Section B Law GCSE

The Commons is publicly elected. The party with the largest number of members in the Commons forms the government.

Members of the Commons (MPs) debate the big political issues of the day and proposals for new laws. It is one of the key places where government ministers, like the Prime Minister and the Chancellor, and the principal figures of the main political parties, work.

The Commons alone is responsible for making decisions on financial Bills, such as proposed new taxes. The Lords can consider these Bills but cannot block or amend them.

The House of Lords is the second Chamber of the UK Parliament. It makes laws, holds the Government to account and investigates policy issues. Its membership includes experts in many fields and it complements the work of the House of Commons.

Members of the House of Lords are mostly appointed by the Queen, a fixed number are elected internally and a limited number of Church of England archbishops and bishops sit in the House.

What is meant by Parliamentary Supremacy?

Parliament can make law on any subjects, no parliament can be bound by a previous parliament or can pass an act which will bind a later parliament. No other body has the right to override or set aside an act of parliament.

How can the above be undermined?

Membership of the European Union.

What is delegated legislation?

Law made by some person or organisation other than parliament, but with the authority of parliament.

What are the advantages of delegated legislation?
Creates detailed law that parliament does not have time for
Can be passed quickly
Local knowledge may be needed, can be amended or revoked

What are the disadvantages of delegated legislation?

Takes law making away from our democratically elected MP's and allows non-elected to make laws.
Allows sub-delegation.
Lack of publicity
Large amounts of delegated legislation make it difficult to find out what the current law is.

What is case/common law?
Judge made law

What is the doctrine of precedent?
Decisions made by judges which creates law for other judges to follow

Why is the hierarchy of courts important?
The more senior a court, the more likely it's decision will create a binding precedent.

What is binding precedent?
A decision that other courts must follow

What is persuasive precedent?
Decisions made by lower courts or 'Obiter Dicta'

What is meant by the term ratio decidendi?
The reason for the judgement.

What is Obiter Dicta?

Other things said in the judgement.

What is a law report?

A written report of cases and judgements

What are the advantages of precedent?
Provides some certainty within the law so the lawyers are able to advise
Flexibility to change

What are the disadvantages of precedent?
Rigidity
Illogical distinctions
Bulky and complex
Slow to change

Who have powers to carry out an arrest?
Police and Citizens

Which act allows these powers?
Police and Criminal Evidence Act 1984

What is an arrestable offence?
An offence for which there is a fixed penalty made by law.

When would police only be able to make an arrest?
Before or after an offence is committed.

When could police or citizens make an arrest?
During the offence

Under what act can a citizen make an arrest?
P.A.C.E 1984 - Section 24

What rights does the suspect have at the police station?
To have someone informed of their arrest
To see a lawyer
Be able to consult the code of practice

For how long may a suspect be detained at a police station without charge?
36 hours, normally.

What act covers police bail?
Bail Act 1976.

Identify conditions of bail
Hand in passport, Live at a bail hostel, Report to police station/officer,Surety money

Why might someone be refused bail (remanded in custody)?
Not responded to bail in the past

What act covers police bail?
Bail Act 1976.

Identify conditions of bail
Hand in passport, Live at a bail hostel, Report to police station/officer,Surety money

Why might someone be refused bail (remanded in custody)?
Not responded to bail in the past
Serious offence
Involvement of class A drugs
Threat or witness intimidation
May abscond
May commit further offences

Identify factors in favour of granting bail
Close ties to the community/Family
Responded well to bail in the past

What are the tests carried out in order to proceed with prosecution? Explain
Public Interest Test - Is it in the public and the victims interest to prosecute?
Evidential Test - Must be sufficient evidence to prosecute

What is the role of CPS?
Advise the police on the charge, Decide whether or not to prosecute, Prosecute criminals

What is the Duty Solicitor Scheme?
Free legal advice for those held at the police station or on initial hearing at Magistrates Court, regardless of defendant or income.

What is the role of the Legal Services Comission?
Give contracts to solicitors to provide legal service under the goverment funding scheme.

What does the Community Legal service provide?
Help for legal disputes.

Identify types of civil claim that will not get goverment funding
Personal injury, defamation, claims for amounts less than £5000, mental health tribunals.

How does the Means Test work?
Disposable income and disposable capital - if below a minimum amount claimants don't have to pay.

How do conditional fees work?
'no win, no fee' - lawyers can claim money off the losing party. They agree a fee and a success fee. If they lose the solicitors get nothing, If they win the solicitors get the fee and success fee.

What are the advantages?
Provide solicitors for people who can't afford them.

What are the differences between a solicitor and a barrister?
Barristers do more advocacy
Solicitors advise clients and do more conveyancing.

Training routes to becoming a solicitor
Law degree - become an ILEX fellow - student member of solicitors regulation authority - LPC - 2 year training with a solicitor - Qualified solictor

Training routes to becoming a barrister
Law degree - Member of an Inn of Court - BVC - Called to the Bar - six months pupilage - Qualified barrister.