1. Statutory Interpretation

Question 1

What are the 4 rules of interpretation?

Answer 1

1.Literal Rule
2. Golden Rule
3. Mischief Rule
4. Purposive Rule

Question 2

What will the Court do under the Literal Rule?

Answer 2

Apply the words written, as long as they have a clear meaning

Question 3

Under the literal rule, what meaning do the words get when there is ambiguity?

Answer 3

Their clear meaning, even if the result is absurd

Question 4

Under the literal rule, if the words are clear, must they still be applied as written even if the intention of the legislator was different?

Answer 4

Yes

Question 5

What is the purpose of the Golden Rule?

Answer 5

To smooth out the edges of absurd results of the literal rule, by using a different meaning of the word

Question 6

What will the Courts do under the mischief rule?

Answer 6

Look at the problem the statute was designed to remedy and adapt the word of the statute to achieve this result

Question 7

What will the courts do under the purposive rule?

Answer 7

Look at why the statute exists and what it hopes to achieve

Question 8

What are the 4 rebuttable presumptions used when interpreting law?

Answer 8

Presumption:
1. Against allowing statutes to alter common law
2. Against removing court jurisdiction
3. That ambiguity in a criminal case will fall in favour of the defendant
4. The statutes cannot be retrospectively applied