criminology ac 1.1

What is praraliment made up of

• house of commons. : MPs voted by public

• House of lords: families born lords as well and individuals who been appointed lords

• Monarch: king/queen who is head of state in UK → all bills have to get approval of monarch before being passed as law

To create a new law where does it start

• green paper: allows public consultation on a potential new law to be discussed

• White paper: formal proposals allows a bill to be created and presented to parliament

What is 1st stage

1st reading: name of bill and main aims read out. Formal vote is taken

2nd stage

2nd reading: main debate of bill followed by another vote

3rd stage

Committee stage: A group of representatives look at the bill to address any issues and suggest possible changes

4th stage

Report stage: Committee report back to the House who then vote on any proposed amendments

5th stage

Third Reading: Final vote on the Bill takes place.

6th stage

Royal Assent: The Monarch signs the bill. She cannot refuse as it is now only a symbolic stage as the Head of State.

Last stage

Bill then becomes an act of parliament

What is judicial precedent

• source of law making

• When judges make law for future judges based on past cases inform present decisions

Case study

• donghue v stevenson ; decomposed remaims of snail → case went to house of lords decided manufactors have duty of care to anyone who suffers due to negligence

• → precedent showed that anyone is responsible for their carelessness causes harm to domeone

What are 2 exceptions to precedent when it cant be used

• distinguishing; facts of both cases remain the same

• Over-ruling: There is a court hierarchy system and lower courts (magistrate courts) must abide by the decisions and rules made by higher courts.

What is statutory interpretation

• when judges attempt to work with the law sometimes slightly using stratutoty rules

Literal rule

• literal, dictionary definition meaning of the law is used

Golden rule

• literal rule would be too absurd so small amendments must be made to make law clearer

Mischief rule

judge may re word the law attempting to fix something that’s broken within law