Flashcards
Statutory Interpretation Cases. 4/4/19
Cards in this deck (15)
- 1Harris (1836) Literal Rule.Using the literal rule, biting did not come under the definition as stab, cut or wound implied the use of an instrument.
- 2London North East Railways (LNER) v Berriman (1946) Literal Rule.Maintaining didn't count as relaying or repairing.
- 3Whiteley v Chappel (1868) Literal Rule.They are not entitled to vote, as they are dead.
- 4R v Allen (1872) Golden Rule- Narrow Approach.Using the narrow approach, Judges decided that "marry" had 2 meanings. 1)Legally married. 2) Marriage ceremony. The Judges chose the 2nd meaning to stop the D from escaping liability.
- 5Adler V George (1964) Golden Rule- Wider Approach.Using the wider approach, the courts modified the meaning of "in the vicinity" to include "inside the building". It would have been absurd if they were not guilty for entering a restricted area.
- 6Smith v Hughes (1960) Mischief Rule.The Courts looked at the previous common law and decided that the Act had been intended to prevent people being approached by prostitutes. They found them guilty as they were still offering solicitation to the public.
- 7Corkery v Carpenter (1951) Mischief Rule.The court declared the Bicycle was a carriage because Parliament were trying to stop the mischief of people being drunk and in charge of transportation.
- 8Royal College of Nursing v DHSS (1981) Mischief Rule.Using the mischief rule, the courts said that nurses could be medical practitioners because the mischief that Parliament was trying to stop was dangerous, illegal abortions.
- 9Bulmer v Bollinger The Purposive Approach.Lord Denning said "we must no longer look at the meaning of the Act; we must now look at the purpose or intent."
- 10R v Registrar-General, ex parte Smith (1990) Purposive Approach.Despite the plain language in the Act, Parliament would not have intended to promote crime. Because of the risk to his natural mother, he was not given her identity.
- 11Powell v Kepton Park Racecourse (1899) Rules of Language- Ejusdem GenerisThe Court used this rule to say that the specific words in the statute related to places indoors, whereas the defendant had his stall outdoors.
- 12Tempest v Kilner (1846) Rules of Language- Expressio Unius Exclusio Alterius.As the list of words did not have general words, only the words in the list would count.
- 13Pengelly v Bell Punch Co Ltd (1960) Rules of Language- Noscitur a Sociis.The court ised this rule and held that, as all the other words were used to indicate passage, a floor used exclusively for storage did not fall within the Act.
- 14Marleasing (1992) Effect of EU law on Statutory Interpretation.The ECJ ruled that national law has to be interpreted in light of the aim of EU law.
- 15Mendoza v Ghaidan (2002) Effect of The Human Rights Act 1998 on Stautory Interpretation.The Court of Appeal held that the Rent Act had to be interpreted to conform with the European Convention on Human Rights (ECHR).
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- A level Law (Paper 2 Revision: Sources of Law and Law of Tort.) Flashcards on Statutory Interpretation Cases. 4/4/19, created by Bremner Doherty on 04/04/2019.
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