Key terms

Question 1

Describe the literal rule

Answer 1

The judge interprets words of the statute literally using their ordinary meaning.

Question 2

What is the case for the literal rule?

Answer 2

London NE Railways v Berriman

Question 3

What are the two aspects of the Golden rule?

Answer 3

The narrow and the broad approach

Question 4

Describe the narrow approach

Answer 4

If a word has multiple meanings the judge chooses the one that leads to the least absurd results

Question 5

What is the case for the narrow approach?

Answer 5

R v Allen

Question 6

Describe the broad approach

Answer 6

When the meaning of the word would lead to absurd results the judge can alter the meaning to ensure a fair outcome

Question 7

What is the case for the broad approach?

Answer 7

Sigworth

Question 8

Describe the mischief rule

Answer 8

A judge will look at the ‘mischief’ the statute aimed to remedy and interpret the words in order to remedy this mischief.

Question 9

What is the case for the mischief rule?

Answer 9

Smith v Hughes

Question 10

Describe the purposive approach

Answer 10

Judge attempts to understand the purpose of the statute and interpret the words in line with what the law wanted to achieve

Question 11

What’s the case for the purposive approach?

Answer 11

R v Registrar Ex-parte smith

Question 12

What are internal aids?

Answer 12

Contained inside of the statute that help the judge interpret the words.

Question 13

What are some examples of internal aids?

Answer 13

Headings, Schedules

Question 14

What are external aids?

Answer 14

Found outside a statute that judges use to interpret the words.

Question 15

What are some examples of external aids?

Answer 15

Dictionaries, Hansard

Question 16

What is stare decisis?

Answer 16

“To stand by things said” lower courts are bound by the decisions of the lower courts

Question 17

What is ratio decidendi?

Answer 17

“The rationale for the decision” the judges reasoning behind their decision. This is a binding precedent future judges will have to follow.

Question 18

What is orbiter Dicta ?

Answer 18

“Things said in passing” comments a judge says during a trial that dont count towards the ratio. Pursuasive precedent so not binding .

Question 19

What is a practice statement?

Answer 19

Gives the Supreme Court the ability to change their past decisions when they think it’s right.

Question 20

What cases do we use for practice statements?

Answer 20

British Railways Board v Herrington to overrule Addie v Dumbreck

Question 21

What is the rule in young v bristol?

Answer 21

There are three circumstances only where the court of appeal aren’t bound by their past decisions.

Question 22

Define Following

Answer 22

If a judge deems a previous precedent is relevant he must follow that.

Question 22

What are those three circumstances?

Answer 22

1 - conflicting decisions in past cases.(they can choose which to follow)
2- if a Supreme Court decision overrules theirs they have to follow that one.
3- decision was made per incurriam (by mistake/carelessly)

Question 23

Define distinguishing

Answer 23

If the case facts in the present one are sufficiently different from that of the binding precedent, the judge can distinguish the case on its own facts.

Question 24

What are the cases for distinguishing?

Answer 24

Balfour v Balfour
And
Merit v Merit

Question 25

Define overruling

Answer 25

Judges of a higher court can overrule decisions from a lower court if they consider the legal principles wrong .

Question 26

What is the case for overruling?

Answer 26

Henley Byrne v Heller

Question 27

What is the rule of transferred malice?

Answer 27

Where the ‘D’ men’s Rea transfers from their intended victim to their actual victim.

Question 28

What is the case for transferred malice?

Answer 28

Latimer

Question 29

when does transferred malice not apply?

Answer 29

When the ‘D’ commits a different crime to what they intended.

Question 30

What is an advantage of the literal rule?

Answer 30

• its easier to predict what a judge will rule
• makes the meaning of the statute certain.

Question 31

What is a disadvantage of the literal rule?

Answer 31

• can lead to absurd and unjust decisions.
• words can have multiple meanings so this isn’t always the most appropriate rule to use.

Question 32

What is an advantage of the golden rule?

Answer 32

• most of the time respects the words of parliament.
• avoids the worst problems of the literal rule.

Question 33

What are the four points the court should consider when using the mischief rule?

Answer 33

1- what was the common law before making the act?
2- what was the mischief for which the common law did not provide?
3- what was the remedy parliament passed to cure the mischief?
4- what was the true reason for the remedy?

Question 34

what is the case that establishes the concerns in the mischief rule?

Answer 34

Heydon’s

Question 35

What is an advantage of the mischief rule?

Answer 35

• Allows judges to look back at gaps in the law that the act was designed to cover - avoids injustice.

Question 36

What is a disadvantage of the mischief rule?

Answer 36

• risk the judges may impose their own ideas. ‘
• considered outdated, made in the 16th century.

Question 37

What is an advantage of the purposive approach?

Answer 37

• leads to justice in certain cases.
• avoids absurd decisions.

Question 38

What is a disadvantage of the purposive approach?

Answer 38

• leads to uncertainty in the law
• difficult to find parliaments intention.

Question 39

What is judicial precedent?

Answer 39

Past decisions of judges creates law for future judges to follow.