The Law of Torts and Professional Negligence Flashcards

Question

What are the four main rules of statutory interpretation

Answer 1

The four main rules of statutory interpretation are: - The literal rule - The golden rule - The mischief rule - The purposive rule

Answer 2

The literal rule means that judges apply the plain, ordinary, and grammatical meaning of words in a state

Answer 3

The literal rule is based on the principle that Parliament is the supreme law maker, and judges shouldn't alter the wording of an act

Answer 4

In Whitely v Chappel (1868): - The defendant impersonated a dead person to vote - The statute prohibited impersonating a person entitled to vote - The court held that a dead person was not entitled to vote, so the defendent was not guilty

Answer 5

The advantages of the literal rule are: - Provides clear certainty in the law - Respects parliaments wording

Answer 6

Disadvantages of the literal rule are: - Can lead to unjust or absurd results - Does not allow flexibility to address Parliaments true intent

Answer 7

The golden rule is a modification of the literal rule that allows judges to avoid absurd or inconsistent results

Answer 8

Adler v George (1964): - The defendant was charged under the Official Secrets Act 1920 for obstructing a military base "in the vicinity of" the premise - He was inside the base "not in the vicinity" - The Court applied the golden rule and held that being inside was still in the vicinity

Answer 9

The advantages of the golden rule are: - Prevents absurd or unjust outcomes - Balances literal interpretation with common sense

Answer 10

The disadvantages of the golden rule are: - No clear guidelines on when to apply it - Gives judges more discretion

Answer 11

The mischief rule was established in Heydons Case (1584)

Answer 12

The mischief rule focuses on the purpose of law by identifying the mischief Parliament tried to prevent

Answer 13

In the mischief rule judges look at: - What was the law before the statute - What was the problem Parliament wanted to fix - What remedy did Parliament provide - What interpretation best suppresses the mischief and advances the remedy

Answer 14

Corkery v Carpenter (1951): - A man was charged with being drunk in charge of a carriage under the Licensing Act 1872 - He was pushing a bicycle, which was not explicitly mentioned in the Act - The court ruled that the mischief was drunken people using transport dangerously, so a bicycle was included

Answer 15

Advantages of the mischief rule are: - Allows flexibility to adapt the law to changing times - Ensures Parliament’s intentions are upheld

Answer 16

Disadvantages of the mischief rule are: - Judges have more discretion, reducing legal certainty - Can conflict with the separation of powers, as judges take on a law-making role

Answer 17

In the purposive rule judges focus on the overall purpose of the statute

Answer 18

R (Quintavalle) v Secretary of State for Health (2003): - The Human Fertilisation and Embryology Act 1990 regulated embryos created by fertilisation - New scientific methods allowed embryo creation without fertilisation - The court ruled that Parliament intended to regulate all embryos, regardless of the method

Answer 19

Advantages of the purposive rule are: - Most flexible approach - Ensures the law keeps up with social changes

Answer 20

Disadvantages of the purposive rule are: - Gives judges too much power to rewrite legislation - Can lead to uncertainty in interpretation

Answer 21

The different aids to statutory interpretation are: - Intrinsic Aids (Inside the Act) - Extrinsic Aids (Outside the Act)

Answer 22

The interpretation act 1978 clarifies common legal terms