Golden Rule

Question 0

Where is the golden rule said to have its origins

Answer 0

Becke v smith

Question 1

It evolves from this rule

Answer 1

Literal rule

Question 2

What did becke v smith state

Answer 2

Words of an act should be taken literally but can be modified of varied to avoid inconsistency or a repugnant outcome

Question 3

Why would a judge use this rule

Answer 3

If they see the literal rule would lead to absurdity and they want to avoid it

Question 4

The golden rule uses these types of interpretation

Answer 4

Narrow and wide

Question 5

When is narrow interpretation used

Answer 5

When there is ambiguity in the words

Question 6

The narrow interpretation can only be used if there is a choice of

Answer 6

Interpretation

Question 7

Which case did the narrow interpretation stem from

Answer 7

Jones v DDP when Lord Reid defined the golden rule in becke v smith

Question 8

What can a court do within the statute to avoid absurdity

Answer 8

Modify the meaning within

Question 9

When is the wider interpretation used

Answer 9

To avoid a repugnant decision

Question 10

The wider interpretation avoids a result that is

Answer 10

Obnoxious to the principles of public policy even when the words have only one meaning

Question 11

Name 3 cases for golden rule

Answer 11

1) r v Allen
2) Re. sigsworth
3) Adler v George

Question 12

Which case used narrow interpretation

Answer 12

R v Allen

Question 13

In r v Allen the statute was word ambiguously so it made It impossible for anyone

Answer 13

To commit bigamy as no one who was married could be contractually married to another

Question 14

Why did Allen appear to not be a bigamist (why was his second marriage not legal )

Answer 14

When he married the second women, the contract could not be binding hence no legal marriage

Question 15

In r v Allen how did the judge interpret ‘marry’

Answer 15

It could be interpreted as to go through a marriage ceremony

Question 16

What was the result of the golden rule in r v Allen

Answer 16

Since he went through the ceremony he was married twice so he was a bigamist

Question 17

Which case used the wider interpretation

Answer 17

Re sigsworth

Question 18

What happened

Answer 18

The son murdered his mother and was trying to claim her inheritance

Question 19

How did the court use the wider interpretation

Answer 19

Said the a murdered would not be able to benefit from the proceeds of her estate when she had died intestate

Question 20

What does a judge bring an element of when using the golden rule

Answer 20

Subjectivity

Question 21

Who described the golden rule as a feeble parachute

Answer 21

Michael zander

Question 22

3rd case for the golden rule

Answer 22

Adler v George

Question 23

Which act was in question

Answer 23

Official secrets act which made it an offence to obstruct her majesty’s force in the vicinity of a prohibited place

Question 24

What did d do in Adler v George to argue he was not guilty

Answer 24

He obstructed in the prohibited place and therefore said he was not in the vicinity but in which the act did not cover

Question 25

Was d in Adler v George found guilty

Answer 25

Yes to avoid absurd outcome