Statutory Interpretation Flashcards
What is the literal rule?
If the words of a statute have clear meaning, the court will apply the words as written. However, if there is some ambiguity, the court will give the word its ordinary meaning, even if it yields an absurd result.
If the court gives a word its ordinary meaning, even if it yields an absurd result, which statutory rule of interpretation is being used?
The literal rule.
If a man was charged with an offence of impersonating ‘any persons entitled to vote’, because he has impersonated a dead person, and the courts applied the literal rule, would the man be acquitted?
Yes. Because the literal rule would mean that the courts would rule that as a dead person is not entitled to vote, no offence is committed.
What is the Golden rule?
Sometimes, using the ordinary meaning of a word would give an absurd result.
In such cases, to avoid absurdity, courts may use a different meaning of the word. This is known as the golden rule.
The golden rule exists to smooth out the edges of the literal rule.
What is the mischief rule?
The mischief rule works backwards, it looks at what problem the statute was designed to remedy and adapts the words of the statute to achieve this result.
Suppose a law prohibits a person who is drunk from being in charge of a carriage. Can the person be found to have committed an offence under the law?
Literal rule: No. As the word carriage would not include bicycle. Because that is not the ordinary meaning of the word carriage.
Golden rule: No. because it is doubtful that even a less ordinary definition of the word carriage can be found to include bicycle.
Mischief rule: Yes/ Perhaps. Because a court could determine that the law seeks to prevent a vehicle being operated drunk, and preventing a person from operating a bicycle drunk comes within the ambit of the law.
What is the purposive rule?
This rule functions as an accompaniment to the mischief rule but looks at the why - why the statute exists, as well as what it hopes to achieve.
What rule of interpretation is defined as ‘the expression of one thing is at the exclusion of another’?
Expressio Unius est Exclusio Alterius
The statute of Frauds of 1677 provided that a contract for the sale of goods, wares and merchandise for £10 or more must be evidenced by a signed writing.
Parties enter a contract for the sale of stocks and shares of a company. (Using the rule of expressio unius est exclusio alterius), does the sale come within the statute
No. The statute specifically mentions goods, wares and merchandise and does not include any general words.
Therefore, under the doctrine of of expressio unius est exclusio alterius, the statute does. not apply to the sale of other things such as stocks and shares.
What is the doctrine noscitur a sociis?
When interpreting statute, courts consider the context in which a word is used, thereby using words in the same section of the statute to interpret the word in dispute.
A statute required persons operating places of public refreshment, resort and entertainment to have a license to run the establishment.
A man owned a cafe and argued he did not need a license because the cafe was not a place of entertainment.
Using the doctrine Noscitur a sociis, would the cafe owner need a license?
Yes. After considering the words accompanying the word ‘entertainment’, the court held that the word included hospitality, and so the defendant was violating the statute.
The court referred to the provisions of the adoption act of the status of natural parent after an adoption order has been made in order to assist in the interpretation of the word parent in the children act.
What doctrine was used here to interpret the word parent?
In Paria Meteria.
It can be applied where other statutes may assist with interpreting an ambiguity in the statute concerned.
What is the meaning of Ejusdem Generis?
Ejusdem Generis means of the same type.
If a general word follows two or more specific words, the general word will apply only to items that are like the specific word.
what are the two aids to interpretation?
Intrinsic and extrinsic aids
what type of aids are short title, long title, preamble, marginal notes, punctuation, example, and schedules?
Intrinsic aids
what type of aids are dictionaries, explanatory notes, and Hansard?
Extrinsic aids
