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Statutory Interpretation flashcards

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1Whiteley V ChappellImpersonating a dead person's vote. Under the literal rule was acquitted because a dead person isn't entitled to vote.
2LNER v Berriman (1946)Mrs Berriman couldn't claim compensation because her husband had been oiling the points. Under the literal rule this wasn't 'repairing or relaying the track.'
3R v Allen (1872)Court decided that 'marry' was ambiguous so the golden rule was applied and Allen was found guilty of marrying two people
4Adler v George (1964)Accused was arrested inside the prohibited place but the court held 'in the vicinity of' could mean 'being in or in the vicinity of'. This avoided an absurd result.
5Smith v Hughes (1960)'Soliciting in the street' was held to include soliciting from the window of a house. The Mischief rule was applied.
6Royal College of Nursing v DHSS (1981)The Abortion Act 1967 stated that pregnancies had to be terminated by a 'registered medical practitioner'. The House of Lords decided that having nurses perform the procedure was not unlawful.
7Jones v Tower Boot Co. (1997)Court decided that racial harassment by fellow workers was 'in the course of employment' which made the employer liable.
8R v Registrar General ex parte Smith (1990)Although the Adoption Act 1976 allowed adopted people to find their real parents, it was not parliament's intention if the adopted person posed a threat to the parent.