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Law > Statutory Interpretation > Flashcards

Statutory Interpretation Flashcards

Paper 2 Section A

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.

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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’.

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22
Q

What does the mischief rule focus on?

A

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

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23
Q

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

A

Heydon’s Case

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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?
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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

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26
Q

True or False: The mischief rule respects Parliamentary Supremacy.

A

False

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27
Q

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

A

Smith v Hughes

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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.

49
Q

What are extrinsic aids in statutory interpretation?

A

Help found outside of the statute itself

Examples include Hansard, Dictionaries, Law reform reports, and the Interpretation Act.

50
Q

What is Hansard?

A

A record of Parliament’s debates

Useful for understanding Parliament’s intentions for the mischief rule/purposive approach.

51
Q

What case allows the use of Hansard under specific conditions?

A

Pepper v Hart

Conditions include ambiguity in the Act, a minister’s statement on the words, and the statement clarifying the ambiguity.

52
Q

When are dictionaries used in statutory interpretation?

A

When applying the literal rule

Judges use the Oxford English dictionary from the date of the Act for definitions not provided by Parliament.

53
Q

What was the significance of the case DPP v Cheeseman?

A

A dictionary was used to interpret the word ‘passenger’

The interpretation led to the conclusion that D was not guilty as the police were stationed and not passing through.

54
Q

What are law reform reports and who writes them?

A

Documents explaining problems with old law, usually written by the Law Commission

Judges can use these reports to understand the mischief Parliament aimed to solve.

55
Q

What was the outcome of the case DPP v Bull?

A

Male prostitutes were not found guilty under the Street Offences Act

The law reform report indicated that the issue was only with female prostitutes.

56
Q

What does the Interpretation Act 1978 provide guidance on?

A

How to interpret other statutes

It states that ‘he’ includes ‘she’ and singular words also include plurals.

57
Q

What is the Purposive Approach in legal interpretation?

A

It requires judges to look at what Parliament intended when making an Act and to put that intention into effect.

58
Q

Why has the Purposive Approach been used increasingly?

A

Due to the need to interpret European law.

59
Q

What does the Purposive Approach avoid that the literal rule may produce?

A

Absurd outcomes.

60
Q

How does the Purposive Approach affect Parliamentary Supremacy?

A

It does not respect Parliamentary Supremacy as judges may not follow the literal words of the Act.

61
Q

What was the main issue in the case Jones v TBC?

A

Whether employers are liable for actions of employees done during the ‘course of employment’.

62
Q

What was the court’s conclusion in Jones v TBC?

A

D was found liable to prevent discrimination and promote equality in the workplace.

63
Q

In Jones v TBC, what would letting D off imply?

A

It would defeat the point of the Race Relations Act.

64
Q

What was the legal issue in R v RG ex parte Smith?

A

D sought his birth certificate to find out who his birth mother was.

65
Q

What does ‘shall supply’ mean in the context of the Adoption Act?

A

It means the RG must give the certificate to D.

66
Q

Why did the court refuse to provide the birth certificate in R v RG ex parte Smith?

A

Due to concerns that D might try to kill his mother.

67
Q

How did the court interpret the Adoption Act in R v RG ex parte Smith?

A

They interpreted it to align with Parliament’s intention of not promoting serious crime.

68
Q

True or False: The Purposive Approach strictly follows the literal wording of the Act.

A

False.

69
Q

Fill in the blank: The Purposive Approach focuses on the _______ of the Act.

A

[purpose]

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