Fichas
Statutory Interpretation - Rules
Fichas del conjunto (22)
- 1What is the literal rule?Words in statute must be given their plain, ordinary/literal meaning to discover PARLIAMENTS INTENT expressed in the words used, even if it leads to ABSURDITY
- 2Whitley v Chapel* Pretended to be a deceased person to use their vote
* Offence to impersonate anyone entitled to vote
* Literal meaning = DEAD PEOPLE CANNOT VOTE, therefore no offence - 3LNER v Berrimen* Husband killed whilst working on tracks. Compensation only available if relaying/repairing the tracks (V was oiling them)
* AO2: absurd outcome - 4Cutter v Eaglestar insurance* Can of lighter fuel exploded over claimant in car park
* Insurance company didn't pay out; only insures injuries on a road - 5Cheeseman* Police arrested man touching himself in railway toilets. (Offence = causing offence to passengers)
* Police not passengers so no offence - 6Fisher v Bell* Flick knife in window display of shop.
* Offence = selling a flick knife
* D argued that it wasn't on sale, but an "INVITATION TO TREAT"
* Not guilty - 7Why is the literal rule the preferred rule of judges?Respects words that have been used by Parliament & means judges don't have to rewrite law
- 8What did Lord Esher state in R v Judge of the city of London?Have to accept absurdity
- 9Why was the golden rule created?To avoid absurdity where possible (Lord Wenslydale).
Stays within what the law intended to do but doesn't modify it to change intention - 10What is the narrow view in the golden rule?Looking at the word from other meanings
- 11What is the broader view in the golden rule?Used to avoid a wrong outcome
- 12R v Allen* Bigamy case.
* Under the literal rule = not guilty. Person cannot get married who is already married.
* Golden rule questioned meaning of 'marry' (a ceremony of marriage was found to be sufficient) - 13R v Sigsworth* Killed mother then killed himself
* Courts = shouldn't inherit where he killed the deceased (shouldn't benefit from crimes)
* Therefore family had nothing to inherit from him - 14Alder v George* Protesting inside HM Forces in prohibited place (outside army base)
* "In the vicinity of" meant in/near the place
* Courts wish to find DD guilty, interpret law subjectively (AO2) - 15What is the mischief rule?Where the courts look at what the mischief that the law was trying to prevent when the statute was first written
- 16Hayden's case (1584) 4 points1. What was the common law prior to the act
2. What was the mischief/defect with the common law
3. What remedy did Parliament provide to resolve it
4. Function of the judge is to make sure mischief is surpressed - 17Smith v Hughes* Women soliciting from a balcony
* Arrested under Street Offences Act for soliciting
* Guilty = mischief aimed at was people being molested/solicited by prostitutes whilst they were on the street
* Widens the act - 18Royal College of Nursing v DHSS* Abortion can only be carried out by a doctor (1st part = doctor, 2nd part was done by unsupervised nurse)
* Parliament trying to remedy back street abortions performed by unqualified people
* Not guilty - 19Corkey v Carpenter* Drunk in charge of a "carriage" on the highway under the Highway Act then guilty
* D was drunkenly riding bicycle
* "Carriage" interpreted to be some form of transport
* Aim of Parliament was to stop mischief on the highway - 20DPP V Bull* Male escort charged with loitering/soliciting
* Courts = "prostitute" was limited to female prostitutes
* Mischief was attempting to remedy mischief caused by women - 21What is the purposive approach? 2 points* Very similar to mischief rule however it tries to identify in advance what the criminal activity is
* What was the purpose of the words in the statute? - 22Jones v Tower Boot Co Ltd* Complainant suffered racial discrimination for which the employers were liable under statute
* CA = acts of discrimination were committed "in the course of employment"
Información
- Descripción
- A-Level (AS) Law Fichas sobre Statutory Interpretation - Rules, creado por Ellen Worrall el 17/04/2016.
- Creado por
- Ellen Worrall · abr 2016
- Actualizado
- 21 may 2016
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- 33
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