Tutorial 2

Question 1

how are judges obliged to make decisions in common law systems?

Answer 1

in alignment with similar previous cases

Question 2

what does common law base its decision making on?

Answer 2

judicial precedent

Question 3

what is an advantage of judicial precedent?

Answer 3

provides certainty in the law

parties can predict a case’s outcome based on previous cases

decisions are consistent, ensuring fairness

Question 4

is common law flexible?

Answer 4

yes, because it is left to case law, opposed to a rigid legislature which may not be prepared for certain situations

Question 5

criminal court hierarchy?

Answer 5

magistrates court
crown court
high court
court of appeal
house of lords

Question 6

civil court hierarchy?

Answer 6

the tribunals service
country courts
high court
court of appeal
house of lords

Question 7

why is there a difference in the standard of proof in civil and criminal cases?

Answer 7

because the burden of prosecution is more severe in criminal cases

Question 8

onus = ?

Answer 8

burden of proof

Question 9

how can one win a civil case?

Answer 9

it’s a tradeoff between who has the best argument

Question 10

what is the supreme legal authority in the UK?

Answer 10

the westminster parliament

it can create or end any law

Question 11

ratio decidendi?

Answer 11

the reason for a court’s decision

forms part of the judgement delivered at the end of a case

Question 12

obiter dicta?

Answer 12

incidental remarks/expressions of opinion that are said ‘by the way’

rest of judgements besides ratio decidendi

Question 13

bill?

Answer 13

a proposed law which is introduced into parliament

Question 14

who must approve a bill for it to become law?

Answer 14

each house of parliament

(house of commons, house of lords)

must also receive royal assent

Question 15

royal assent = ?

Answer 15

the final stage required for a parliamentary bill to become law

Question 16

once a bill is approved by each house of parliament and receives royal assent, what happens?

Answer 16

it becomes law and is known as an act (statute or legislation)

Question 17

who can introduce a bill?

Answer 17

any member of parliament

Question 18

what stages must bills go through?

Answer 18

first reading
second reading
committee stage
report stage
third reading

Question 19

first reading & second reading for a bill?

Answer 19

first - purely formal stage, no debate

second - debate on the main principles of the bill

Question 20

committee stage & report stage for a bill?

Answer 20

committee - line-by-line consideration of the details of the bill

report - amendments to the bill are discussed

Question 21

third reading of a bill?

Answer 21

bill becomes law once received royal assent

then becomes an act

Question 22

the sovereign?

Answer 22

the one who exercises power without limitation

Question 23

sovereignty?

Answer 23

the power to make laws

Question 24

parliamentary sovereignty?

Answer 24

aka parliamentary supremacy

because the powers of the westminster parliament are unlimited, they can make laws on any topic/object/being