Statutory Interpretation Flashcards
Which rule of statutory interpretation applies the ordinary meaning of words to a statute?
Literal rule
Which rule of statutory interpretation do the following facts describe?:
David voted using a stranger’s name, the stranger had died. David was discovered and charged with the offence of impersonating a person entitled to vote. The judge found David not guilty because a dead person is not entitled to vote.
Literal rule
What rule of statutory interpretation is where the court use something other than a word’s ordinary meaning to avoid an absurd result?
Golden rule
Which rule of statutory interpretation do the following set of facts describe?:
A statute makes it an offence to be in the vicinity of a commercial airport hangar without prior authorisation. Debbie is found in a commercial hangar, but the judge still finds Debbie guilty of the offence
Golden rule
Which rule of statutory interpretation looks to the problem the statute was design to remedy?
Mischief rule
Which rule of statutory interpretation do the following facts describe?:
A law prohibits a person from selling illegal drugs in the street or any public place. Lisa was arrested for selling illegal drugs in her home. The judge interpreted the statute as including selling illegal drugs from a private home
Mischief rule
Which rule of statutory interpretation looks at documents extraneous to the statute to determine why the statute was passed?
Purposive approach
A judge considers the Hansard when interpreting a statute. Which of the rules of statutory interpretation did he apply?
Purposive approach
Which rule of language applies where specific words in a statute should be interpreted as referring to things of the same type as those specific words?
Ejusdem generis
A statute prohibits the possession of firearms, explosives, knives, or any other type of offensive weapon within a cinema. Mark became angry with Callum who was talking during a movie, and stabbed him with a pen. Mark was charged with battery and possession of a danger weapon under the statute. He was acquitted of the weapons charge.
What rule of language has been applied here?
Ejusdem generis
Which rule of language describes where ambiguous words in a statutory section should be interpreted in the context of the statutory section, in that the words should be interpreted by the company they keep?
Noscitur a sociis
A statute provides that all houses that are kept open for public refreshment, resort, and entertainment must have a license. Grace, the owner of a cafe that only served food, was fined for not having a license under the statute. She argued that she didn’t need a license because she didn’t provide entertainment. The judge upheld the fine, as ‘entertainment’ did not mean musical entertainment, but rather the reception and accomodation of people.
What rule of language has been appled?
Noscitur a sociis
Which rule of language is used when things not expressly mentioned in a statute are excluded?
Expression unius est exclusio alterius
A statute provides that places of public entertainment that sell food must be licensed to do so, exempting cinemas that sell popcorn, ice cream and/or sweets. Nick, the owner of a cinema that sells sandwiches and crisps (in addition to the popcorn etc.), has been fined for not having a license. Nick claimed to be exempt, but the judge upholds the fine.
Which rule of language has been applied?
Expression unius est exclusio alterius
Which rule of language describes when ambiguous words in a statute should be interpreted consistently with the same words in statutes touching on the same matter?
In pari materia
