PAPER 1 LITERAL RULE SI

Question 1

LR:
what does the literal rule require judges to give?

Answer 1

The ordinary, or plain meaning of the words in the law.

Question 2

LR:
Why do judges use the Oxford English Dictionary from the year the act was passed?

Answer 2

So there is no dispute over the definition of a word, even if the meaning has changed over time.

Question 3

LR: what can the use of the Oxford English Dictionary from the year the act was passed lead to?

Answer 3

Absurd outcomes with contradict parliaments intentions

Question 4

LR:
What happened in DPP V Cheeseman?

Answer 4

The defendant was charged after police caught him committing an indecent offence in a public bathroom.

Question 5

LR: what was DPP V Cheeseman charged under?

Answer 5

Section 28 of the town police clauses act 1847

Question 6

LR: In DPP V Cheeseman what was the word in dispute?

Answer 6

Passengers

Question 7

LR: What did the dictionary definition from 1847 state that a passenger was?

Answer 7

A passer by or a traveller

Question 8

LR: when applied to a public lavatory what was passengers taken to mean?

Answer 8

Anyone resorting in the ordinary way to a place for one of the purposes for which people would normally resort to it.

Question 9

LR: In DPP v Cheeseman were the police passengers? And why

Answer 9

No as they were stationed there to apprehend persons committing acts such as Cheeseman and therefore the defendant wasn’t guilty.

Question 10

What are some advantages?

Answer 10

Creates certainty
Easy to use
Can all agree on dictionary meanings- reduced litigation
Lawyers can accurately advise their clients on the likely outcome of the law
Respects the theory of the separation of powers

Question 11

What are some disadvantages?

Answer 11

Unrealistic as it assumes every act is perfectly drafted and will cover every situation.
Words can have more than one meaning
Can lead to unfair decisions