Legal System of England and Wales

Question 1

What are the four rules of interpretation?

Answer 1

1. Literal rule
2. Golden rule
3. Mischief rule
4. Purposive rule

Question 2

What is the purpose of the golden rule?

Answer 2

To smooth out the edges of absurd results of the literal rule, by using a different meaning of the word

Question 3

What will the court do under the mischief rule?

Answer 3

Look at the problem the statute was designed to remedy, and adapt the word of the statute to achieve this result

Question 4

What are the four Latin rules of language in interpretation?

Answer 4

1. Expressio unius est exclusio alterius
2. Noscitur a sociis
3. In pari materia
4. Ejusdem generis

Question 5

What is the translation of expressio unius est exclusio alterius and what is the effect of this rule of language?

Answer 5

Expression of one thing is the exclusion of another.

If one or more things of a class are expressly mentioned in a statute, things not mentioned are excluded.

Question 6

What is the effect of noscitur a sociis?

Answer 6

A word will be interpreted in the context of the other words in the section/statute

Question 7

What is the translation of in pari materia and what is the effect of this rule of language?

Answer 7

Upon the same matter/subject

Where there is another statute on the same subject as the one in question, that other statute can be looked to to resolve ambiguities.

Question 8

What is the translation of ejusdem generis and what is the effect of this rule of language?

Answer 8

Of the same type

If a general word follows two or more specific words, the general word will only apply to items that are like the specific words.

Question 9

Although similar, what is the difference between noscitur a sociis and ejusdem generis?

Answer 9

Noscitur a sociis concerns interpreting ambiguous words in the context of other words used in the section or statute generally.

Ejusdem generis concerns interpreting a general word (e.g. automobile) which follows specific words (e.g. car and van) in the context of those land-based vehicles and excluding e.g. planes or boats.

Question 10

What are the four rebuttable presumptions used when interpreting law?

Answer 10

Presumption:

1. Against allowing statutes to alter common law
2. Against removing the court’s jurisdiction
3. That ambiguity in a criminal case will fall in favour of the defendant, and
4. That statutes cannot be retrospectively applied

Question 11

What topics does the full Legal System of England and Wales deck contain, and how do I access it?

Answer 11

The full deck contains 35 flashcards dealing with the SRA syllabus:

• Statutory Interpretation;
• Court Structure;
• Appeals;
• System of Precedent.

Access is currently £25 per full subject, e.g. Legal System of England and Wales, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.