1.1

Cards (28)

  • What are the two processes to create laws?
    1. Parliamentry
    2. Judicial
  • What are the 3 parts to the criminal justice system?
    1. Monarch
    2. House of Lords
    3. House of Commons
  • Whats a green paper?
    A published paper from the government, it includes questions and areas to discuss
  • Whats a white paper?

    A published, detailed paper for the proposal of a new law. It may include a draft.
  • Whats the order of the parliamentary stages?
    1. First reading
    2. Second reading
    3. Committee stage
    4. Report stage
    5. Third reading
    6. Lords
    7. Royal Assent
  • Whats the first reading?
    A formal announcement of a new bill followed by a vote to progress it.
  • Whats the second reading?
    The bill is re-announced and debated by MP's. This is followed by a vote to progress the bill to the committee stage.
  • Whats the committee stage?
    When a small group of MPs examine and scrutinise a bill, creating a report.
  • Whats the report stage?
    The committee provides the report to the house of commons to discuss amendments and vote on it's progression.
  • Whats the third reading?
    Where no further amendments are made, the commons debate the bill once again on vote on its progression.
  • Whats the lords stage?
    The bill undergoes similar scrutiny as the house of lords double check the bill. It can then either be send back for amendments or progressed to the monarch after a vote.
  • Whats the royal assent stage?
    The monarch signs the bill, this makes it effective immediately or at a planned date - this is a commencement order.
  • What are members of the lords called?
    Peers
  • How many members of the house of lords are there?
    800
  • Whats the make up of the house of lords?
    1. 92 hereditary
    2. 26 Church of England members
    3. 682 life peers
  • Who does each MP represent?
    A constituency of the Uk
  • How many MPs are there?
    650
  • Who becomes prime minister?
    The leader of the majority party
  • Whats judicial precident?
    A source of law-making where past judges decisions create common law for future judges to follow.
  • What is judicial precedent based on?
    Stare decisis, standing by decision
  • What does precedent follow?

    The court hierarchy
  • What are the 2 exceptions to precedent?
    1. Distinguishing (same principle, different facts to the case)
    2. Overruling (higher courts state the decision was wrong, so the precedent is overturned)
  • Whats a statute?

    Written law
  • Whats statutory interpretation?

    How judges interpret statutes differently
  • Whats the literal rule?
    Judges use the ordinary meaning of words in the statute
  • Whats the golden rule?
    Judges modify the meaning on the statutes to avoid absurd results
  • Whats the mischief rule?

    A judge can enforce the statutes intended meaning rather than the literal meaning.
  • What are the 3 statutory interpretations?
    1. Literal
    2. Mischief
    3. Golden