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Crim Unit 4 1.1
1.1 core knowledge
| Question | Answer |
|---|---|
| What is judicial precedent? | the legal principle where courts follow previous decisions made in similar cases to ensure consistency and predictability in the law. |
| What does statutory interpretation allow? | judges to make laws by the way they interpret the statutes or Acts of Parliament. |
| What are the three rules of statutory interpretation? | Golden rule / mischief rule / literal rule |
| What is the literal rule? | Judges should use the everyday, ordinary meaning of the words in a statute (Bill): |
| What is the mischief rule? | Allows the court to enforce what the statute intended to achieve, rather than what the words actually say. |
| What is the golden rule? | Allows judges to give words their ordinary, literal meaning unless doing so would lead to an absurd result, in which case the meaning can be modified to avoid that outcome. |
| What are the two main ways in which a law is created in the UK? through ... | Government (Parliament) and the Judiciary (Judges) |
| Name the three parts to parliament | House of commons / House of Lords / Monarch |
| name the criminal courts where judges sit (5) | Magistrates’ court Crown Court High Court Court of Appeal Supreme Court |
| Which court sits at the top of the court heirarchy? | Supreme court |
| Which court sits at the bottom of the court heirarchy? | Magistrates court |
| Where do all court cases begin? | Magistrates court |
| How many MPs sit in the House of Commons? | 650 |
| How many members of the House of Lords? | 800 |
| What is it called when the Monarch signs off on a new law? | Royal Assent |
| What is a green paper? (step 1) | A consultative stage to gather feedback |
| What is a white paper? (step 2) | Where firmer recommendations after consultation stage are proposed. |
| What is the first reading? (step 3) | The formal introduction, which can be in either House, when a clerk reads the name of the bill. |
| What is the second reading ? (step 4) | The first time the bill is debated. MPs decide whether the bill should pass to the next stage by taking a vote. |
| What is the committee stage? (step 5) | Going through the Bill in detail and amendments may be suggested. In the House of Commons this is a select group. In the House of Lords, everyone partakes. |
| What is the report stage? (step 6) | An opportunity for the whole House to consider what has been done during the committee stage. Amendments can also be proposed at this stage. |
| What is the third reading? (step 7) | The final opportunity for MPs to pass or reject the whole bill. |
| What is the Consideration of amendments? (step 8) | When the two houses send the Bill back and forth responding to suggestions for changes. |
| What the the Consideration of amendments informally known as? | Ping-Pong |
| What is the Royal Assent? (final step) | The signing of the Bill by the Monarch. This is ceremonial - he/she cannot object to the Bill |
| Which example shows Original precedent? | The Snail in the Bottle - established the principle that manufacturers have a duty to take reasonable care to avoid causing foreseeable harm to consumers. |
| Which example shows judicial precedent linked to the snail in the bottle? | Daniels v White (1938) - the case of lemonade burning a customer's mouth |
| What are the two exceptions to judicial precedent? | Distinguishing and overruling |
| Why is statutory interpretation needed? (3 reasons) | 1) Words can have more than one meaning 2) New situations can arise that Parliament did not predict 3) The literal meaning can sometimes lead to unjust or absurd outcomes |
Created by:
Cabezablanca