THE ENGLISH LEGAL SYSTEM Flashcards
Describe what is meant by the legal term ‘bill’ (1)
The name for a draft law going through parliament before it becomes an act of parliament.
What are 3 types of bill? (3)
-public bill
-hybrid bill
-private bill
What is a public bill? (1)
Involves matters of public policy and affects the general public.
What is an examples of a public bill? (2)
Legal aid, sentencing and punishment act 2012 - act about legal funding to the general public.
What is a hybrid bill? (1)
Introduced by the government but affects an organisation, person or place.
What is an example of a hybrid bill? (1)
Cross rail acts
What is a private bill? (1)
Affects a particular organisation, person or place.
What is an example of a private bill? (2)
Faversham oyster fishery company bill 2016
What is meant by green papers? (1)
A consultative document issued by the government putting forward proposals for reform of the law.
What is meant by white paper? (1)
A document issued by the government stating their decisions as to how they are going to reform the law.
What are the 9 states of the bill to act process? (9)
-green papers
-white papers
-first reading
-second reading
-committee stage
-report stage
-third reading
-the House of Lords
-royal assent
What happens in the first reading in terms of the bill to act process? (1)
Formal procedure where the name of the bill is read out.
What happens in the second reading, in terms of the bill to act process? (1)
The MPs in the House of Commons debate the main principles of the bill. At the end of this a vote is taken, where members say ‘aye’ or ‘no’ if there is a clear majority the bill will proceed to the next stage without the need for a count.
What happens in the committee stage, in terms of the bill to act process? (1)
A committee is formed who all specialise in at least one area of the bill, They read the bill line by line and introduce amendment, they call on experts to help them do this before sending their report back to the House of Commons…..
What happens in the report stage, in terms of the bill to act process? (1)
Suggests changes discussed in the previous stage which can be accepted or rejected.
What happens in he third reading, in terms of the bill to act process? (1)
In this stage there is often a brief debate, and a final vote, before it goes to the lords.
What happens in the House of Lords, in terms of the bill to act process? (2)
The bill goes through the same process as in the House of Commons, all members can take part at committee stage. But occasionally parliament will use the parliament act of 1911 and 1949 to overrule this stage.
What happens in royal ascent, in terms of the bill to act process? (1)
Lords amendments are sent back to the house of commons for consideration (can go backwards and forwards multiple times) before they finally reach an agreement before getting the royal assent.
What is meant by royal assent? (1)
A signature from the monarch to say that he is happy for the bill to become an act of parliament.
What is the law commission? (1)
A permanent panel of legal experts who research reads of law and recommend which laws need to be reformed.
When was the law commission formed? (1)
1965
What is the function of the law commission? (1)
They review areas of law and make recommendations for change with the aim of ensuring that the law is simple, clear, accessible and cost effective.
What factors influence parliament? (4)
-political influence
-public opinion/media
-pressure groups
-law reform bodies
How do political influences impact parliament in terms of law making? (1)
Each political party has its own manifesto which is set out in the general election, when elected these become a basis on the laws they introduce into parliament.
What are the advantages of political influences, in terms of law making? (2)
-each political party has its proposals ready if its elected.
-a government majority means that most of the laws it introduces will be passed because it has most of the seats in the House of Commons.
What are. The disadvantages of political influence, in terms of law making? (1)
-after 5 years there is a re-election, meaning that a new party may have a majority of seats causing new repeal and alteration of laws made by previous governments.
How does public opinion/media influence parliament, in terms of law making? (2)
-when the public have a strong opinion on a subject it can lead to change in th law.
-highlight issues of public concern to those in parliament that may not see it.
What are the advantages of public opinion/media, in terms of law making? (2)
-Brings attention to issues and areas of law that need changing or implementing.
-gives the public a voice.
What are the disadvantages of public opinion/media, in terms of law making? (2)
-parliament can sometimes respond to quickly to high profile incidents which can lead to a poorly drafted law.
-media often manipulate and exaggerate news stories and create false public opinion.
How do pressure groups influence parliament, in terms of law making? (1)
Certain groups that are directly affected by an issue or find interest in it, brings said issue to the attention of the general public and the government.
What are the advantages of pressure groups, in terms of law making? (2)
-raise important issues such as inequality between genders.
-can bring forward a wide range of issues, allowing parliament to amend them, without such they might not have known about them.
What are the disadvantages of pressure groups, in terms of law making? (2)
-try to impose their opinion and issue onto the general public.
-pressure groups are formed of a majority which have conflicting interests, confusing society and even there own party.
How does the law commission impact parliament, in terms of law making? (1)
An independent body, created by the government, to review and reform the law.
What are the advantages of the law commission, in terms of law making? (3)
-law is thoroughly researched by legal experts.
-consults multiple areas of suggested law before finalising proposals.
-whole areas of law are considered at any one time, which is the and cost effective.
What are the disadvantages of the law commission, in terms of law making? (1)
-does not have any power to actually change law, meaning that parliament can easily turn away their Proposals.
What is codification? (1)
Bringing together all the law on one topic into one complete code of law.
What is meant by repeal? (1)
In which act ceases to be a law anymore.
What are pressure groups sectioned into? (2)
-sectional pressure group
-cause pressure group
What is a sectional pressure group? (2)
A pressure group that represents the interests of a particular group of people, such as the British Medical Association (BMA) who represent doctors and other medial careers.
What is a cause pressure group? (2)
A pressure group that exists to promote a particular cause and anyone is allowed to join, e.g. Royal Society off birds (RSOB)
What is a claimant? (1)
A person or organisation who is bringing a civil claim for compensation to the courts.
What is a defendant? (1)
The person who has caused loss or damage to a claimant.
What are EU directives? (1)
Are issued by the EU and direct (but are not advisory) all member states to bring in the same laws throughout all the countries.
What are EU regulations? (1)
Laws issued by the EU which are binding on member states and automatically apply in each member state.
What is horizontal direct effect? (1)
Means that an individual can invoke a European provision (the right to sue) on another individual or business.
What is vertical direct effect? (1)
An individual can claim against the member state even when a directive has not been implemented by that state.
Define liable. (1)
The judges decision That the case against a defendant is proved and that they should pay compensation.
What is a prosecutor? (1)
The person or organisation bringing a criminal Charge against a defendant.
Give two examples when public opinion has been the cause of an act of parliament. (2)
-the dangerous dogs act 1991
-the human rights act 1998
What is parliamentary supremacy? (1)
Parliament has the power legislate on any subject, can repeal any law or act and no other body can overrule them.
What are the limitations of parliamentary supremacy? (3)
-the effect of the human rights act 1998
-devolution
-EU membership
How does the human rights act 1998 limit parliament supremacy? (2)
-states that all acts of parliament have to be compatible with this act, although since parliament can change or repeal any law they could pass a new act which contravenes this act.
How does devolution limit parliament supremacy? (
Certain acts set in different parts of the United Kingdom, such as the Scotland act of 1998 and the Wales act of 1998 have handed powers to their own parliaments which reduces the influence of the British parliament in these areas. It is theoretically possible that parliament could repeal this.
How does EU membership limit parliament supremacy? (1)
In 2016 Britain left the EU, this law takes priority over British law.
What is meant by justice?
Fair behaviour or treatment.
What does repeal mean? (1)
When an act ceases to be a law.
