OCR GCSE Law B141 whole unit

1. Law put forward by the Govt

   Anmerkungen:

   • EG new criminal laws new tax law 

1. laws which will only affect one company

   Anmerkungen:

   • EG the law allowing a fee to charged on the Dartford Crossing of the M25

Anmerkungen:

• laws put forward by one individual MP   Only a few debated each year - most of parliament's time is dedicated to passing government bills are these are aimed at delivering the democratically chosen 'manifesto' 

1. 1st reading
   1. 2nd reading
      1. committee stage
         1. report stage
            1. 3rd reading
               1. House of Lords
                  1. Royal Assent
                     1. The Queen signs the bill and it is now law
                  2. similar process

                     Anmerkungen:

                     • the house of lords have their own readings, committees and reports stages.    
                  3. may SUGGEST ammendments

                     Anmerkungen:

                     • House of Lords can send the bill back to the House of commons with ideas and suggestions for changes.  The House of Commons must consider these but does not have to follow them. 
               2. the final vote

                  Anmerkungen:

                  • no more debate or discussion MP's vote whether to accept the bill 
            2. committee report back
         2. the bill is closely examined

            Anmerkungen:

            • a group of MPs will go through and check the bill line by line to make sure it is clear and well written and will achieve what it sets out to
      2. The main debate
   2. introduction of the bill to parliament
2. green paper

   Anmerkungen:

   • the outline of a new idea people are invited to express their views. The idea may be changed and modified 
   1. white paper

      Anmerkungen:

      • changes and suggestion from the green-paper consultation are written in to a 'white paper'.  This is now ' a bill'  

1. democratic

   Anmerkungen:

   • MPs are elected by the people. and the House of Commons always gets its way in the end
2. scrutiny

   Anmerkungen:

   • because there are so many stages and people involved in the making of a bill it should be carefully checked and properly written by the end of the process

1. House of Lords

   Anmerkungen:

   • the make-up of the House of Lords is often criticised as undemocratic
2. complex and time-consuming

   Anmerkungen:

   • lots of stages - takes a long time to edal with things and some laws are needed quite urgently
3. role of the monarch

   Anmerkungen:

   • merely a figure-head role.  Why is the Queen involved with this at all? Seems pointless.  

1. House of Commons

   Anmerkungen:

   • The government at its centre MPs of all parties also involved  MPs Democratically elected to represent constituencies 
2. House of Lords

   Anmerkungen:

   • Unelected.  Some inherited the right to be a 'Lord'   Majority are appointed by the government - experts in a particular field ( Sir Alan Sugar - businessman)  Church of England Bishops 
   1. cannot overrule

      Anmerkungen:

      • The house of lords cannot prevent the house of commons from passing laws.  It can delay bills by suggesting improvements.   Eventually Commons can force through a bill even if the House of Lords vote to reject it. (Hunting Bill) 
3. the Monarch

   Anmerkungen:

   • the Queen Mostly a ceremonial role, but is involved in much parliamentary business 

1. definition

   Anmerkungen:

   • Parliament passes the power to make law to another person or body
2. By-Laws
   1. made by local authorities

      Anmerkungen:

      • people in control of land EG Councils Train Companies Water Companies 
      1. law for local areas
         1. eg: no dogs on the beach/ no drinking in the park
3. Statutory Instrument
   1. made by government ministers
      1. for the extended detail of law that doesn't need to be debated
         1. eg. the PACE codes of practice

            Anmerkungen:

            • these were written by policing experts in the Home Office.  Parliament would not have time to read and debate the huge detail of these.   
4. Orders in Council
   1. made by the privy council
      1. for fast/emergency law
         1. eg: dealing with a sudden terrorist threat
5. evaluation of DL
   1. advantages
      1. fast

         Anmerkungen:

         • good for emergency situations/ war etc
      2. specialist knowledge

         Anmerkungen:

         • specialist LOCAL knowledge (by-laws) or the specialist expertise from government departments
   2. disavantages
      1. undemocratic

         Anmerkungen:

         • unlike statutes, parliament does not get to approve DL
      2. Lack of scrutiny

         Anmerkungen:

         • huge volumes of DL are made and very little of it is ever thoroughly checked to make sure it is fair and clear.  This unlike parliamentary statutes which are reviewed thoroughly by the scrutiny committee etc 

Anmerkungen:

• common law judge made law law based on cases decided in court

1. hierarchy of the courts

   Anmerkungen:

   • the lower courts have to follow the decision of any courts above them, if the facts of the case are the same
2. law reports

   Anmerkungen:

   • when an important case is decided the judge's decision is written into a report so other judges can use this
   1. ratio decidendi
      1. "reason for deciding"

         Anmerkungen:

         • the key part of the judgment which gives the precise decision in this case
      2. binding precedent

         Anmerkungen:

         • this is the bit that lower courts have to follow
   2. Obiter dicta
      1. "all the other words"

         Anmerkungen:

         • anything else which is not the RD.  eg, discussions of hypothetical situations reference to other cases  
      2. persuasive precedent

         Anmerkungen:

         • judges don't have to follow this but may choose to. 
   3. original precedent

      Anmerkungen:

      • when a decision is made in a new situation. 
3. avoiding following precedent

   Anmerkungen:

   • if judges want to make a completely new decision
   1. distinguishing

      Anmerkungen:

      • finding small differences in the materials facts to avoid having to follow a decision... 
   2. Overruling
      1. (only higher courts)

         Anmerkungen:

         • higher courts can make different decisions from lower courts.  The Supreme Court can overrule the Court of Appeal and make a different decision 
   3. the Supreme Court Practice statement (1966)

      Anmerkungen:

      • The supreme court usually sticks to its own decisions to allow for certainty in the law The practice statement of 1966 allows them to make a fresh decision "when it is right" 
      1. RvR (1991)

         Anmerkungen:

         • the supreme court changed its earlier ruling so that a man who rapes his wife IS now guilty of a crime.  Society views of women and marriage had changed from when the decision was originally made 
4. evaluation
   1. advantages

      Anmerkungen:

      • allows for certainty - people can see from earlier cases what a decision might be Timesaving - no need to make a fresh decision every time a case comes up 
   2. disadvantages

      Anmerkungen:

      • Quite rigid system - can take a long time to change a law - eg RvR 1991! - have to wait for cases to be appealed.  Complex rules makes it hard for the public to understand how it works, research their own legal issues.  

1. stop and search, arrest, detention, all hyperlinked here

1. Summary offences

   Anmerkungen:

   • low level offences (speeding, shoplifting)
   1. magistrates court
2. Indictableoffences

   Anmerkungen:

   • Murder Armed robbery the most serious.  
   1. crown Court
3. Triable Either-Way offences

   Anmerkungen:

   • seriousness depends on facts..  eg, theft - can be theft of £5 (low level) or theft of a million, serious. 
   1. Plea before venue

      Anmerkungen:

      • where it is decided which court will deal
      1. guilty plea

         Anmerkungen:

         • magistrates will decide if they can sentence within their powers (12months or 5k fine) or if it needs to go to crown court for sentence.  No trial needed if D pleads guilty 
      2. Not guilty plea
         1. within mag's sentencing powers
            1. defendant can choose venue
               1. Why choose the magistrates?

                  Anmerkungen:

                  • lower sentences faster trial easier trial, cheaper legal fees less daunting
               2. why choose the crown court

                  Anmerkungen:

                  • more chance of being acquitted by a jury than magistrates Right to "trial by jury" Delay in getting a verdict means more of your sentence spent in remand prison- a 'softer' prison than proper prison.  
         2. beyond mags sentencing
            1. referred to crown court for trial
   2. mags or crown court, depending on seriousness

Anmerkungen:

• 'lay people'  no legal qualifications, involved in the justice system

Anlagen:

• Juries

1. Magistrates attached here

   Anlagen:

   • Lay Magistrates