Statutory Interpretations

Question 1

What are the three rules

Answer 1

• Literal rule
• Golden rule
• Mischief rule

Question 2

what is the literal rule definition

Answer 2

give word their plain or ordinary meaning from the dictionary

Question 3

Case for literal rule

Answer 3

Whiteley v Chappell (voted on someone’s name who was dead, not guilty since a dead person is not entitled to vote )

Question 4

What is the golden rule ?

Answer 4

modified version of literal. Looks at the literal meaning but are allowed to lol at interpretation to avoid absurdity

Question 5

narrow application of golden rule

Answer 5

words or phrases if there is only one meaning

Question 6

narrow application of golden rule case

Answer 6

Alder v George

Question 7

Wider application of golden rule

Answer 7

words have one clear meaning but could result in absurdity.

so used golden rule to modify it

Question 8

wider application of golden rule case

Answer 8

Re Sigsworth

Question 9

what is the mischief rule?

Answer 9

looks at the gap between common law and act of parliament to interpret the mischief gov are trying to prevent

Question 10

Mischief rule cases

Answer 10

Royal collage of nursing v DHSS

Smith v Hughes

Question 11

Strength of Mischief rule

Answer 11

leads to less absurdity

allows law to be interpreted with all the new development in tech

Question 12

disadvantage of mischief rule

Answer 12

judges should simply interpret what is there and not make amendments

Question 13

what is the purposive approach ?

Answer 13

judges decided what parliament intended to achieve with the law

Question 14

purposive approach case?

Answer 14

Jones V Tower Boot Co

Question 15

Strength + Weakness of Purposive Approach

Answer 15

+can allow law to be interpreted
+ avoids absurdity
-can lead to inconsistency between judges
-judges get too much power

Question 16

Golden rule Advantages

Answer 16

avoids absurdity

Question 17

golden rule disadvantage

Answer 17

only used in certain situations

impossible to predict the use

Question 18

When are Aids to Interpretation used?

Answer 18

When judges are unsure how to interpret a word so they use interpretation aida

Question 19

what are the 2 interpretations aids?

Answer 19

Intrinsic aids - aids within the statue

Extinsic aids - aids outside the statue

Question 20

Intrinsic aids

Answer 20

have long titles-detailed name of act
short titles- brief name
preambles- purpose of doc
interpretations-detention of acts
headings-sections of acts

Question 21

Extrinsic aids

Answer 21

they outside ,judges will have to use resources outside the act to interpret words

Question 22

What is Hansard ?

Answer 22

what was said during parliamentary debates when act was a bill

Question 23

What case allowed Hansard to be used

Answer 23

Pepper v Harry (HoL relaxes rules on Hansard + allowed it in a limited way)

Question 24

How is law Reformed?

Answer 24

Law commissions reform the law .

and they recommend to the gov

Question 25

under what act was the Law Commission set up ?

Answer 25

1965 Law commission act