Statutory Interpretation

Question 1

literal rule

Answer 1

this is where the judges give the words their plain, ordinary, normal and grammatical meaning

Question 2

golden rule

Answer 2

this is where the judge takes the literal approach unless it would lead to absurdity, injustice or an offence against public policy

Question 3

mischief rule

Answer 3

applies to where the act before the court is reforming a piece of law. the judge looks at the previous law, identifies the mischief and then eradicates the problem

Question 4

purposive approach

Answer 4

this is where the words of the statute are unclear and the judges look at the parliaments intentions to decide the purpose of the statute

Question 5

rules of language

Answer 5

context rule
general rule
specific rule

Question 6

context rule

Answer 6

this is where the meaning of the word must be derived from the words surround it

Question 7

general rule

Answer 7

if it is clear that parliament have created a list, any general words that follow must be interpreted as being of the same type of the category

Question 8

specific rule

Answer 8

this is where only the items in the list are covered under the statute

Question 9

aids to statutory interpretation

Answer 9

intrinsic aids

extrinsic aids

Question 10

intrinsic aids

Answer 10

things with in the statute itself that assist the courts when interpreting the statues

Question 11

extrinsic aid

Answer 11

these are things outside the statute itself that assist interpretation