Staturtory Interperation Ai Flashcards
What is statutory interpretation?
The process by which courts interpret and apply legislation.
What are the three main rules of statutory interpretation?
The literal rule, the golden rule, and the mischief rule.
True or False: The literal rule focuses on the ordinary meaning of words in a statute.
True
Fill in the blank: The _____ rule allows for a modification of the literal meaning to avoid absurd results.
golden
Which rule is used to determine the law’s intention when the literal meaning leads to an absurdity?
The golden rule.
What does the mischief rule focus on?
The purpose of the statute and the problem it was intended to address.
True or False: The literal rule is the most commonly used rule in statutory interpretation.
True
What is the primary source of statutory interpretation in the UK?
Legislation passed by Parliament.
Which case is associated with the literal rule?
R v Judge of the City of London Court.
What is the purpose of the golden rule?
To avoid outcomes that are absurd or unjust.
Fill in the blank: The _____ rule can be seen as a compromise between the literal rule and the mischief rule.
golden
What is an example of a case that illustrates the mischief rule?
Heydon’s Case.
True or False: Statutory interpretation only applies to written laws.
True
What is the significance of parliamentary intention in statutory interpretation?
It helps to determine how a statute should be applied.
Name one extrinsic aid used in statutory interpretation.
Hansard.
What is an intrinsic aid?
Materials found within the statute itself, such as definitions and headings.
What does the term ‘ ejusdem generis’ mean?
Of the same kind; a principle used to interpret general words following specific words.
Which rule allows judges to fill gaps in a statute?
The purposive approach.
Fill in the blank: The _____ approach considers the broader context and purpose of the law.
purposive
What is the role of case law in statutory interpretation?
To provide precedents that guide the interpretation of statutes.
True or False: Courts are bound to follow previous decisions in statutory interpretation.
True
What is the effect of ambiguity in a statute?
It may lead to different interpretations by the courts.
Name one limitation of the literal rule.
It can lead to unjust outcomes.
What is the importance of context in statutory interpretation?
It helps understand the legislative intent and application of the law.
Fill in the blank: The _____ rule is often criticized for being too rigid.
literal
