Topic 5: Law Making Flashcards
What are the 2 Houses of Parliament called?
The House of Commons
The House of Lords
What is a green paper?
A green paper is a consultative document where people are invited to give their views
What is a white paper?
A white paper is a firm set of proposals for people to view before it becomes a draft bill
What happens at the first reading?
The first reading is a formal procedure where the name and main aims of the Bill are read out then a formal vote is taken
What happens at the second reading?
The second reading is where the main debate takes place followed by another vote
What happens at the Committee stage?
At the committee stage a chosen group of representatives look closely at the bill to address any issues and suggest appropriate amendments
What happens at the report stage?
The report stage is where the committee report back to the full house who vote on the proposed amendments
What happens at the third reading?
The third reading is the final vote on the bill and is usually a formality
What is meant by the term “ping pong”
The lords have limited powers and can only send the bull back for amendments which continues until the Bill is agreed by both houses
What is the final stage and who does it include?
The final stage is royal assent and this is where the Monarch formally accepts the Bill, a Bill has not been rejected by the Monarch since the 1700s
What is statutory interpretation?
Statutory interpretation is when a judge in higher courts may need to interpret words or phrases in a statute
How does the literal rule work?
The literal rule is when the judge gives a word or phrase its original dictionary definition
Give an example of when the Literal rule was used
Whitley v Chappel - charged with impersonating any person with the right to vote, was found not guilty since dead people don’t have the right to vote
What is the golden rule?
The golden rule is when a judge modifies the meaning of a word to avoid an absurd result
Give an example of when the golden rule was used
Alder v George - charged with obstructing in vicinity of a prohibited place but argued he was in the place not the vicinity so the judge changed the meaning of vicinity to include inside
What is the mischief rule?
The mischief rule is when the judge looks at the problem the Act was trying to prevent not the meaning of the words
Give an example of when the Mischief rule was used
Smiths v Hughes - charged with soliciting in the street despite being on private balcony since Act aimed to prevent soliciting in Public
What is judicial precedent?
Judicial precedent is law made by Judges in Court
Explain the concept of Ratio Decendi
Ratio decendi is when a case appears before a judge they must make a judgement which forms law to be followed in future cases
How did Donoghue v Stevenson influence future cases?
In the Donoghue v Stevenson case a duty of care from manufacturers to consumers was created. In the case the claimant fell ill after consuming a drink with a decomposing snail inside. The decision in Daniel’s v white used the ratio in the Donoghue case to allow the claimant to sur
What is the difference between overruling and distinguishing in judicial precedent?
Overruling is when a higher court decides a previous decision made by a lower court was wrong
Whereas distinguishing is when a court decides a past decision does not apply to a case since the cases are different
Provide an example of where a previous precedent was overruled
In BRB v Herrington a 6 year old boy was injured when he wandered into a railway through a broken fence. Addie v Dunbreck had set a precedent that landowners owed nearly no duty of care to trespassers. This was overruled in BRB v Herrington ruling that landowners do owe a duty of care
What was the key difference in Merrit v Merrit and Balfour v Balfour?
In Merrit v Merrit the husband and wife were separated and the agreement was in writing so more than a domestic arrangement since it was a legally binding contract
