Golden Rule Flashcards

0
Q

Where is the golden rule said to have its origins

A

Becke v smith

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1
Q

It evolves from this rule

A

Literal rule

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2
Q

What did becke v smith state

A

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

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3
Q

Why would a judge use this rule

A

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

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4
Q

The golden rule uses these types of interpretation

A

Narrow and wide

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5
Q

When is narrow interpretation used

A

When there is ambiguity in the words

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6
Q

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

A

Interpretation

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7
Q

Which case did the narrow interpretation stem from

A

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

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8
Q

What can a court do within the statute to avoid absurdity

A

Modify the meaning within

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9
Q

When is the wider interpretation used

A

To avoid a repugnant decision

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10
Q

The wider interpretation avoids a result that is

A

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

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11
Q

Name 3 cases for golden rule

A

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

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12
Q

Which case used narrow interpretation

A

R v Allen

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13
Q

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

A

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

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14
Q

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

A

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

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15
Q

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

A

It could be interpreted as to go through a marriage ceremony

16
Q

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

A

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

17
Q

Which case used the wider interpretation

A

Re sigsworth

18
Q

What happened

A

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

19
Q

How did the court use the wider interpretation

A

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

20
Q

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

A

Subjectivity

21
Q

Who described the golden rule as a feeble parachute

A

Michael zander

22
Q

3rd case for the golden rule

A

Adler v George

23
Q

Which act was in question

A

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

24
What did d do in Adler v George to argue he was not guilty
He obstructed in the prohibited place and therefore said he was not in the vicinity but in which the act did not cover
25
Was d in Adler v George found guilty
Yes to avoid absurd outcome