SI intrinsic and extrinsic aids Law making Flashcards

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1
Q

Intrinsic aids

A

Judges can use certain items within the statute to help make the meaning of some words clearer.

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2
Q

Whats the acronym for intrinsic aids?

A

TIPPS

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3
Q

Title

A

Judge can consider the long title and short title.

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4
Q

What might the long title help with?

A

Long title may explain parliament’s intention.

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5
Q

Interpretation sections

A

A new development in statutory drafting which could encourage and help use of purposive approach.

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6
Q

Preamble Older statutes

A

Older statutes tend to include a preamble which sets out parliament’s purpouse.

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7
Q

Preamble modern statutes

A

Modern statutes tend to contain brief preambles.

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8
Q

Punctuation

A

Can be taken into account to determine the meaning of statutory provisions or interpretations in legislation.

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9
Q

Schedules

A

Referred too to make sense of the act.

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10
Q

Example of a schedule

A

E.g. Misuse of drugs act the schedules contains set of listed drugs.

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11
Q

Extrinsic aids

A

items outside an act which may help a judge find the meaning of words in the act.

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12
Q

Extrinsic aids acronym

A

DIHE

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13
Q

Dictionaries

A

Previous dictionaries of the time the act was passed can be used.

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14
Q

Dictionary case

A

Cheeseman

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15
Q

Interpretation act

A

Provides certain basic definitions. Courts have developed rules to assist judges in interpreting statues.

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16
Q

Example of interpretation act

A

Land includes building and structure, Singular includes plural

17
Q

Hansard

A

Hansard is available to be used in a limited way when words of the act are ambiguous, obscure or lead to absurdity.

18
Q

Who accepted explanatory reports?

A

Clawson

19
Q

Explanatory reports

A

reports should be looked into to discover mischief or gap in law.

20
Q

What does explanatory reports include?

A

Green and white papers, pre legislative documents.