English legal system Flashcards
Extrinsic aids
What are extrinsic aids ?
These are the matters which are outside the act , which are external which can help the meaning of the act .
What are some examples of extrinsic aids?
Earlier case law
Dictionaries of the time
The historical setting
Previous acts of parliament on the same topic
What are intrinsic aids?
These are the matters within the statute itself that may help to make its meaning clearer.
What are some examples of instrinsic aids?
Preambles to the acts
Headings
Marginal notes
Definition sections
Interpretation section
Fisher v bell?
The court used the literal rule they
Pointed out that there is a legal definition of the words “offer for sale” in contract law . This meaning does not include where goods are displayed on a shop window in contract law this is an invitation to treat .
What is the literal rule?
A rule of statutory interpret that gives the words their plain ordinary meaning even if the outcome is not sensible. This idea was in R v judge of the city of London court 1892 .
What case used the literal rule ?
Whitley v Chappell 1868 using the literal made the outcome absurd it can also lead to harsh decisions the defendant was charged under a section which made it an offence to impersonate he pretended too be a person whose name was on the voters list but who had died . The court held that the defendant was not guilty since a dead person is not entitled to vote in the literal meaning of the word.
What is the golden rule
A rule of statutory interpretation is it is a modification of the literal rule and avoids an interpretation which would result in absurd.
What are the two views on how the golden rule should be used ?
The first one is very narrow and the court only may choose between the possible meanings of the word or phrase there must only be one meaning taken.
The second and wider application of the golden rule is where the words have only one clear meaning but the meaning would lead to a repugnant situation.
Which case used the narrow view of the golden rule ?
Adler v George 1964 the official secrets act made it an offence to obstruct
Her majesty’s forces in the vicinity of a prohibited place . The defendants had obstructed HM forces actually in a prohibited place they argued they were not guilty as the literal wording of the act did not apply to anyone in a prohibited place it only applied to those in vicinity ie outside but not close to it. The divisional court found them guilty as it would be absurd if those causing an obstruction outside the prohibited place were guilty but Anyone inside it was not the words should be as being in or in the vicinity of the prohibited place.
What was an example of of the wider application of the golden rule ?
Re sigsworth 1935 in this case the son had murdered his mother. The mother had not made a will so normally her estate would have been inherited by her next of kin according to the rules set out in administration of justice act 1925 this meant the sun would of inherited as her ‘ issue’ .
There was no ambiguity in the words of the act, but the court was not prepared to let a murder benefit from his crime so it was held that the literal rule should not apply. The golden rule would be used to prevent the repugnant situation of the sun inheriting
What is the mischief rule ?
The mischief rule is said that the courts should consider these four point as it give the judge more discretion:
What was the common law before the making of the act ?
What was the mischief and defect
