against ordinary meaning of words
77
2 types of interpretation aids
intrinsic (anything in act that was debated) and extrinsic (things outside act e.g. dictionary)
78
what cannot be used when taking an intrinsic approach
things not debated: title, headings, preamble, punctuation, marginal notes. interpretation section is subject to contrary intention in the text
79
language rules
recognition by associated words (in a list, understand word in context of other words in the list) expressing one thing excludes another (in a list with no general words take list to be exhaustive) of the same kind of nature (in a list with general words, can only add items of the same kind as the ones already in the list)

English Legal System (5 decks)

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