AC 1.1

Cards (42)

  • What should you note down regarding how laws are made?
    What you know about the law-making process and who is involved.
  • Who campaigned for the law making staking a criminal offence?

    Campaigners for the new law, as mentioned in Criminology Book One.
  • What are the two main sources of law in England and Wales?
    The government through Parliament and the judiciary.
  • 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.
  • What are the three parts of Parliament in the UK?
    The monarch, the House of Lords, and the House of Commons.
  • What is the monarch's role in law-making?
    The monarch gives the Royal Assent to new laws.
  • What are members of the House of Lords called?
    Peers.
  • How many hereditary peers are there in the House of Lords today?
    There are 92 hereditary peers.
  • What is the main job of the House of Lords?
    To double-check new laws.
  • How many Members of Parliament (MPs) are there in the House of Commons?
    There are 650 MPs.
  • What is the role of the government in relation to Parliament?
    The government runs the country and proposes new laws.
  • What is a proposal for a new law called?
    A Bill.
  • 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
  • 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.
  • What occurs during the second reading of a Bill?
    The main principles of the Bill are debated and a vote is taken.
  • 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.
  • What happens during the report stage of a Bill?
    MPs consider the committee's report and debate any proposed amendments.
  • What is the final chance for the Commons to debate a Bill called?
    The third reading.
  • What happens if the House of Lords amends a Bill?
    The Bill must return to the Commons for consideration of the amendments.
  • What is the Royal Assent?

    The monarch's agreement to make the Bill into an Act of Parliament.
  • When does a new law come into force?
    Immediately unless specified otherwise by a commencement order.
  • 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)
  • What change did the Criminal Justice Act (2003) introduce?
    It changed the double jeopardy rule allowing retrials in certain cases.
  • What was the purpose of the Crime (Sentences) Act (1997)?
    To introduce mandatory minimum sentences for repeat offences.
  • Why was the Dangerous Dogs Act (1991) criticized?
    It was rushed through Parliament and did not receive due consideration.
  • How can judges make law?
    • Through judicial precedent
    • Through statutory interpretation
  • What is judicial precedent?

    It is where past decisions of judges create law for future judges to follow.
  • What does the principle of stare decisis mean?

    It means to stand by or follow what judges have decided in previous cases.
  • How does judicial precedent contribute to the legal system?
    It creates certainty, consistency, and fairness in the legal system.
  • What is common law?
    Law developed from following decisions made in earlier cases.
  • What is the court hierarchy in the legal system?
    The Supreme Court is at the top, and magistrates' courts are at the bottom.
  • What is binding precedent?
    A decision taken by a higher court that lower courts must follow.
  • What are the two main exceptions to following precedent?
    Distinguishing and overruling.
  • 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.
  • 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.
  • What is an example of overruling a precedent?
    The law on marital rape was changed in the case of R v R (1992).
  • How do judges interpret statutes or Acts of Parliament?

    • By using the literal rule
    • By using the golden rule
    • By using the mischief rule
  • What is the literal rule in statutory interpretation?
    Judges should use the everyday, ordinary meaning of the words in a statute.
  • What is a problem with the literal rule?
    A word can have several different literal meanings.
  • What does the golden rule allow judges to do?
    It allows the court to modify the literal meaning to avoid absurd results.