UK legislative system Flashcards

1
Q

What is criminal law?

A

A relationship between the state and an individual and is related to the regulation of human behaviour

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2
Q

What is civil law?

A

The relationship between individuals and relates tot he conduct of human relationships

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3
Q

Can you go to prison under civil law?

A

No - deals with disputes between individuals (usually in private)

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4
Q

Is a dispensing error classed as civil or criminal law?

A

Criminal

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5
Q

A bill can become an Act without Royal assent. True or false?

A

False

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6
Q

What is primary legislation?

A

Acts of parliament - lay down general principles without much detail

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7
Q

What is the ‘white paper’ and does it come before or after the bill?

A

Government signals intentions and sets out proposals, inviting comments from interested parties.
It comes before the bill

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8
Q

The bill is only debated in the house of lords. True or false?

A

False - debated in both house of commons and house of lords

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9
Q

Once an Act has passed, can it be altered?

A

No - can only be altered by introduction of another Act

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10
Q

What is secondary legislation?

A

Subsidiary to an Act and comes in the form of statutory instruments

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11
Q

Can a statutory instrument amend a previous SI?

A

Yes

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12
Q

When does an SI become law?

A

After ‘laying on table’ in Parliament for 3 days

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13
Q

Both an Act and SI form the statutory law. True or false?

A

True

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14
Q

What is judicial precedent?

A

Statement of the legal position in a particular case. Judges make laws when there is no legislation or where meaning of current legislation unclear

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15
Q

In EU law, primary legislation is the treaties. True or false?

A

True

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16
Q

In EU law, what does secondary legislation come in the form of?

A

Regulations
Directives
Decisions

17
Q

In EU law, directives are binding by their objectives but leave it to member states’ method of implementation. True or false?

A

True

18
Q

Under secondary legislation of EU law, decisions have direct effect on all member states. True or false?

A

False - binding to those whom they are addressed to