advantages + disadvantages of staturory approach Flashcards

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1
Q

Advantage and disadvantage of literal rule

A
  • A, easier to predict how judges will interpret the law

- D, can lead to unfair and unjust decisions

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2
Q

advantages and disadvantages of the narrow approach for the golden rule

A
  • A, it’s the easiest approach and it allows judges to choose the most sensible meaning
  • D, can only be used in limited situations
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3
Q

Advantages and disadvantages of the broad approach for the golden rule

A
  • A, avoid worst problems of literal rule

- D, uncertain as we don’t know when judges will use it so lawyers cannot advise their clients

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4
Q

advantages and disadvantages of the mischief rule

A
  • A, fills in the gaps in law which produces a just result

- D, can make law uncertain

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5
Q

advantages and disadvantages of the purposive approach

A
  • A, It allows new development in technology

- D, allows judges to make laws

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