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Law > Statutory Interpretation > Flashcards

Statutory Interpretation Flashcards

Paper 2 Section A

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1
Q

What is the literal rule?

A

When judges apply the plain, ordinary and literal meaning of the words contained in a statute, often using a dictionary.

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2
Q

Who stated that the literal rule should be followed even if it leads to a manifest absurdity?

A

Lord Esher.

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3
Q

What does the literal rule respect?

A

Parliamentary supremacy by following Parliament’s wording exactly.

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4
Q

In which case was the literal rule applied regarding the Fatal Accidents Act 1846?

A

LNER v Berriman (1946).

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5
Q

What was the circumstance of the victim in LNER v Berriman?

A

The victim was oiling points on the train line when he was hit and killed.

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6
Q

What did the court determine about oiling in LNER v Berriman?

A

A lookout was not required for oiling, as it was just ‘routine maintenance’, unlike relaying or repairing.

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7
Q

What was the outcome for Mrs. Berriman in LNER v Berriman?

A

Mrs. Berriman received no compensation.

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8
Q

In which case was the literal rule applied regarding The Town Police Clauses Act 1847?

A

DDP v Cheeseman.

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9
Q

What did the TPC Act state in regards to DDP v Cheeseman?

A

“it is an offence to willfully and indecently expose one’s person in a street to the annoyance of passengers”

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10
Q

How was ‘passengers’ defined in the Oxford English Dictionary of 1847?

A

As a ‘passer-by’ or ‘traveller’.

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11
Q

Why were the police not considered ‘passengers’ in DDP v Cheeseman?

A

They were there for a specific purpose, waiting to arrest D, not using the toilet for normal purposes.

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12
Q

What was the verdict for D in DDP v Cheeseman?

A

D was found not guilty.

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13
Q

What is the golden rule in legal interpretation?

A

The golden rule allows judges to choose between possible meanings of words (narrow approach) or invent a new meaning to avoid absurdity (broad).

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14
Q

What should judges begin with when applying the golden rule?

A

Judges should begin by using the literal meaning (literal rule) of words in a statute.

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15
Q

What is a potential drawback of the golden rule?

A

The golden rule can alter the words of an Act, which may not always respect Parliamentary supremacy.

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16
Q

What case exemplifies the narrow approach of the golden rule?

A

The narrow approach was used in R v Allen, where the court had to determine the meaning of ‘marry’.

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17
Q

What + where were the two possible meanings of ‘marry’ in R v Allen?

A

Under the OAPA 1861, the two meanings were to legally marry and to go through a marriage ceremony.

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18
Q

What conclusion did the court reach in R v Allen?

A

The court chose the second meaning (ceremony) to avoid absurdity (would’ve been bigamy), leading to a guilty verdict.

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19
Q

What case exemplifies the broad approach of the golden rule?

A

The broad approach was used in Re Sigsworth, where the defendant killed his mother to gain inheritance.

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20
Q

What did the Administration of Estates Act 1925 state regarding inheritance?

A

It stated that where no will was left, the inheritance should go to the next of kin.

21
Q

What was the court’s reasoning in Re Sigsworth regarding the defendant’s inheritance?

A

The court found it absurd for the defendant to benefit from killing, thus interpreting the Act to mean ‘unless D killed his mother’.

22
Q

What does the mischief rule focus on?

A

The problem Parliament wanted to stop and interprets the Act to stop that problem

23
Q

What case established the 4 questions to be asked when using the mischief rule?

A

Heydon’s Case

24
Q

List the 2 most important questions to be asked when applying the mischief rule.

A
  • What was the common law before the Act?
  • What mischief was the law not addressing?
25
Q

How does the mischief rule avoid absurd outcomes?

A

By interpreting the law in a way that addresses the mischief instead of adhering strictly to the literal words of the Act

26
Q

True or False: The mischief rule respects Parliamentary Supremacy.

A

False

27
Q

In which case were prostitutes charged under the Street Offences Act 1959?

A

Smith v Hughes

28
Q

What was the main issue in Smith v Hughes?

A

Prostitutes soliciting in a doorway and on a balcony instead of “soliciting in a street or public place”

29
Q

What was the outcome of the Smith v Hughes case?

A

The prostitutes were found guilty despite not being literally in the street

30
Q

What problem was the Street Offences Act 1959 trying to solve?

A

Prostitutes harassing passers-by in the street

31
Q

In RCN v DHSS, who was helping to help perform abortions?

A

Nurses

32
Q

What was the legal requirement for performing abortions under the Abortion Act 1967?

A

Only ‘registered medical practitioners’ (RMPs) could legally assist - nurses technically were not

33
Q

Why was the Abortion Act 1967 passed?

A

To stop back street abortions which were causing serious injury or death + free up Dr’s time

34
Q

What was the impact of allowing nurses to assist with abortions in RCN v DHSS?

A

It facilitated safer abortions and reduced the need for back street abortions

35
Q

What are intrinsic aids in legal interpretation?

A

Help found within the Act itself.

36
Q

Name three examples of intrinsic aids.

A
  • Short titles
  • Definition sections
  • Marginal notes
37
Q

What information do short titles provide?

A

Name of the Act and the date they were passed.

38
Q

How do short titles assist judges?

A

They provide an idea of what the Act is about and help differentiate between different Acts.

39
Q

Why is the date in short titles important?

A

It helps judges know which dictionary to use when applying the literal rule.

40
Q

In which case was a dictionary from 1847 used?

A

DPP v Cheeseman.

41
Q

What do definition sections in an Act do?

A

They define key words specified by Parliament.

42
Q

Why are definition sections useful?

A

Parliament can specify meanings that differ from dictionary definitions.

43
Q

Which section of the Theft Act 1968 defines property?

A

Section 4.

44
Q

What was concluded in Oxford v Moss regarding information?

A

Information was not able to be stolen.

45
Q

What are marginal notes?

A

Notes written in the margin of Acts summarizing the section and its usage.

46
Q

Do marginal notes have to be used according to the case of Montilla?

A

No, they do not need to be used.

47
Q

Who writes the marginal notes?

A

The Parliamentary Counsel Office.

48
Q

What is the reliability of marginal notes based on?

A

They are written by the Parliamentary Counsel Office, which is answerable to the cabinet.

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