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Table of Contents
1. Parliamentary Law Making
2. Delegated Legislation
3. Statutory Interpretation
4. Judicial Precedent
The Hierarchy of The Courts:
5. Civil Courts and Dispute Resoultion
Civil Courts
Dispute Resolution
6. Criminal Courts and Lay People
Criminal Courts
Magistrates:








| Legal Profession and advice/funding 1

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1. Parliamentary Law Making

Terminology

Bill - Before proposals become law, as they go through the stages in Parliament, they are
called a Bill
Clause - The individual parts of a Bill are known as clauses
Act - Once a Bill is passed and becomes law it is…

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How much power does the House of Lords have to stop a Bill becoming law?
The House of Lords is restricted by the Parliament Acts 1911 & 1949

The Government can reintroduce a Bill which has been voted against by the House of Lords and if
passed again…

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Delegated Legislation

Delegated Legislation is law made by a body other than Parliament. Parliament gives others the
power to pass delegated legislation in a parent or enabling act.

Act of Parliament (Statutes) - Primary Legislation
Delegated Legislation (i.e. statutory Instruments) - Secondary Legislation

Why is Delegated Legislation Needed?…

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If the court decides that a piece of delegated legislation is ultra vires the legislation can be
declared void.

Criticisms of Delegated Legislation
Lack of democracy - Too much delegated legislation is made by unelected people i.e. civil
servants.
Lack of publicity - The public are often unaware…

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3. Statutory Interpretation

Parliament passes statutes and judges must interpret and apply them in court. Where the meanings
of words are unclear, judges will apply one of the various rules of interpretation. These rules were
developed in the following way:

Why Do We Need Rules For The Interpretation…

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The Literal versus the Purposive approaches to Statutory Interpretation

Arguments in favour of the literal approach
Judges should give words their literal meaning, their job to not to make the law but to apply
it
The litreral appraoch is preferred by conservative judges

Arguments in favour of the…

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4. Judicial Precedent


Judicial Precedent refers to the way in which the law is made and amended through the decisions of
judges.

Stare Decisis - Stand by the Decision
The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases
should…

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Distinguishing
Distinguishing is a 'tool' used by judges to avoid following a previous decision which they would
otherwise be bound to follow. An advantage of distinguishing is that it helps to keep judicial
precedent and the law flexible.

Where a judge considers the material facts of the present…

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The Hierarchy of The Courts:


Magistrates Court
· Civil Jurisdiction
· Enforcing council tax demands
· Family cases (orders for protection and maintenance)
· Licensing (e.g. to sell alcohol)

County Court
· Deals with all contract and tort claims, all cases for recovery of land, disputes over partnerships,…

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