Professional Conduct (Legal System) Flashcards

Question

What is a private/personal act of Parliament

Answer 1

Relates to particular places or people (e.g. Rosie's Law)

Answer 2

This is a draft piece of legislation that is based on government policy, drafted by the official parliamentary draftsman.

Answer 3

Promoted by a particular Member of Parliament. It does not start life as official government policy

Answer 4

A formality Title Read Out Second date of reading set

Answer 5

Main principles debated

Answer 6

Follows the second reading The bill is scrutinised by a committee and maybe amended

Answer 7

The proposed amenmdents are debated and there is a vote on the committee report

Answer 8

Final Debate Vote on the Bill If passed, it goes to the other house.... | Remember, bills can start in either house!

Answer 9

The day it recieves Assent unless a contrary provision in the statutre

Answer 10

Words are given ordinary plain and natural meaning. In depth consideration of words and phrases and how they fit with other sections of the Act This is often adopted!

Answer 11

Sometimes the literal rule leads to absurd outcones. Judges sometimes adopt alternative methods to avoid overly literal understandings. We take the statute and construe it together, givign words their ordinary signification unless they produce absurdity or inconsistency. For example, Official Secret Act stated 'in the vicinity' - it was argued that a strict literal understanding would mean 'outside' as opposed to inside. The court held it would be absurd if an offence could not take place outside the RAF base. Therefore the Golden Rule read 'in the vicinity' as 'in or in the vicinity of'....

Answer 12

This examines the original **purpose** of the provision. Today it is defunct because it is subsumed into the purposive approach

Answer 13

The understanding of language is influenced by context This is the most used approach to judicial interpretation! The 'contemporary' approach is to combine a literal and purposive approach so thaat the words of the statute, the underlying purpose of the legislation guides the way

Answer 14

To assist them interpreting the meaning and application of individual provisions in legislation

Answer 15

The express mention of one thing **excludes its extension to to others** Often used if there is a list of items with no general woirds to follow - it is presumed the list is closed and Parliament intended only to include those items stated

Answer 16

The 'of the same genus' presumption is employed when a statute includes a generic but non-exhausive list of items. The task is to work out if a particular item falls within the list. Where general words follow a list of specific words, the general words are interpreted so as to restrict them to the **same kind of objects as the specific words** For example, "house, office, room, ***or other place***"

Answer 17

A word is known by the company it keeps The words of statute are understood in the context of the statute itself. Similar to ejusdem generis but of wider application since it does not require general words at the end of the list

Answer 18

Expressio Unius The express mention of one thing **excludes its extension to to others** Expressio Unius since there are no general words

Answer 19

Ejusdem Generis Where general words follow a list of specific words, the general words are interpreted so as to restrict them to the **same kind of objects as the specific words**

Answer 20

The court interprets the statute using the plain, ordinary, and literal meaning of the words. If the words are clear and unambiguous, the court must apply them even if the result seems harsh or unjust.

Answer 21

This rule is a modification of the literal rule. If the literal interpretation leads to an absurd or unreasonable outcome, the court can modify the meaning to avoid that outcome. Courts will use the ordinary meaning of the words unless doing so results in an absurd or unjust result, in which case they may interpret the words in a more reasonable way. For example, If a law states "no animals are allowed in the park," interpreting this literally would prohibit guide dogs for the blind. Under the golden rule, the court could adjust the interpretation to allow guide dogs.

Answer 22

The court looks at the "mischief" (problem or issue) the statute was intended to remedy and interprets the law in a way that addresses that issue. Judges consider the law before the statute was enacted, the problem it sought to resolve, and the specific purpose behind the legislation.

Answer 23

This approach focuses on the purpose or objective behind the legislation rather than the strict meaning of individual words. The court interprets the statute in a way that best achieves the legislative intent or purpose, even if this means departing from the literal wording of the statute. Example: If a law prohibits "importing dangerous goods," the court might interpret "dangerous goods" broadly to include goods not explicitly listed but that pose a danger to public safety.

Answer 24

When a general term follows a list of specific terms, the general term is interpreted in light of the specific terms. The general word is limited to the same category or type as the specific words preceding it.

Answer 25

A word is interpreted in the context of the words surrounding it. The meaning of a word is clarified by the words with which it is associated in the statute. Example: In a law prohibiting "stabbing, shooting, or other violent acts," the word "violent acts" is interpreted to include only acts similar to stabbing and shooting (e.g., strangling, beating).

Answer 26

If a statute expressly lists specific items or categories, it is assumed that other items or categories not mentioned are excluded. The inclusion of certain things implies the exclusion of others not mentioned. Example: A law stating that "only licensed restaurants, bars, and cafes may serve alcohol" excludes other types of businesses from being able to serve alcohol (e.g., food trucks ).

Answer 27

Proceedings may be issued in welsh and the court will pay for an interpreter if necessart. * Any party has the right to speak Welsh * Any party can submit written evidence in welsh * The court will book and pay for an interpreter For civil and family cases, if they have a connection with Wales a claimant may also submit their claim in Welsh.