Legislation and Interpretation Flashcards
A recent Act of Parliament extensively revises the law of contract.
How would you most easily ascertain from the new Act which earlier statutes it expressly repeals?
By studying the schedules to the Act.
This may give an indication of the purpose of the Act, but no details of the statutes repealed.
You have received an inquiry from a new client who has read in today’s newspaper that new legislation which affects their case has just been passed. The client has made an appointment to see you later today because they wish to start proceedings under the new law immediately.
Will you be able to ascertain from the new Act, before seeing the client, whether the relevant provisions have come into force?
Yes, by referring to any commencement provisions.
It may contain specific provisions relating to commencement. If there are no such provisions, the Act will come into effect on the date of Royal Assent.
During a trial, a judge is asked to interpret a relevant provision of a recent statute. It is argued that the provision is ambiguous, and that it had been made clear during the passage of the statute through Parliament that the provision in question was never intended to apply to the particular set of circumstances in the case before the court.
Which of the following aids to statutory interpretation would best assist the judge?
Reference to Hansard to consider the record of proceedings relating to the legislation.
In a criminal trial, the prosecution argues that, under the relevant statutory provisions, the defendant is guilty although the alleged offence predates the statute. The defendant is pleading not guilty and argues that the prosecution has misinterpreted Parliament’s intentions.
Which one of the following presumptions will apply when the judge is interpreting the statute in this case?
The presumption that a statute is not retrospective.
Unless specifically stated, there is a presumption that if an act is lawful when it was carried out it cannot be retrospectively made unlawful.
A trainee lawyer is researching how an Act of Parliament is created and has now identified the stages involved.
Which one of the following statements correctly sets out the chronological order of these stages?
First Reading, Second Reading, Committee Stage, Report Stage, Third Reading.
In a civil case being heard by a court, the construction of a relevant statutory provision is in issue. There are two possible ways of construing of the provision; one is broadly favourable to the claimant and the other is broadly favourable to the defendant.
Which one of the following statements best describes what, if any, presumption will apply in this situation?
There is no presumption which should be applied by the court in these circumstances, given the type of the case.
Although a presumption can apply in some circumstances, no presumption of this nature is applicable in this instance.
