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SLS > Week 5 > Flashcards

Week 5 Flashcards

1
Q

What is unenacted law?

A
  1. Case law

2. Institutional Writers

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2
Q

What is enacted law?

A

Law enacted by a legislative body:

  1. European Law
  2. UK Parliament
  3. Scottish Parliament
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3
Q

What is primary legislation?

A

Acts passed by Parliament

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4
Q

What is secondary legislation?

A

Where minister is given certain statutory rights which creates statutory instruments that work in accordance of primary legislation

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5
Q

How is an act passed (first part)

A
  1. Starts with proposal from minister or body out with parliament
  2. Look at then Bill team set up
  3. Government lawyers check if it is necessary or not
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6
Q

How is an act passed (part two)

A
  1. Parliamentary Counsel Office try and transats lawyers instructions into legislation
  2. Gaps are checked
  3. Then goes to parliament for amendments
  4. After this it is an Act
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7
Q

What is chap and asp?

A

Chapter or Act of Scottish Parliament. Tell you the number of the act from that year in each respective parliament

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8
Q

What is the long title

A

Decided the scope of the legislation and its purpose - helps decide what its meant to do and what amendments can be made.

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9
Q

What is the enacting formula?

A

Confirms it is an act of Westminster, passed by queen with advice of Lords and Commons.

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10
Q

Why check territorial extent?

A

Tells you where Act applies, if it says nothing assumed England and Wales. Will state if it applies to Scotland or Northern Ireland

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11
Q

What are marginal notes?

A

They are set by the drafter, not authoritative as not part of the act but help reader

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12
Q

What is the relevance of parts in legislation?

A

Parts are distinct so all things in the same part relate

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13
Q

What are Schedules?

A

They have legislative effect but don’t form the main body of the act. Sometimes states amendments

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14
Q

What’s does mean mean

A

A means définition is a specific definition

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15
Q

What is an includes definition?

A

There are several things, ones not stated too, that are included in the meaning

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16
Q

What is a repeal

A

An express repeal states that an act is removed, or parts are withdrawn

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17
Q

What is implied repeal?

A

Later legislation is inconsistent so most recent trumps.

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18
Q

What’s the special rule for constitutional statutes?

A

Can only be repealed expressly

19
Q

When is an act destitute?

A

When it becomes obsolete after a passage of time

20
Q

What is codification?

A

Where you take common law and put it into a statute

21
Q

What is a consolidation act?

A

Brings all the amendments and repeals of a certain act and puts it in a brand new, up to date act.

22
Q

What do MPs rely on?

A
  1. Explanatory notes

2. Policy memorandum

23
Q

What is green paper, white paper and travaux préparatoires?

A

Green paper is preliminary and white paper is more developed.

Travaux is the working paper, explains where the legislation comes from

24
Q

How many readings of bills are there in Westminster?

A

3 readings, as long as voted to go ahead, then House of Lords and royal assent

25
Q

How is a bill past in Holyrood?

A

Three stages and final debate then royal assent required.

26
Q

What is affirmative procedure?

A

Parliament must agree

27
Q

What is negative procedure

A

Passed unless parliament reject

28
Q

What are issues of power to amend by ministers

A

Sometimes with primary legislation without the review of parliament

29
Q

What types of ambiguity are there?

A

Semantic ambiguity: one word with multiple meanings

Syntactic ambiguity: Words put together that then have two meanings due to how they are expressed

“No eggs of hens or ducks shall be eaten”

30
Q

What happens if you have ambiguous legislation?

A

There is a presumption in the favour of liberty. Narrows scope on criminal offence

31
Q

What is the case including a guard dog

A

Hobson v Gledhill [1978] 1 WLR 215

32
Q

What are the facts of Hobson v Gledhill?

A

Syntactic ambiguity to do with the exception at the end as to whether “handler” needed at all times.

Ratio: ambiguity favour freedom

33
Q

What is pénal legislation

A

Legislation that creates a criminal offence

34
Q

What is remedial legislation?

A

legislation that creates a remedy to an issue

35
Q

Best two approaches to legislation?

A

Always go back to the primary legislation and source

Apply interpretative techniques familiar from English

36
Q

What is the importance of perspective?

A

A cautious solicitor and an adventurous advocate can take the same piece of legislation but use it differently to help client

37
Q

How is statutory interpretation best done?

A

Through tools not rules

38
Q

What are the parts that make up law

A

Legislator: make law

Executive: proposes the law

Judiciary: interprets the law

39
Q

What is the act to do with road tax and skates on a car?

A

Holliday v Henry (1974) RTR 101

40
Q

Holliday v Henry

A

Henry doesn’t have road tax but car is on road. Henry puts roller skates under the wheel.

Ratio: If car takes up road space doesn’t matter if it’s on skates or not (on appeal). Look at purpose of legislation and interpret in way that accords with purpose.

41
Q

What is the case with a takeaway?

A

Boulton v Pilkington (1981) RTR 87

42
Q

Boulton v Pilkington

A

Gets ticket going to get his takeaway. Claims he’s loading goods.

Ratio: on appeal, goods interpreted with context of imposing and loading goods, decision over turned.

43
Q

What is the case where a gate is smashed?

A

Chief Constable of Staffordshire v Lees (1981) RTR 506

44
Q

Chief Constable of Staffordshire v Lees

A

Lees smashes into a gate and then tries to run away but refuses to do breath test when caught. Claimed drove into gate purposefully and therefore no accident, which was a requirement of the breath test.

Ratio: on appeal, accident doesn’t necessarily mean something where there was no intention to cause the accident. Can be used in this sense.

SLS (9 decks)

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