The Literal Rule

Question 0

This rule is used when by judges

Answer 0

As the starting point

Question 1

When was it developed

Answer 1

19th century

Question 2

When can they use the literal rule

Answer 2

When an act needs to be interpreted

Question 3

When can it be used to interpret a statue

Answer 3

If it is clear and unambiguous

Question 4

How does the literal rule work

Answer 4

It accepts the meaning of the word as it would appear in a dictionary

Question 5

If the judge uses the literal rule he will give the words

Answer 5

Their plain and ordinary meaning

Question 6

Which case stated the literal meaning would be taken even if it lead to absurdity

Answer 6

R v judge of the city of London court

Question 7

The rule can rely on this extrinsic aid

Answer 7

A dictionary

Question 8

What must be done if the statute is very old

Answer 8

The Original meaning of the word must be applied

Question 9

Which case lead to an absurd decision due to the literal rule

Answer 9

London and NE railways v Berriman

Question 10

What happen in Berriman

Answer 10

B died while doing maintenance work, no look out had been given which should have in Fatal accidents act, which stated a look out should be given to anyone relaying or repairing tracks

Question 11

What had the statute been designed to do

Answer 11

Give workers and their families protection in case of an accident

Question 12

How was the literal rule applied

Answer 12

Act referred to repairing or relaying but Berriman had been maintaining

Question 13

Was compensation given

Answer 13

No because maintaining was not mentioned in the act

Question 14

Therefore the aim of parliament was

Answer 14

Defeated by the literal interpretation of it

Question 15

Another example when parliaments intention was defeated by the literal rule

Answer 15

Fisher v bell

Question 16

What happened

Answer 16

Restriction of offence weapons act stated flick knives were not to be offered for sale. D had flick knives displayed and was charged with offering flick knives for sale

Question 17

Was d acquitted

Answer 17

Yes because he was not offering as displaying is not an offer to sell but an invitation to treat

Question 18

What did fisher v bell show parliament

Answer 18

Showed inadequacies of parliament

Question 19

What did fisher v bell force parliament to do

Answer 19

Introduce a new a law on offence weapons in 1961

Question 20

Who is the literal rule preferred by

Answer 20

Judges who don’t want to be accused of making law and breaking sop

Question 21

Which theory believes judges should state the law not make it

Answer 21

Blackstones declaratory theory

Question 22

Another case that used the literal decision that lead to an absurd decision

Answer 22

Whitley v Chappell

Question 23

What happened in Whitley v Chappell

Answer 23

D was charged under an act that made it an offence to impersonate anyone who is entitled to vote. D impersonated someone who had died but was on the voters list

Question 24

Was d in Whitley v Chappell found guilty

Answer 24

No

Question 25

Why was an absurd decision made

Answer 25

Literal meaning meant someone who was dead was not entitled to vote leading to an absurd decision