Unit 1: The English Legal System and Statutory Interpretation Flashcards
Case Law
The body of law set out in judicial decisions, as distinct from statute law.
Equity
Body of law developed to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case.
Executive Powers
The body that implements the law. In the UK it is made up of the King, PM and other government ministers, the civil service, and the members of the police and armed forces.
Judiciary
The part of a country’s government that is responsible for its legal system: Supreme Court, Court of Appeal (Criminal, Civil), High Court (KBD, Chancery, Family), Crown Court, Magistrates’ Court, County Court, Family Court.
Jury
At a trial on indictment, it is for the jury to to judge the facts and the judge to direct the jury on the law. The jury system provides a safeguard against the abuse of judicial power.
Legislation
The whole or any part of a country’s written law. The functions of legislation are making, changing and repealing the law. Legislation is passed by parliament.
Legislative Powers
Parliament is the supreme legal authority in the UK, which can create or end any law.
Statute
An Act of Parliament.
Statute
An Act of Parliament.
The Literal Rule (rule of interpretation)
This rule stipulates that words must be given their plain, ordinary and literal meaning. If the words are clear, they must be applied, even though the intention of the legislator may have been different, or the result is harsh or undesirable.
The Golden Rule (rule of interpretation)
An adaptation of the literal rule. It provides that where there are two meanings to a word or words, they should be given their ordinary meaning as far as possible, but only to the extent that they do not produce an absurd or totally obnoxious result.
The Mischief Rule (rule of interpretation)
The mischief rule requires the interpreter of the statute to ascertain the legislator’s intention. Mischief here meaning ‘wrong’ or ‘harm’. Looks backwards at the root of the problem.
The Purposive Approach
The judges look at the reasons why the statute was passed and its purpose, even if it means distorting the ordinary meaning of the words. Looks forwards at the aims of the legislation.
Noscitur a sociis (rule of language)
‘Known by the company it keeps’. A word
derives meaning from surrounding words.
Eiusdem generis (rule of language)
‘Of the same type’. If a general word follows two or more specific words, that general word will only apply to items of the same type as the specific words.
