Unit 4 AC1.1 Describe processes used for law-making

Question 1

What is the UK’s form of government?

Answer 1

Parliamentary democracy.

Question 2

How are laws made in the UK?

Answer 2

Laws are made by passing Acts of Parliament.

Question 3

What are laws referred to as in the UK?

Answer 3

Statutes or legislation.

Question 4

How many members are in the House of Commons?

Answer 4

650 Members of Parliament (MPs).

Question 5

How are MPs elected?

Answer 5

Through General Elections.

Question 6

What does each MP represent?

Answer 6

A constituency in the country.

Question 7

What is the House of Lords?

Answer 7

The second chamber of the UK Parliament.

Question 8

How many members are in the House of Lords?

Answer 8

800 members.

Question 9

What are the different types of members in the House of Lords?

Answer 9

Peers (hereditary, life, and bishops).

Question 10

What role does the monarch play in lawmaking?

Answer 10

Constitutional role in opening, dissolving Parliament, and approving Bills.

Question 11

What happens during the first reading of a Bill?

Answer 11

Formal announcement and vote on the Bill.

Question 12

What is the main purpose of the second reading of a Bill?

Answer 12

Consideration, debate, and vote on the main principles of the Bill.

Question 13

What happens during the committee stage of a Bill?

Answer 13

Detailed examination and possible amendments by a committee of MPs.

Question 14

What is the purpose of the report stage of a Bill?

Answer 14

Review, debate, and voting on amendments based on the committee’s report.

Question 15

What occurs during the third reading of a Bill?

Answer 15

Final debate, no further amendments allowed, and vote to pass or reject the Bill.

Question 16

What happens when a Bill goes to the House of Lords?

Answer 16

Same stages as the Commons, Lords can propose amendments, and it goes back to the Commons for a decision.

Question 17

What is the final step before a Bill becomes law?

Answer 17

Royal Assent by the Monarch, turning the Bill into an Act of Parliament.

Question 18

What is the role of the government in lawmaking?

Answer 18

Running the country and proposing new laws.

Question 19

What is a Green Paper?

Answer 19

Initial report triggering public discussion and seeking responses.

Question 20

What is a White Paper?

Answer 20

Detailed plan for legislation published after consultation.

Question 21

What is judicial precedent?

Answer 21

Past decisions of judges creating laws for future judges to follow.

Question 22

What is the principle behind judicial precedent?

Answer 22

“Stare decisis” - standing by a decision.

Question 23

What is common law?

Answer 23

Laws created based on past judicial decisions.

Question 24

How does court hierarchy affect precedent?

Answer 24

Higher court decisions create binding precedent for lower courts.

Question 25

What are the exceptions to following precedent?

Answer 25

Distinguishing and overruling.

Question 26

What is distinguishing?

Answer 26

Treating the present case as different from a previous case, leading to a different decision.

Question 27

What is overruling?

Answer 27

Higher court overturning a previous decision.

Question 28

What is statutory interpretation?

Answer 28

Judges making laws by interpreting statutes or Acts of Parliament.

Question 29

What are the interpretation rules in statutory law?

Answer 29

Literal rule, golden rule, and mischief rule.

Question 30

What is the literal rule in statutory interpretation?

Answer 30

Judges using everyday meaning of words in a statute.

Question 31

What is the golden rule in statutory interpretation?

Answer 31

Applied to avoid absurd results from literal interpretation.

Question 32

What is the mischief rule in statutory interpretation?

Answer 32

Enforcing the intent of the statute rather than the literal words.

Question 33

How do judges interpret statutes?

Answer 33

By determining the meaning of words and applying them to cases.

Question 34

What is the purpose of the literal rule?

Answer 34

To interpret statutes based on their plain and ordinary meaning.

Question 35

When is the golden rule applied in interpretation?

Answer 35

When the literal rule leads to absurd or contradictory outcomes.

Question 36

What is the primary aim of the mischief rule?

Answer 36

To give effect to the underlying purpose or intention of the statute.

Question 37

What happens if a statute is unclear or ambiguous?

Answer 37

The judge will apply statutory interpretation to clarify its meaning.

Question 38

What is the significance of precedent in the legal system?

Answer 38

It creates certainty, consistency, and fairness in the application of the law.

Question 39

How does precedent contribute to the development of the law?

Answer 39

It provides a basis for future decisions, shaping the law over time.

Question 40

What role do judges play in statutory interpretation?

Answer 40

They have the responsibility to interpret and apply statutes correctly in legal cases.