Unit 4 - AC1.1 Describe Processes Used For Law Making Flashcards

1
Q

What are the 3 parts of parliament

A

House of commons
House of Lords
Monarchy

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2
Q

How many mps are in parliament

A

650

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3
Q

What are the members of the House of Lords called

A

Peers

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4
Q

How many peers are there

A

800 and 95 hereditary peers

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5
Q

What is the role of the monarch

A

To give royal assent to pass the law

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6
Q

What’s a bill

A

A proposal for a new law

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7
Q

What does a new law have to be aproved by before it is an act of parliament

A

House of Commons lords and monarch

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8
Q

What’s a green paper

A

The initial report to provoke public discussion

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9
Q

What’s a white paper

A

The detailed plan intended to be put before parliament

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10
Q

What are the 6 parliamentary stages

A

First reading / second reading/ committee stage / report stage / third reading / royal assent

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11
Q

What’s the first reading

A

Name and main aims, formal vote is taken

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12
Q

What is the second reading

A

The main principles are debated and another vote held

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13
Q

What is the committee stage

A

Bill is examined in detail by a small committee of MPs and reported back to the house for amendments

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14
Q

What is the Report stage

A

MPs debate and vote on amendments

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15
Q

What is the third reading

A

Final debate, cannot change anything, pass the bill or reject

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16
Q

What is the royal assent

A

Once passed both houses the monarch signs the bill to make it an act of parliament

17
Q

What are the 2 processes that mean judges can make laws too

A

Judicial precedent and statutory interpretation

18
Q

What’s a judicial precedent

A

Where past decisions by judges create laws for future judges to follow

19
Q

What does the judicial precedent (JP) help

A

Create fairness and consistency in the legal system and created the common law

20
Q

What’s common law

A

A ser of laws common to the whole country

21
Q

What is the court hierarchy system

A

Supreme Court / crown-appeal-high etc court / tribunals-magistrates court

22
Q

What are the 2 exceptions to the Jp

A

Distinguishing and overruling

23
Q

What is distinguishing

A

If the legal principle and facts are different enough from the earlier case so a different decision can be reached and don’t have to follow the earlier precident

24
Q

What is overruling

A

When a court higher up overturns an earlier case of it’s wrong such as at an appeal

25
What is statutory interpretation
The way that the judge interprets the statues/ acts of parliament
26
What is a statue
A written law
27
What are the 3 main interpretation rules
The literal rule / the golden rule / the mischief rule
28
What is the literal rule
Judges use the everyday, dictionary meaning but there can be plural dictionary meanings
29
What the golden rule
Allowing the modification of the literal meaning to avoid an absurd result
30
What’s the mischief rule
When the court can enforce what the statue was intended to achieve not what thwarted words actually say