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LAW-Statutory Interpretation > Intrinsic Aids > Flashcards

Intrinsic Aids Flashcards

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1
Q

What are Intrinsic Aids ?

A

These are matters within the statute itself that may help to make its meaning clearer

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2
Q

What are 4 examples of intrinsic aids?

A
  • Long and short title of the act
  • Section headings
  • Preamble
  • Marginal Notes
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3
Q

What type of statutes usually have a preamble?

A

older statutes

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4
Q

What do older statutes preamble set out?

A

Parliament’s purpose in enacting that statute

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5
Q

Do modern statutes have a preamble?

A

they either do not have a preamble or contain a very brief one

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6
Q

What is an example of a modern Act which has a preamble?

A

the Theft Act 1968

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7
Q

The Theft Act 1968 is an example of a modern Act which is a preamble, what does it state ?

A

states that it is an Act to modernise the law of theft

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8
Q

What do preambles in older Acts help mind ?(2)

A

-the mischief
or
-the purpose

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9
Q

In the cases of modern Acts , why is it more useful to look at the long title than a brief preamble ?

A

as the preamble are of limited use as they are so brief

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10
Q

What do marginal notes explain?

A

They explain different sections

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11
Q

What are marginal notes generally regarded as?

A

Parliaments intention as they will have been inserted after the parliamentary debates and are only helpful comments put in by the printer

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12
Q

Who inserts marginal notes?

A

the draftsman

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13
Q

When does the draftsman insert marginal notes?

A

when the Act goes for printing

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14
Q

Why does the draftsman insert marginal notes when the Act goes for printing?

A

it is intended as a useful reference to aid interpretation

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15
Q

What should be followed when contradictions exist between the actual wording of the statute and the marginal notes?

A

the wording of the Act should always be followed

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16
Q

What 2 types of intrinsic aids are inserted by the draftsman?

A
  • marginal notes

- headings

17
Q

What is the present law on marginal notes, headings and similar elements. set out in the Interpretation Act 1937?

A

courts are excluded from examining the marginal notes, headings and other similar elements of an Act in the interpretation of one of its provisions.

18
Q

What Act excludes marginal notes, headings and other similar elements of an Act in the interpretation of its provisions?

A

Interpretation Act 1937

19
Q

Although the Interpretation Act 1937 excludes marginal notes, headings and other similar elements of an Act in the interpretation of one of its provisions, how can the courts use them?

A

marginal notes would be of assistance to the courts in establishing the context of a provision

20
Q

How can the long title in an Act be used as an Intrinsic Aid?

A

The long title can be used to give clues as the meaning of words used in the Act

21
Q

Give an example of an Act where the long title as opposed to the short title could be used to give clues as the meaning of words used in the Act ?

A

An example is the Law of Property Act 1925 where the short title gives very little away. The long title is rather more useful is stating that it is, ‘An act to consolidate the enactments relating to Conveyancing and The Law of Property in England and Wales’

22
Q

What was the long title of the Law of Property Act 1925?

A

“an act to consolidate the enactments relating to Conveyancing and the Law of Property in England and Wales”

23
Q

should punctuation be an intrinsic aid?

A

Punctuation can and should be taken into account by judges in interpreting statutes

24
Q

What do schedules provide as an intrinsic aid?

A

Schedules provide additional information or appendices to be considered in relation to an Act.

25
Q

Give an example of a case where schedules were used as an intrinsic aid

A

The Postal Services Act 2000 contained a schedule describing the composition and appointment procedures relating to the new Postal Services Commission

26
Q

What did the schedule in the Postal Services Act 2000 describe?

A

the composition and appointment procedures relating to the new Postal Services Commission

27
Q

What is an example of an old preamble which gives further information about the purposes of the Act ?

A

the Parliament Act 1911

LAW-Statutory Interpretation (10 decks)

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