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Literal v purposive approach
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the difference between literal and purposive approach in a short summary this was one of my long marked questions. the points are brief and easy to remember
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Civil –The part of the law that surround business contracts, estates, domestic (family)
relations, accidents, negligence, and everything related to legal issues, statutes
and law suits, that is not criminal law. (Complainant v defendant)
County court – most cases are heard here
High court – complex family disputes – claiming over £50,000
Small claims court - Claiming less than £50,000
Can order parties to take action – repay money and pay damages etc.
Criminal –
Deal with offences against the criminal law
Crimes such as robbery, murder, fraud and even dropping litter or speeding
Prosecuted by the crown
Prosecutor v defendant
Jury included
Crown court - Deals with serious criminal offences, such as murder
Magistrate court - Qualified, appointed by the crown, decide verdict and
sentence
Prison, fine or community service - Cannot order sentences of imprisonment that
exceed 6 months or fines over £5,000
Youth court –
10-17 year olds
Takes account of defendant’s age
Serious crimes may be heard in crown court e.g. homicide or rape cases
Not open to general public – only those directly involved
Detention or training up to 2 years – sentence
Crown prosecution service –
Decide whether criminal proceedings – started by police – should progress to
court. If they proceed – barrister arranges – witnesses, prepare and conduct
court proceedings
Divisions –
The family division – deals with divorce, child welfare, administration of wills
, The chancery division – complex matters, dispute about wills, settlement,
bankruptcy, and land
The Queen’s Bench division – deals with remaining business, contracts, torts or
land
Appeals –
The court of appeal criminal divisions –appeals from crown court
The court of appeal civil division – appeals from high court
House of Lords – final court of appeal for all UK courts, heard by 3 senior judges
The European court of justice – appeals from highest court of European Union
member states
Law making process –
Green paper – suggest a new law – feedback and suggestions given
White paper – firm outline for a new law using suggestions from green paper
First reading – bill introduced in the house of commons and ready by MP’s
Second reading – bill is debated & discussed, then voted on if it should progress
Committee stage – 15-50 MP’s examine the bill and suggest changes
Report stage – committee report back to HOC of changes
Third reading – amended bill is voted on in HOC by MP’s pass or reject -> HOL
Lord stage – same process as HOC can amend but cannot stop bill from
becoming a law – Parliament act 1911 and 1949. Usually compromise or
agreement is made apart from – Hunting act 2004 – HOL did not agree
Royal assent – queen signifies approval by giving royal assent – bill has become
a law – at midnight of the day. Queen never refuses even though she has the
power to do so, other than one occasion – Scottish Militia bill
Legislative process advantages –
A lot of scrutiny – thorough process – 10 stages, 1300 people – several
opportunities to amend – committee stage – green and white allows public to
amend and suggest feedback e.g. policing in 21 st century act
Seen as democratic – HOC – elected by public, they have a lot of power –it allows
them to fulfil their manifesto to public – green white paper process is also seen
as democratic as it is – reflecting views of the public e.g. the abortion act 1967 -
& in 2006 – the Government listened to the public and medical professionals to
ensure that smoking public places came to a complete ban
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