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SQE - LEGAL SYSTEM & Admin Law > Sources of law Primary Legislation > Flashcards

Sources of law Primary Legislation Flashcards

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1
Q

What is primary legislation?

A

Laws Passes by Parliament
(Acts of Parliament)

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2
Q

What is an important function of parliament?

A

To make new laws

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3
Q

What is legislation?

A

Law passed by parliament

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4
Q

What is the main type of legislation?

A

Primary legislation

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5
Q

What does the term statue refer to?

A

An Act of Parliament

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6
Q

What does the term statutes mean?

A

More than one act of Parliament

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7
Q

What does the term statutory mean?

A

Something contained within a statute

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8
Q

What does the term statutory definition mean?

A

A definition contained within an act of Parliament

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9
Q

What’s the most authoritative type of Law?

A

Statute

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10
Q

What is the Welsh parliament commonly known as?

A

Senedd Cymru

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11
Q

Who is and what does the Welsh parliament do?

A

A democratically elected body that represents Wales to make laws for wales

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12
Q

Can Senedd Cymru pass Acts?

A

Yes as long as they are not reserved to the UK Parliament by the Government of Wales Act 2006

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13
Q

What is secondary legislation?

A

Law created by government ministers or other bodies by powers given to them by an Act of Parliament

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14
Q

What is secondary legislation also known as?

A

Delegated legislation

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15
Q

Can ministers in Senedd make secondary legislation

A

Yes

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16
Q

What is the most common form of secondary legislation?

A

Statutory Instruments

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17
Q

The uk has how many legal systems

A

3

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18
Q

What are the Uks 3 legal systems

A

England & Wales
Scotland
Northern Ireland

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19
Q

Will an act usually state which of the three legal systems it extends to

A

Yes

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20
Q

If an act does not confirm which of the 3 legal systems it extends to what is the default

A

Extends to the whole of the Uk

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21
Q

When determining primary legislation how are England and wales treated

A

Separately as distinct jurisdiction

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22
Q

Primary legislation made by Senedd Wales made applies to whom

A

Wales only

23
Q

What is the legislative process

A

Method used for creating primary legislation

24
Q

What does a statute start as?

A

A Bill

25
Q

Who prepares Bills?

A

Office of the Parliamentary Counsel
(Specialists in drafting legislation)

26
Q

When a Bill is drafted where is it presented to?

A

Parliament for debate

27
Q

What is a Bill?

A

A proposal for a piece of legislation

28
Q

What are the three types of Bills?

A

Public Bills
Private Bills
Hybrid Bills

29
Q

Public Bills can be made in two forms what are they?

A

Government Bills
Private Members Bills

30
Q

What is Public (government bill)?

A

Made by the government implementing the G’ments legislative programme.
Most are made this way

31
Q

What is a Public Bill (private members bill)?

A

Implemented by back benchers and little time is allocated to them. V few become law

32
Q

What is a Private Bill?

A

Bills proposed to Parliament by organisations eg Local Authority.

Relates to a specific individual or organisation.

33
Q

What is a Hybrid Bill?

A

A Bill which affects the Public but also have an impact on an individual or organisation.

34
Q

What what are the 8 stages of legislative process

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
  6. Bill considered in 2nd house
  7. Ping pong if amendments made
  8. Royal Assent
35
Q

Which chamber can a public bill be started in

A

Either the House of Commons or the House of Lords

36
Q

Who needs to approve a Bill?

A

House of Chambers
&
House of Lords

Process needs to be in each chamber

37
Q

What is the first reading

A

Notification of proposed law
Title of Bill read out
Date for second reading set

38
Q

What is the second reading

A

Objectives of bill explained
Bill debated
Vote as to whether it should proceed

39
Q

What is the committee stage

A

Detailed examination of bill
Amendments can be made

40
Q

What is the report stage

A

Bill reprinted with amendments
Debated & voted upon

41
Q

What is the third reading

A

Vote on whether to accept or reject

42
Q

After the third reading what happens

A

Bill proceeds to other house and the first, second, committee, report & third reading takes place

43
Q

What is the ping pong stage?

A

Back & forth houses until both have agreed

44
Q

What is royal assent?

A

When the Bill becomes law

45
Q

What does impasse mean?

A

A situation which no progress is made due to disagreement or deadlock

46
Q

Under the Parliaments Act who can delay a Bill and for how long

A

The HOL for 1 year

47
Q

Which chamber is elected?

A

HOC

48
Q

Which chamber is unelected?

A

HOL

49
Q

If a Bill is delayed under the Parliament Act for one year by the HOL what can happen ?

A

Bill can be reintroduced and receive royal assent without their agreement

50
Q

What does the 1 year delay under the Parliament act not apply to?

A

Money Bills (they must be finalised one later than one month)

51
Q

What does the Parliament Act not apply to?

A

Private Bills or Bills introduced in the HOL

Major constitutional reforms or extend lifetime of Parliament beyond 5 years

52
Q

If an act does not contain a commencement date when will it take effect?

A

Midnight on the day it received royal assent

53
Q

What is another name for delegated legislation?

A

Subordinate Legislation

54
Q

Acts pf Senedd extend to where?

A

England & Wales

SQE - LEGAL SYSTEM & Admin Law (14 decks)

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