Statutory Interpretation* Flashcards
What is the literal rule?
The literal rule is when the judge will take the idctionary definition of the word and apply it to the case.
What is the narrow golden rule?
The judge will chose between 2 definitions of the same word and choose the most appropriate one when applying it the that case.
What is the wide golden rule?
When the judge understands the meaning of the word but chooses not to apply it as it would be undesirable or repugnant.
What is the mischief rule?
It looks at what Parliament intended to prevent.
Which case established the four questions for the mischief rule?
Haydon’s Case (1584) established the questions to follow in the mischief rule.
List the four questions that the judge should consider when following the mischief rule.
1) What was the common law before the act was passed?
2) What is the mischief that common law failed to rectify?
3) What remedy does the Act provide in order to remove the mischief?
4) What is the true reason for the remedy?
What is the purposive approach?
Looks at the purpose of the act and Parliament’s aims or intentions.
Which rule did Fisher v. Bell apply to? And what was the phrase that caused contest?
Literal rule. ‘Offering to sell’.
What was the statute in Fisher v. Bell?
Restriction of Offensive Weapons Act 1959
What rule does Re. Sigsworth apply to and what was the statute that was interpreted?
Wide golden rule. The next of kin had killed his mother. Administration of Estates Act 1925.
What rule does Adler v. George apply to and what was the statute interpreted?
Wide golden rule. ‘Vicinity’, was interpreted to mean inside the army base, not just the area around. Official Secrets Act 1920.
What rule was does Cheeseman v. DPP (Director of Public Prosecutions) apply to? What was the phrase that had to be interpreted?
Literal rule. Police were not passengers, thus no offence was committed. Town and Country planning Act 1847.
R v. Bentham was the narrow golden rule, true or false?
False, R v. Bentham is the literal rule.
What statute and what word had to be interpreted in R v. Bentham?
Possession, not in ‘possession’ of body parts. Firearms Act 1968.
What rule was Whitely v. Chappell subject to and what was the word that had to be interpreted? Include the statute.
Literal rule. Dead people are ‘not entitled to vote’, Representation of the People Act 1867.
R v. Allen is part of the wide golden rule and the word that was interpreted was ‘supply’, true or false?
False. R v. Allen was the narrow golden rule and the word that was interpreted was ‘Marry’. Marry was taken to mean signing a marriage contract.
What rule does R v. Maginnis apply to and what was the statute that had to be interpreted?
Narrow Golden Rule. ‘Supply’, giving drugs back to his friend. Misuse of Drugs Act 1971.
Which rule does Re. Sigsworth apply to and what was the statute that had to be interpreted?
Wide Golden rule. Administration of Estates Act 1925. Next of kind had killed their mother, it would be an undesirable result for this person to inherit the property.
Which rule does Adler v. George apply to and what was the statute that had to be interpreted?
Wide golden rule. Official Secrets Act 1920. ‘Vicinity’, was taken to be the area around the military base.
In Jones v. Tower Boot Co, what was the statute that had to be interpreted and which rule does this case apply to?
Race Relations Act 1976, employers were vicariously liable for the actions of their employees. Purposive Rule.
What was the verdict in Royal College of Nursing v. DHSS?
Midwives and Nurses were classed as ‘registered medical practitioners’. Thus, they were permitted to administer abortions - in accordance with the Abortion Act 1967.
In DPP v. Bull, what was the statute that had to be interpreted and which rule does it apply to?
Street Offences Act 1959 the male prostitute was not guilty as the law had been written to only include female prostitutes. - Following the Wolfenden Report 1957.
In Smith v. Hughes what was the verdict and which rule does this case apply to?
Mischief rule.
Prostitutes bothering passers by from a window. Technically, according to the Street Offences Act 1959, they weren’t breaking the law. But it was ruled they were guilty as Parliament wished to prevent soliciting.
What rule does Fitzpatrick v. Stirling Housing Association apply to and what was the verdict?
Purposive Rule. A Homosexual relationship is classed as a family for legal purposes under the Rent Act 1977.
