statutory interpretation

Question 1

Explain the literal rule

Answer 1

PLOD (plain literal ordinary oxford dictionary definition from when the act was passed

Question 2

What cases are used in the literal rule

Answer 2

Cheeseman, Basset, Berriman

Question 3

Explain Cheeseman

Answer 3

‘exposing himself’, policeman was not a ‘passenger’

Question 4

Explain Basset

Answer 4

D was filming men changing in toilets, men dont have ‘breasts,

Question 5

Explain Berriman

Answer 5

Was oiling and maintaining not repairing so not entitled to lookout

Question 6

What judge supports the literal rule

Answer 6

Lord Esher

Question 7

Explain the golden rule

Answer 7

A modification of the literal rule and is used when the literal rule produces an absurdity or morally repugnant decision

Question 8

What cases are used in the literal rule

Answer 8

Sigsworth, Allen, Adler v George

Question 9

What judge supports the golden rule

Answer 9

Lord Wensleydale

Question 10

Explain Sigsworth

Answer 10

Killed his mother to get inheritance money, Courts thought it to be morally repugnant and did not allow him to receive the money

Question 11

Explain Allen

Answer 11

Convicted of bigamy, marry can mean to legally marry or to go through a marriage ceremony, he went through two but legally only married once

Question 12

Explain Adler v George

Answer 12

Convicted of obstructing an officer in a military base, in the ‘vicinity’ does not mean inside. Absurdity, conviction upheld

Question 13

What is the broad approach

Answer 13

Where the word only has one meaning so the courts modify the meaning of it

Question 14

What case is used to show the broad approach

Answer 14

Sigsworth

Question 15

What is the narrow approach

Answer 15

Where a word has more than one meaning so the courts choose the most relevant definition

Question 16

What case is used to show the narrow approach

Answer 16

Allen

Question 17

Explain the mischief rule

Answer 17

4 points of Heydons case
What was the act before
What mischief were they trying to remedy 
What remedy was produced 
What was the true reason for the remedy

Question 18

What cases are used for the mischief rule

Answer 18

Elliot v Grey, Sweet v Parsley, Smith v Hughes, Corkery v Carpenter

Question 19

Explain Elliot v Grey

Answer 19

Parked his car without the batter on the side of the road, told he needed insurance even though it couldnt be used, aimed to keep roads safer.

Question 20

Explain Sweet v Parsley

Answer 20

Teacher let her students use her house and they smoked canabis. common law said mens rea was required but teacher did not have it.

Question 21

Explain Smith v Hughes

Answer 21

Prostitutes solicited from private premises to be seen by public, was an offence as remedy was to stop having it aimed at public

Question 22

Explain Corkery v Carpenter

Answer 22

Rode a bicycle while drunk. Bicycle classed as carriage so was an offence

Question 23

Explain the purposive approach

Answer 23

The courts look at what the gap in the law was and decide what it was parliament were trying to achieve

Question 24

Who supports the purposive approach

Answer 24

Lord Denning and the EU

Question 25

What cases are used in the purposive approach

Answer 25

R v General Registrar Ex Parte Smith, Fitzpatrick v Sterling housing association, Gadin v Gohdn Mendoza

Question 26

Explain R v General registrar ex parte smith

Answer 26

D was convicted and wanted to see his birth certificate. Denied it as fear it would endanger his mother

Question 27

Explain Fitzpatrick v Sterling housing association

Answer 27

Homosexual couple were co-living when one passed. Originally the other one was jot allowed to stay as a homosexual couple was not a ‘family’ courts found that they were

Question 28

Explain Gadin v Gohdin Mendoza

Answer 28

Homosexual couple were living together and one died the surviving one was told to leave until they were seen as the ‘surviving spouse’