mischief rule

Question 1

why do we need for statutory interpretation

Answer 1

bc where complexity and uncertainty arises as to hoe the law applies in a given situation

Question 2

a broad term in statutory interpretation

Answer 2

words use to cover several possibilities

Question 3

ambiguity in statutory interpretation

Answer 3

a word may have two or more meaning

Question 4

a drafting error in statutory interpretation

Answer 4

when the bill was drafted the error was not noticed

Question 5

wording is inadequate in statutory interpretation

Answer 5

a printing error or a word has a wide meaning

Question 6

new development in statutory interpretation

Answer 6

the act does not fit modern day situations

Question 7

changes in the use of language in statutory interpretation

Answer 7

a word no longer means what it used to

Question 8

certain word arent used in statutory interpretation

Answer 8

the person drafting leaves out words they feel will be implied, the person reading the act does not realise this

Question 9

failure to cover a certain point in statutory interpretation

Answer 9

a certain situation was omitted

Question 10

what do you look for in the mischief rule

Answer 10

look at the gap or mischief the act was intended to address

Question 11

what happen in smith v hughes 1960 (hint: prostitutes)

Answer 11

the defendants were prostitutes who had been charged under the street offences act 1959
‘offence to solicit in a pubic place’ then soliciting from private premises in windows or on balconies so could be seen by the public

Question 12

what happen in royal college of nursing v DHSS 1981

Answer 12

the college brought an action challenging the legality of the involvement of nurses in carrying out abortions. the offences against the person act 1861 makes it an offence for an person to carry out an abortion. abortion act 1967 provided that it would be an absolute defence for a medically registered practitioner to carry out abortions provided certain conditions were satisfied

Question 13

held in royal college of nursing v DHSS 1981

Answer 13

it was legal for nurses to carry out such abortion. the act was aimed at doing away with back street abortions where no medical care was available. the actions of the nurses were therefore outside the mischief f the act of 1861 and within the contemplate defence in the 1967 act

Question 14

the mischief rule is a principle of what

Answer 14

statutory interpretation that requires judges to interpret a statue in a way that is consistent with the legislature’s intent, as determined by identifying to “mischief” was designed to address

Question 15

ADS: consistent with legislative intent

Answer 15

the rule seeks to identify the legislature’s intent in enacting the statute, and therefore can lead to an interpretation that is consistent with that intent

Question 16

ADS: flexible

Answer 16

the rule allows judges to depart from a literal interpretation of the statute’s word in order to achieve the purpose of the statute

Question 17

ADS: adaptable to changing circumstances

Answer 17

the rule can be used to adapt the meaning of a statute to changing circumstances, ensuring that the statute continues to serve its intended purpose

Question 18

DIS: can be subjective

Answer 18

the identification of the “mischief” or problem that the statute was designed to address can be subjective, and different judges, may reach different conclusions about what that problem is

Question 19

DIS: can lead to uncertainty

Answer 19

the use of the mischief rule can create uncertainty for individuals and businesses who must comply with the statute, as they may not know how a court will interpret the statute in a given case.

Question 20

DIS: can be manipulated

Answer 20

the rule can be manipulated to achieve a desired outcome, as a judge could identify a different “mischief” or problem in order to support a particular interpretation of the statute