Statutory Interpretation Flashcards
What is the Literal Rule?
This is rule to for judges to refer back to when solving a case. This is basically the law in its literal meaning.
What is the Golden Rule?
This is when a certain word in the law would be focused on to see the different meanings if that word or what it means.
What is the Mischief Rule?
This rule is their to avoid any absurd outcomes. This is used to stop any loop holes in the law.
Give one example of a case that involved the Literal Rule?
Fisher V Bell 1961.
-Illegal flip knife in shop widow with a price tag
-Defendant ‘its not for sale but in fact its an invitation for treat’ (make an offer of it)
Not Guilty
If judge used Mischief rule he would have been guilty because they would use common sense. STOP the loop hole.
Give one example of a case that involved the Golden Rule?
R V Allen 1872 (Golden Marriage)
-Man married but tries to marry someone else as well.
-Man get caught under the Offences Against the Person Act (1861) for Bigamy (Marrying twice)
-Man says ‘he did not fully marry the other girl due to the fact he didn’t have a real ceremony and it is impossible to marry twice’.
-Golden rule- interpret word ‘marry’ and then judge changed law from ‘getting married’ to ‘trying to marry’
Guilty
Literal rule and he would be safe due to literal meaning.
Give one example of a case that involved the Mischief Rule?
Smith V Hughes 1990 (Mischievous Ladies)
-Prostitutes on street illegal under Street Offences Act 1959.
-Prostitutes go into a private property (house) and hang out of windows and door ways. (not on the streets.
-Smith and Hughes (owners of the place) say they not on the street so its not illegal.
-Judge used common sense and they were convicted.
Guilty
If judge used literal rule they would be free due to they were not on the street.
What does Ambiguity mean?
When a word has more than one meaning.
Example: Park, ‘Park my car’, ‘Going to the Park’
What is intrinsic Aids + Extrinsic Aids?
Intrinsic- A clue written somewhere inside the Act.
Extrinsic- Clues or Tips outside of the Act.
Aids- Something that would help the judge with the Act
What is Judicial Precedence?
When a judge uses a previous case to help solve a case.
What is the Hansard?
Two books, one red (HL), one green (HC). They both record previous statements that is said in the HL or the HC.
What is Purposive Approach?
This is where the Judge finds out why the Act was made to help solve the case.
