Key terms Flashcards
(40 cards)
Describe the literal rule
The judge interprets words of the statute literally using their ordinary meaning.
What is the case for the literal rule?
London NE Railways v Berriman
What are the two aspects of the Golden rule?
The narrow and the broad approach
Describe the narrow approach
If a word has multiple meanings the judge chooses the one that leads to the least absurd results
What is the case for the narrow approach?
R v Allen
Describe the broad approach
When the meaning of the word would lead to absurd results the judge can alter the meaning to ensure a fair outcome
What is the case for the broad approach?
Sigworth
Describe the mischief rule
A judge will look at the ‘mischief’ the statute aimed to remedy and interpret the words in order to remedy this mischief.
What is the case for the mischief rule?
Smith v Hughes
Describe the purposive approach
Judge attempts to understand the purpose of the statute and interpret the words in line with what the law wanted to achieve
What’s the case for the purposive approach?
R v Registrar Ex-parte smith
What are internal aids?
Contained inside of the statute that help the judge interpret the words.
What are some examples of internal aids?
Headings, Schedules
What are external aids?
Found outside a statute that judges use to interpret the words.
What are some examples of external aids?
Dictionaries, Hansard
What is stare decisis?
“To stand by things said” lower courts are bound by the decisions of the lower courts
What is ratio decidendi?
“The rationale for the decision” the judges reasoning behind their decision. This is a binding precedent future judges will have to follow.
What is orbiter Dicta ?
“Things said in passing” comments a judge says during a trial that dont count towards the ratio. Pursuasive precedent so not binding .
What is a practice statement?
Gives the Supreme Court the ability to change their past decisions when they think it’s right.
What cases do we use for practice statements?
British Railways Board v Herrington to overrule Addie v Dumbreck
What is the rule in young v bristol?
There are three circumstances only where the court of appeal aren’t bound by their past decisions.
Define Following
If a judge deems a previous precedent is relevant he must follow that.
What are those three circumstances?
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)
Define distinguishing
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.
