Authorities Flashcards

1
Q

The literal approach

A

Engineers Case 1920

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2
Q

The golden rule

A

Grey v Pearson 1857

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3
Q

The mischief rule

A

Heydons case 1584

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4
Q

The literal rule of construction

A

Mills v Meeking 1990

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5
Q

Courts cannot ignore a word in an act

A

R v L 1994

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6
Q

Can courts correct errors in the act?

A

Taylor v Owners

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7
Q

The purpose of legislation

A

Lacey v AG (qld) 2011

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8
Q

Unreasonable consequences

A

Barton Case 1957

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9
Q

The contextual approach

A

CIC Insurance Case 1997

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10
Q

All words carry meaning

A

Project Blue Sky 1998

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11
Q

Words are presumed to be used consistently throughout an act

A

Wilson Case 1986

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12
Q

Words are presumed to carry their current meaning

A

Deputy commissioner of Taxation v Clark 2003

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13
Q

Noscitur a sociis

A

R v Ann Harris 1836

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14
Q

Expressio unius est exclusio alterius

A

Wiesengrund [1955]

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15
Q

For the purpose of an act, ordinary words may be given specific meaning

A

Fisher v Bell [1961]

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16
Q

Dictionaries may be used in a non-conclusive way to define words of an act

A

State chamber of commerce and industry v commonwealth 1987

17
Q

Terra nullius

Relationship with sovereignty over the settled land

A

Cooper v Stuart 1889

18
Q

Native title post

A

Mabo;

Wik peoples v Queensland 1996

19
Q

Noscitur a sociis (meaning - not authority)

A

A thing is known by its associates.

Use if there is no pattern in the words

20
Q

Ejusdem generis (meaning - not authority)

A

Of the same kind

Domestic pets example

21
Q

Expressio unius

{est exclusio alterius} (meaning - not authority)

A

The mention of one thing is the exclusion of another

22
Q

Procedural fairness

A

Kioa 1985

23
Q

Generalia specialibus

{non derogant}
meaning

A

General provisions do not override specific provisions

24
Q

The words of a minister must not be substituted for the text of the law

A

Bolton 1987

25
Q

Parliament does not interfere with fundamental rights

A

Coco 1994

26
Q

All criminal offences have some form of mens rea

A

He Kaw Teh 1985

27
Q

Penal provisions are strictly construed

A

Beckwith 1976

28
Q

Statutes do not operate restrospectively

A

Rodway 1990