Statutory Interpretation Flashcards
“Unless the context requires otherwise”
Not tied to the definition
Room to depart if needed”
“Means”
Only one meaning, no room to depart from it
“Includes”
These meanings, but also other ones possible
“And”
More than one thing is necessary to meet the requirements
All needed otherwise no liability
“Or”
Not all needed, only one
“Shall” / “Must”
Obligation
Mandatory requirement
“May”
No obligation
Not compulsory (can choose)
Noscitur a Sociis + narrows or widens
A word can take meaning from surrounding words.
Using the other words to derive a meaning for a broad word on end.
LIMITS WIDER WORDS
Use when there is no broad term - just a term that COULD apply (eg; kill or hunt).
Ejusdem Generis + how to use it + broaden or narrows
Used when there is a broad catch word after specific words.
NARROWS
Requirements:
- Must be 2 or more specific words before the general catch-all phrase
- All must be able to fit into a class/ have something in common
- Must show the class is non-exhaustive by giving an example (what other things fit into there other than the words already there)
- Class must not go against the purpose of the legislation.
Expressio unis est exclusion alterus (Expressio rule)
Express inclusions give rise to implied exclusions - for a reason
If Parliment has been specific with the things in the legislation, they have likely done so for a reason.
If they mention one thing, they are excluding other things for a reason.
Taking a literal approach
Mischief/purposive approach
“What is the purpose of the act”
Parliment intended the statute to acheive something so interpret it in that context.
Why they chose to legislate in this area
Literal approach/ Plain meaning
Plain ordinary meaning
What does the statute/ words LITERALLY say
Not finding a deeper meaning
Upholds the rule of law
Golden rule
Can depart from the ordinary meaning if it creates an absurd result.
What is a case example to use for Golden Rule
Eg: “as held in …. case”
Sixworth Case
Basic structure for answer
Introduction:
… has been charged under…..of the….
- Is the act in force
For … to be liable under ….. all of the elements of the relevant section must be satisfied.
- List elements
Non contentious elements + why
The remaining elements are contentious and will require further legal interpretation
Subheadings for each element - repeat for all:
What the narrow and broad interpretation is
Then identify who would use what interpretation and what tools to back up
Conclude on what is stronger + why
Overall conclusion
Overall, I am going to advise….that in my legal opinion they are going to be…..under….
