Statutory Interpretation Flashcards

1
Q

4 method of SI

A

Literal Rule
Golden Rule
Mischief Rule
Purposive approach

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2
Q

Literal rule definition

A

Words taken by their LITERAL meaning, even if its silly (Lord Esher)

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3
Q

Golden Rule definition

A

Same a literal rule without the silly outcomes

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4
Q

Case for literal rule

A

Berriman

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5
Q

2 Approaches to the Golden Rule

A

Narrow - Words w multiple meanings, court chooses most appropriate
Wide - Words with 1 absurd meaning, court chooses more suitable meaning

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6
Q

Case for Mischeif Rule

A

Heydon’s Case - Looks @ law before Act was made + intentions of the law

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7
Q

Purposive Approach

A

Same as mischief rule, but looks at the past AND FUTURE

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8
Q

Intrinsic Aids

A

Everything INside an act - preamble/notes/other sections

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9
Q

Extrinsic Aids

A

Everything outside of (EXternal) an Act, i.e. Hansard, Law commission reports & common law

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