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Law Paper 2 - Law Making And Law Of Tort > Statutory Interpretation > Flashcards

Statutory Interpretation Flashcards

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1
Q

3 rules

A

Literal rule
Golden rule
Mischief rule

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2
Q

Literal rule

A

Gives words their pain, ordinary, dictionary meaning

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3
Q

Case for literal rule

A

Whiteley v Chappell
Offence Impersonate any person entitled to vote
Pretended to be someone who was dead
NG

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4
Q

Case for literal rule

A 
Berriman 
Railway worker killed doing maintenance 
Widow tried to claim 
‘For the purposes of relaying or repairing it’ 
Claim failed
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5
Q

Golden rule is

A

Modification of literal rule to avoid interpretation that is absurd

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6
Q

Narrow golden rule

A

Choose between possible meanings of the word or phrase

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7
Q

Wider golden rule

A

Where Words only have one clear meaning
Leads to repugnant situation
Modify words of statute

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8
Q

Case for golden rule

A

Sigsworth
Son murdered mother
Estate inherited by her next of kin
Used to prevent repugnant situation

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9
Q

Mischief rule

A

Looks back to the gap in the previous law and interprets the act so as to cover the gap

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10
Q

Case for mischief rule

A

Smith v Hughes
Not been in street or public places
Women shout to men through windows
Clean up streets able to walk without bring molested

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11
Q

Purposive approach is

A

The courts look to see what is the purpose of the law passed by Parliament

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12
Q

4 advantages of literal rule

A

Follows wording of Parliament
Prevents unelected judge making law
Makes law more certain
Easier to predict how judges will interpret the law

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13
Q

3 disadvantages of literal rule

A

Not all acts are perfectly drafted
Have more than one meaning
Can lead it unfair or unjust decisions

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14
Q

3 advantages on golden rule

A

Respects words of Parliament
Allows judge to choose most sensible meaning
Avoids worst problems of literal rule

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15
Q

2 disadvantages of golden rule

A

Can only be used in limited situations

Not possible to predict when the courts will use it

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16
Q

3 advantages of mischief rule

A

Deals with mischief Parliament was trying to deal with
Fills in gaps in the law
Produces a just result

17
Q

4 disadvantages of mischief rule

A

Can make the law uncertain
Limited to looking back at the old law
Not as wide as purposive
Risk of judicial law making

18
Q

3 advantages of purposive approach

A

Leads to justice in individual cases
Allows for new developments in technology
Avoids absurd decisions

19
Q

3 disadvantages of purposive approach

A

Difficult to find parliaments intention
Allows judges to make law
Leads to uncertainty in law

20
Q

3 rules of language

A

Ejusdem Generis
Expressio unius
Noscitur a sociis

21
Q

Ejusdem generis is

A

Where there is a list of specific words followed by general words
General words are interpreted in line with the specific words

22
Q

Case for ejusdem generis

A 
Allen v Emerson 
‘Theatres and other places of amusement’ 
Decide if it applied to funfair 
Did come under general words
Only one specific word
23
Q

Expressio unius means

A

The express mention of one thing excludes others
No general words after list
Only applies to list

24
Q

Noscitur a sociis means

A

A words is known by the company it keeps
Words looked at in context and interpreted accordingly
Looks at other words in same section

25
Q

Aids and what they do

A

Intrinsic and extrinsic

Help judges with interpretation

26
Q

Intrinsic aids are

A

Matters within the statute that may help to make its meaning more clear

27
Q

5 types of intrinsic aid

A 
Long title
Short Title
Preamble 
Margin notes
Headings
28
Q

3 advantages of intrinsic aids

A

Can have definitions of words
Makes if clearer
More likely to come to interpretation intended

29
Q

3 disadvantages of intrinsic aids

A

Not included in every statute
Some headings are placed by printers
Definitions not always included

30
Q

Extrinsic aids are

A

Outside the act

Help explain meanings of words in an act

31
Q

Examples of extrinsic aids

A

Dictionaries printed at the time of the act

Hansard

32
Q

What is Hansard

A

Official report of what was said in Parliament when the act was debated
Available for everyone

33
Q

Disadvantage of Hansard

A

Lawyers spend lots of time reading it to avoid being sued negligence by there clients

34
Q

Preferred approach of European countries

A

Purposive

Law Paper 2 - Law Making And Law Of Tort (6 decks)

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