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English Legal System > Sources Of Law > Flashcards

Sources Of Law Flashcards

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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
Q

Can you appeal against ICJ

A

No

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26
Q

3 pillars of EU law

A

European community
Common foreign and security policy
Cooperation on justice and home affairs

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27
Q

What are EU candidates

A

Application confirmed by EU and negotiations will be undertaken

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28
Q

What are potential EU candidates

A

EU promised to consider them if they apply. They must satisfy the Copenhagen criteria

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29
Q

Affirm

A

Approve a non binding decision so it becomes binding

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30
Q

Doubt

A

Not to overrule, only doubt

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31
Q

Overrule

A

To change precedent

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32
Q

Reverse

A

Regarding factual matters

33
Q

Quash

A

Decisions of lower courts removed

34
Q

Hierarchy of law reports

A 
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
Q

When was neutral citation introduced

A

2001

36
Q

What do square brackets mean in neutral citation

A

No volume number

37
Q

What do round brackets mean in neutral citation

A

Volume number exists

38
Q

Re

A

In the matter of

39
Q

Ex parte

A

On the application of

What an application is made to court without presence of other party

40
Q

State decisis

A

Binding authority
Must be statement of law not fact
Must be superior court

41
Q

Ratio decidendi

A

Reason for the decision and informs lower courts of the statement of law to be followed

42
Q

Obiter dicta

A

Other things said not binding but may be persuasive

43
Q

Vertical stare decisis

A

All courts are bound by their superiors

44
Q

Horizontal stare decisis

A

Some courts are generally bound by their own previous decisions

45
Q

Is a court ever bound by an inferior court

A

No

46
Q

Are minority / dissenting judgement binding

A

No but can be persuasive

47
Q

Which courts bind which?

A

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
Q

what is filibustering

A

when the opponents of a Bill try to delay it by talking at length either at debate or at committee

49
Q

what are the traditional sources of law

A

crown, nobility (h of l), judges, parliament, church and military

50
Q

what happens when laws are consolidated and is the law changed

A

one statute re-enacts law that was previously contained in other statutes. Presumption that law won’t change

51
Q

what happens when laws are codified and is the law changed

A

all law in common law and statute brought together. the law might change

52
Q

how much time do private member’s bills get

A

13 fridays in each session

53
Q

how many private members bills are chosen by ballot

A

20

54
Q

do all Acts apply to the whole of the UK

A

Yes unless they contain a provision to say otherwise

55
Q

what is the extent of an act

A

its geographical scope

56
Q

do all bills begin as green or white papers

A

no

57
Q

what is an enacting formula

A

the part of an act to show it has been through the proper process

58
Q

can national or international courts declare a law invalid

A

no

59
Q

can parliament make laws of any kind

A

yes

60
Q

what does it mean when it is said that parliament cannot bind its successors

A

this means no act can be protected from repeal

61
Q

are byelaws primary or secondary law

A

secondary law - made under an enabling act

62
Q

what did the Bill of Rights 1688 create

A

juries, free speech, free elections, restrctions on monarch, rule of law, no unusual or cruel punishment

63
Q

what did the magna carter make provision for

A

restrictions on monarch, existance of courts, rule of law

64
Q

who controls policing in london

A

central gov and home office

65
Q

who controls policing outside of london

A

local authorities

66
Q

what is the governing body of the church of england called

A

the general synod

67
Q

what laws can the general synod pass

A

measures - like Acts
canons - more limited
Statutory instruments

68
Q

which Acts merged common law and equity

A

the supreme court of judicature acts 1873 and 1875

69
Q

how many hereditary peers are there

A

90

70
Q

how many life peers are there

A

660

71
Q

do hereditary peers have automatic entitlement to sit in H of L

A

no, HLA abolished this

72
Q

How are hereditary peers chosen

A

byelection amongst themselves. they put themselves forward to be on a list

73
Q

how are life peers chosen

A

particular skills, achievements or expertise

PM reccommends them to monarch who appoints them

74
Q

rules of construction

A

literal rule, golden rule, mischief rule , purposive rule

75
Q

what is the mischief rule

A

ascertain the legislatures intention

76
Q

what is the purposive approach

A

look at reasons why statute was passed, its purpose and policy behind it, even if it goes against ordinary meaning of words

77
Q

2 types of interpretation aids

A

intrinsic (anything in act that was debated) and extrinsic (things outside act e.g. dictionary)

78
Q

what cannot be used when taking an intrinsic approach

A

things not debated: title, headings, preamble, punctuation, marginal notes.
interpretation section is subject to contrary intention in the text

79
Q

language rules

A

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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