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year 2
unit 4
AC 1.1
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Cards (42)
What should you note down regarding how laws are made?
What you know about the law-making process and who is involved.
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Who campaigned
for
the law making staking a criminal offence?
Campaigners
for
the new law
, as mentioned in
Criminology Book One.
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What are the two main sources of law in England and Wales?
The government through
Parliament
and the
judiciary.
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What is the role of Parliament in law-making in the UK?
It is a parliamentary
democracy.
Most laws are made by passing Acts of
Parliament.
Laws made by Parliament are referred to as
statutes
or legislation.
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What are the three parts of Parliament in the UK?
The
monarch
, the House of
Lords
, and the House of
Commons.
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What is the monarch's role in law-making?
The monarch gives the
Royal Assent
to new laws.
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What are members of the House of Lords called?
Peers.
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How many hereditary peers are there in the House of Lords today?
There are
92
hereditary peers.
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What is the main job of the House of Lords?
To
double-check
new
laws.
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How many Members of Parliament (MPs) are there in the House of Commons?
There are
650
MPs.
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What is the role of the government in relation to Parliament?
The government
runs
the country and
proposes
new laws.
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What is a proposal for a new law called?
A Bill.
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What are the stages a Bill goes through in Parliament to become law?
1.
First reading
2. Second reading
3.
Committee
stage
4.
Report
stage
5. Third
reading
6. House of
Lords
stages
7.
Royal
Assent
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What happens during the first reading of a Bill?
The Bill is
formally
announced and a
vote
is taken to allow it to move to the next stage.
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What occurs during the second reading of a Bill?
The main
principles
of the
Bill
are
debated
and a
vote
is
taken.
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What is the purpose of the committee stage in the law-making process?
The
Bill
is
examined
in detail by a small committee of
MPs.
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What happens during the report stage of a Bill?
MPs consider
the
committee's report
and
debate
any
proposed amendments.
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What is the final chance for the Commons to debate a Bill called?
The
third
reading.
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What happens if the House of Lords amends a Bill?
The Bill must return to the
Commons
for consideration of the
amendments.
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What is the
Royal Assent
?
The monarch's agreement to make the Bill into an Act of Parliament.
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When does a new law come into force?
Immediately
unless specified otherwise by a
commencement
order.
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What are some examples of criminal statutes introduced by the government?
The
Criminal Justice
Act (2003)
The
Crime
(Sentences) Act (1997)
The
Dangerous Dogs
Act (1991)
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What change did the Criminal Justice Act (2003) introduce?
It changed the
double jeopardy rule
allowing retrials in certain cases.
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What was the purpose of the Crime (Sentences) Act (1997)?
To introduce
mandatory
minimum sentences for
repeat
offences.
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Why was the Dangerous Dogs Act (1991) criticized?
It was rushed through
Parliament
and did not receive due
consideration.
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How can judges make law?
Through
judicial precedent
Through
statutory interpretation
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What is judicial
precedent
?
It is where past decisions of judges create law for future judges to follow.
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What does the
principle
of
stare decisis
mean?
It means to stand by or follow what
judges
have decided in
previous
cases.
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How does judicial precedent contribute to the legal system?
It creates certainty,
consistency,
and
fairness
in
the legal system.
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What is common law?
Law
developed from following
decisions
made in
earlier
cases.
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What is the court hierarchy in the legal system?
The
Supreme Court
is at the
top
, and
magistrates'
courts are at the
bottom.
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What is binding precedent?
A decision taken by a
higher
court that
lower
courts must follow.
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What are the two main exceptions to following precedent?
Distinguishing
and
overruling.
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What does distinguishing mean in the context of precedent?
It means that the judge finds the facts in the
present
case are different enough from the
earlier
case.
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What is
overruling
in the context of
precedent
?
It is when a higher court states that a legal decision in an earlier case is wrong and overturns it.
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What is an example of overruling a precedent?
The law on
marital rape
was changed in the case of
R
v
R
(
1992
).
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How do judges interpret statutes or Acts of
Parliament
?
By using the
literal
rule
By using the
golden
rule
By using the
mischief
rule
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What is the literal rule in statutory interpretation?
Judges should use the
everyday
,
ordinary
meaning of the words in a
statute.
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What is a problem with the literal rule?
A
word
can have several different literal
meanings.
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What does the golden rule allow judges to do?
It allows the court to modify the
literal meaning
to
avoid absurd results.
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