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#law tort law and law making > #Exam 2- Statutory Interpretation > Flashcards

#Exam 2- Statutory Interpretation Flashcards

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1
Q

What are the main reasons for statutory interpretation

A 
Broad terms in act of Parliament 
Ambiguity 
A drafting error 
New development in technology 
Changes In use of language
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2
Q

What does it mean when something has a broad term

A

The word or term used may be designed to cover several possibilities ie the dangerous dogs act “ any type of dog known as a pit bull terrier”

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3
Q

What does ambiguity of a word mean

A

It has two or more meanings making it unsure what one should be used

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4
Q

What is a drafting error

A

The draftsman who prepared the original bill may not have noticed the errors

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5
Q

How do new developments mean there needs to be statutory interpretation

A

New technology means that old acts of Parliament does not cover present day situations- ie abortion act didn’t cover modern forms of abortion

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6
Q

How does changes in language affect statutory interpretation

A

It means the meaning of the word at the time of being drafted is different to to what it is now

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7
Q

What are the three rules of interpretation

A

The literal rule
The golden rule
The mischief rule

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8
Q

What may occur if different judges over hear your case

A

They may decide something different as they may use different rules

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9
Q

What is the literal rule

A

When judges use the words plain and ordinary dictionary meaning

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10
Q

What are the three cases showing the literal rule

A

Whiteley v Chappell
London& NE railway Co v Berrimam
Cheeseman v DPP

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11
Q

What happened in whiteley v Chappell

A

Dispute over words “entitled to vote”

Court found man not guilty even though he had an impersonated a dead man for his vote

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12
Q

What happened in London& NE railway Co v Berrimam

A

“Relaying” and “repairing”

These words were in dispute- court took their literal meaning and found he was only maintaining the tracks

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13
Q

What happened in cheeseman V DPP

A

“Passenger”

Man was not liable for masturbating in public as police were not classed as passengers

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14
Q

What is the golden rule

A

A modification of the literal rule where meaning of the words is looked at but can modified to avoid absurd result

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15
Q

What cases show the golden rule

A

Alder v George

Re wigs worth

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16
Q

What happened in alder v George

A 
“In the vicinity”
Man has caused a obstruction In a prohibited place- he argued that it doesn’t class as in the vicinity
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17
Q

What happened in Re Sigsworth

A

No ambiguity in words of act however court was not prepared to allow a person who murdered their mother for her inheritance to get that inheritance

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18
Q

What is the mischief rule

A

When judges look at what the original act had intended to prevent - what “mischief” to suppress

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19
Q

What cases show the mischief rule

A

Smith v Hughes

Royal college of nursing v DHSS

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20
Q

What happened in Smith V Hughes

A 
“In a street or public place”
Prostitution is still illegal when calling from doorways windows and balcony- they still class as a public place
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21
Q

What happened in royal college of nursing v DHSS

A

“Terminated medical practitioner”

At the time this was only a doctor however the 2nd part of an abortion could be carried out by a nurse. The court held that this was still legal as it prevented mischief of illegal abortions

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22
Q

What is the purposive approach

A

The courts look to see what was the purpose of the law passed by Parliament

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23
Q

What cases show the purposive approach being used

A

R v Registrar- General, ex parte smith

R v Human Fertilisation and embryology authority

24
Q

What happened in R v Registrar- General, ex parte smith

A

“Shall supply”

Man who had previously murdered 2 people had asked to see his birth certificate to find his birth mother, court ruled that parliament did not intended for the mother to be in any unnecessary danger

25
Q

What happened in R v Human Fertilisation and embryology authority

A

Court had to decide whether organisms created through CNR were classed as “embryos” - they ruled that it did

26
Q

What are the advantages of the literal rule

A

Follows wording of Parliament
Prevents unelected judge making law
Makes the law more certain
Easier to predict judges interpretation

27
Q

What are the disadvantages of the literal rule

A

Not all acts are drafted perfectly
More then one meaning
Lead to absurd and unjust results

28
Q

What are the advantages of the golden rule

A

Respects the words of Parliament
Allows judge to choose the most sensible meaning
Avoids worst issues of the literal rule

29
Q

What are the disadvantages of the golden rule

A

Can only be used in limited situations
Not possible to predict when courts will use it
It is a feeable parachute ( it is an escape route)

30
Q

What are the advantages of the mischief rule

A

Deals with the mischief Parliament was trying to stop
Fills in the gaps of the law
Produces a just result

31
Q

What are the disadvantages of the mischief rule

A

Risk of judicial law making
Not as wide as purposive approach
Limited to looking back at old law
Can make law uncertain

32
Q

What are the advantages of the purposive approach

A

Leads to justice in individual cases
Allows for new developments in technology
Avoids absurd outcomes

33
Q

What are the disadvantages of the purposive approach

A

Difficult to find Parliaments attention
Allows judges to make law
Leads to uncertainty in the law

34
Q

what are the rules of language to help with interpretation

A

the ejusdem generis rule
expressio unius- express mention of one thing excludes others
noscitur a sociis- a word is known by the company it keeps

35
Q

what is the ejusdem generis rule

A

general words interpreted alongside the specific ones

36
Q

how does Hobbs v CG Robertson Ltd show the ejusdem generis

A

held that brick did not come under the general words of “stone, concrete, slag”

37
Q

how does allen v emmerson show the general rule

A

funfair was not the same as “theatres and other places of amusement”

38
Q

what does expressio unius exclusion alterius mean

A

the express mention of one thing excludes another,

only accounts for things listed in act

39
Q

expressio unius is shown in which case and what happened in it

A

Tempest v Kilner

“goods, wares and merchandise” stocks therefore not accounted for

40
Q

Noscitur a sociis is

A

when words are interpreted by the words and context of the sentence

41
Q

Inland revenue commissioners v frere

A

other annual interest was stated later in act and therefore the “interest” would held to be annual

42
Q

what are the two aids to interpretation

A

intrinsic and extrinsic

43
Q

what are intrinsic aids

A

matters within an act itself, eg old laws have preamble , headings of a section, marginal notes

44
Q

harrow LBC v shah and shah

A

the act as a whole showed that the crime was strict liability

45
Q

advantages of intrinsic aids

A

law clearer- parliament intention
preamble was helpful
some ones have definition eg the theft act

46
Q

disadvantages of intrinsic aids

A

not included in modern statutes
some headings are placed there by printers
definitions aren’t always present- theft act and “dishonesty”

47
Q

what are the two extrinsic aids

A

the dictionary and hansard

48
Q

what is hansard

A

official report of what was said during debates

49
Q

how are dictionaries used

A

they use ones from the time so we can be sure what is mean’t by parliament

50
Q

advantages of Hansard

A

makes law clear
shows issue of why law come to be
can be referenced to get good outcome

51
Q

Disadvantages of hansard

A

what was said may not make words clear
ministers may not be clear
expensive to go through what was said

52
Q

advantages of law reform reports as an aid

A

considerably prepared
set out why there is a proposed change
finds intention of parliament has a draft bill

53
Q

disadvantages of law reform reports as an aid

A

bills can change in process
not fully accepted by parliament
true meaning of eu law can be lost

54
Q

how has EU law impacted SI

A

EU law uses purposive approach:
interpreting national law in addition alongside aim of EU law
made our judges also use purposive approach

55
Q

how has the HRA impacted SI

A

Legislation must be read so that it accounts for the European convention on Human Rights
Mendoza v Ghaidan

#law tort law and law making (12 decks)

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