PAPER 1 MISCHIEF RULE SI

Question 1

Where was the mischief rule established?

Answer 1

Heydon’s case.

Question 2

Under the mischief rule how will the court interpret the law?

Answer 2

In a way which suppresses the problem ‘mischief’ the act was aimed to solve.

Question 3

What are the four corners?

Answer 3

1. What was common law before making the act?
2. What was the mischief that common law did not provide a solution to?
3. What was the act that parliament passed to cure the problem?
4. What was the true reason for the act?

Question 4

In Smith v Hughes what did the Street Offences Act 1959 make an offence?

Answer 4

For a common prostitute to solicit or loiter in the street or a public space

Question 5

What were the defendants in Smith v Hughes doing?

Answer 5

Calling to men on the street from a balcony and open downstairs windows of a private building.

Question 6

Why did Lord Parker say the Street Offences Act 1959 was introduced?

Answer 6

So that people could walk along the streets without being solicited by prostitutes so it didn’t matter if the prostitute was stood in the street, they were guilty

Question 7

Advantages?

Answer 7

Gets behind the wording and applies the spirit of the act giving effect to the will of parliament which can save time
Flexible so can avoid absurd decisions
Acknowledges the need to take into account recent developments such as medical advancements

Question 8

Disadvantages?

Answer 8

Could promote judicial law making l
Can lead to uncertainty as it’s difficult to know when judges will use it and its outcome
Promotes external aids which may not be reliable