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Law AS LEVEL 22nd May AQA

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Do you not think? Okay thanks, I hope they don't
Reply 41
Avatar for .JC.
.JC.
14
I'm doing the topics:

- Parliamentry law making
- Statuatory interpretation
- Sources of legal advice and funding

I have written out model answers on revision cards for every possible question. If anyone wants me to write out a model answer just ask.
Original post by jackpethick
When can you appeal to the Court of Appeal and Supreme Court? (criminal courts and lay people)

-I think the SC is when it is a matter of public importance.


Yeah on a point of law too. They have to get permission off SC judges also
Original post by .JC.
I'm doing the topics:

- Parliamentry law making
- Statuatory interpretation
- Sources of legal advice and funding

I have written out model answers on revision cards for every possible question. If anyone wants me to write out a model answer just ask.

Model answer for parliamentary sovreighty and outline of green and white paper please
Reply 44
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.JC.
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Original post by SunDun111
Model answer for parliamentary sovreighty and outline of green and white paper please


Parliamentary supremacy (sovereignty) is the idea that, as a democratically elected body, Parliament is the supreme law-making body in the country. The main elements are that Parliament has the right to make or unmake any law and that no-one has a right to override or set aside any Act of Parliament. Acts must be applied by the courts and override any judicial precedent, delegated legislation or previous Act of Parliament that covers that area of law. Parliament also has the power to change or cancel any law it has passed. Another aspect is the idea that no Parliament can bind its successors (i.e. no Parliament can make laws that will restrict law-making in future Parliaments). One limitation on parliamentary sovereignty is membership of the European Union (EU). EU law takes priority over conflicting laws in member states. The European Communities Act 1972 incorporates this principle into UK law. Even if Parliament passes an Act that conflicts with EU law, EU law must prevail, as shown in the Factortame case in 1990. But this limitation only applies to areas of law where EU law applies, which are mainly economic and social matters, and areas like criminal law are not affected.

[10 marks]

For green and white papers, we won't get a full 10 marker. It will be worth 5 marks, along with another topic for one 10 mark question.

Green papers are used to set out ideas for new legislation. They allow interested parties to comment and suggest alterations. Several green papers can be passed before a white paper is drafted. For example, the Court and Legal services Act 1990 was preceded by three green papers.

White papers are drafted as a final proposal of a piece of legislation, following the process as a green paper.
Original post by jackpethick
When can you appeal to the Court of Appeal and Supreme Court? (criminal courts and lay people)

-I think the SC is when it is a matter of public importance.



Can appeal from Magistates to COA if a point of law needs to be decided upon. Can appeal from Magistates to SC if a matter of public importance needs to be decided upon :smile: good luck!
Original post by .JC.
Parliamentary supremacy (sovereignty) is the idea that, as a democratically elected body, Parliament is the supreme law-making body in the country. The main elements are that Parliament has the right to make or unmake any law and that no-one has a right to override or set aside any Act of Parliament. Acts must be applied by the courts and override any judicial precedent, delegated legislation or previous Act of Parliament that covers that area of law. Parliament also has the power to change or cancel any law it has passed. Another aspect is the idea that no Parliament can bind its successors (i.e. no Parliament can make laws that will restrict law-making in future Parliaments). One limitation on parliamentary sovereignty is membership of the European Union (EU). EU law takes priority over conflicting laws in member states. The European Communities Act 1972 incorporates this principle into UK law. Even if Parliament passes an Act that conflicts with EU law, EU law must prevail, as shown in the Factortame case in 1990. But this limitation only applies to areas of law where EU law applies, which are mainly economic and social matters, and areas like criminal law are not affected.
Is that defo 10 marks, what about bill of rights? What about examples do you not need much detail?
[10 marks]

For green and white papers, we won't get a full 10 marker. It will be worth 5 marks, along with another topic for one 10 mark question. Is that defo 10? Don't you need to include examples e.g. Bill of rights and how they prevented king james off springs from becoming the next king/queen?

Green papers are used to set out ideas for new legislation. They allow interested parties to comment and suggest alterations. Several green papers can be passed before a white paper is drafted. For example, the Court and Legal services Act 1990 was preceded by three green papers.

White papers are drafted as a final proposal of a piece of legislation, following the process as a green paper.
are you sure that's 10 marks? Do you not need to mention bill of rights
Reply 47
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.JC.
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Original post by SunDun111
are you sure that's 10 marks? Do you not need to mention bill of rights


I'm pretty sure yes. I've never learnt bills of rights.
well in 12 hours time we would have been and sat the exams and talking about it on here so good luck guys
Original post by Harriet1998
Does anyone have any predictions for tomorrow. I know it's hard to predict but if you could I would be grateful? :smile:


Posted from TSR Mobile


Statutory Interpretation:
Internal/External Aids
Golden Rule
Adv/Disadv of Golden Rule OR another rule

Judicual Precedent:
Ratio Decidendi and Court Hierarchy/Law Reports
When can COA or Supreme Court avoid Precedent
Adv of Precedent

Criminal Courts/Lay People:
Role of Magistrates
Selection of Jurors
Adv and Disadv of Magistrates
Original post by .JC.
I'm pretty sure yes. I've never learnt bills of rights.


One more question pretty please ads and dis of purposive rule, I struggle with this. Thanks
Original post by SunDun111
One more question pretty please ads and dis of purposive rule, I struggle with this. Thanks


Good for new technology, can be used for a more general consideration of the law, covers more situations (Adv)

Refuses to follow parliament's words, judge's own views, uncertainty in Law (disadv) :smile:
Reply 52
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.JC.
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Original post by SunDun111
One more question pretty please ads and dis of purposive rule, I struggle with this. Thanks


Written them up in note form, easy to remember. Just beef it out a little in the exam

Advantages:

Avoids absurd, unjust outcomes, as was the case in Berriman.

Flexibility in allowing judges to apply law really intended by parliament, Jones v Boots Co.

Fill in gaps in legislation.

Takes into account changing times, RCN v DHSS

Saves parliament time and encourages the use of the law commission.

Breadth of approach allows judges to consider the purpose of the act.

Modern approach, used in EU law.


Disadvantages:

Can give too much powers on neglected judiciary, contradicting the idea of Parliamentry sovereignty.

Difficult to find parliaments true purpose.

Can lead to unpredictable results.

Relies on the judges interpretation of an act.


Basically identical to the Mischief rule, but instead of writing about EU law you mention Heydons Case.
Original post by Evafrancesca
Which specific rules of language are you thinking? E.g Ejusdem generis
Thanks


That came up last year. It'll either be noscitur a sociis or expressio unius est exclusio alterius this year only if they include it
Original post by theTeddyBearx
That came up last year. It'll either be noscitur a sociis or expressio unius est exclusio alterius this year only if they include it

Okay thanks & predictions for delegated legislation?
Reply 55
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.JC.
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Make sure you know the work of solicitors and barristers. Came up last year, was answered badly, odds on they will ask it again.
Original post by .JC.
Make sure you know the work of solicitors and barristers. Came up last year, was answered badly, odds on they will ask it again.

What are your predictions for parliamentary law making?
Reply 57
Avatar for SamiyaG
SamiyaG
Original post by .JC.
I'm doing the topics:

- Parliamentry law making
- Statuatory interpretation
- Sources of legal advice and funding

I have written out model answers on revision cards for every possible question. If anyone wants me to write out a model answer just ask.


Please give me model answers for parliamentary law making and statuary interpretation
Reply 58
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23six
7
..
(edited 8 years ago)
Reply 59
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.JC.
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How did everyone find that?

Very easy to be honest, expected a lot of those questions. Revised everything though so was prepared.

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