1. Statutory Interpretation Flashcards
What are the four rules of interpretation?
- Literal rule
- Golden rule
- Mischief rule
- Purposive rule
What will the court do under the literal rule?
Apply the words as written, as long as they have a clear meaning
Under the literal rule, what meaning do words get when there is any ambiguity?
Their clear meaning, even if the result is absurd
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?
Yes
What is the purpose of the golden rule?
To smooth out the edges of absurd results of the literal rule, by using a different meaning of the word
What will the court do under the mischief rule?
Look at the problem the statute was designed to remedy, and adapt the word of the statute to achieve this result
What will the court do under the purposive rule?
Look at why the statute exists and what it hopes to achieve
What are the latin four rules of language in interpretation?
- Expressio unius est exclusio alterius
- Noscitur a sociis
- In pari materia
- Ejusdem generis
What is the translation of expressio unius est exclusio alterius and what is the effect of this rule of language?
Expression of one thing is the exclusion of another.
If one or more things of a class are expressly mentioned in a statute, things not mentioned are excluded.
What is the effect of noscitur a sociis?
A word will be interpreted in the context of the other words in the section/statute
What is the translation of in pari materia and what is the effect of this rule of language?
Upon the same matter/subject
Where there is another statute on the same subject as the one in question, that other statute can be looked to to resolve ambiguities.
What is the translation of ejusdem generis and what is the effect of this rule of language?
Of the same type
If a general word follows two or more specific words, the general word will only apply to items that are like the specific words.
Although similar, what is the difference between noscitur a sociis and ejusdem generis?
Noscitur a sociis concerns interpreting ambiguous words in the context of other words used in the section or statute generally.
Ejusdem generis concerns interpreting a general word (e.g. automobile) which follows specific words (e.g. car and van) in the context of those land-based vehicles and excluding e.g. planes or boats.
What are the four rebuttable presumptions used when interpreting law?
Presumption:
- Against allowing statutes to alter common law
- Against removing the court’s jurisdiction
- That ambiguity in a criminal case will fall in favour of the defendant, and
- That statutes cannot be retrospectively applied
