Flashcards
Law Cases
Cards in this deck (9)
- 1R v Judge of the City of LondonLord Esher: 'If the words of an act are clear then you must follow them even though they lead to a manifest absurdity.'
- 2Whiteley V Chappell [1868]-Poor Law Amendment Act 1851.
-'Entitled to vote'
"It is an offence to impersonate any person entitled to vote."
-Found NOT GUILTY because a literal interpretation of the statute was applied. - 3London & North East Railway V Berriman [1946]-Fatal Accidents Act 1855.
-"A lookout man must be provided when any person is working on or near the tracks for the purpose of relaying or repairing them."
-Wife was UNSUCCESSFUL in claiming damages because 'relaying or repairing' does not cover maintenance. - 4Jones V DPPLord Reid: 'If they are capable of more than one meaning, then you can choose between those meanings, but beyond this you cannot go.'
- 5R v Allen [1872]-Offences Against the Person Act 1861
-'Whosoever being married, shall marry any other person during the lifetime of his spouse...'
-Golden Rule (n) allowed the judge to choose between the two meanings of marry, allowing marry to mean going through a marriage ceremony. - 6Re Sigsworth [1935]-Administration of Estates Act 1925.
-D murdered his mother who had not made a will, the AOEA 1925 would mean her next of kin (the D) would inherit her estate.
-Judge found that the D could not inherit the estate, using the golden rule they avoided a 'repugnant situation'. - 7Heydon's Case [1584]1) Common Law.
2) Mischief.
3) Remedy.
4) Apply remedy. - 8Smith V Hughes [1960]-Street Offences Act 1959.
-s1(1): 'It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution.'
-Prostitutes had been soliciting on a balcony, were found GUILTY as will of parliament was to stop prostitution. - 9Royal College of Nursing V DHSS [1981]-A pregnancy can only be 'terminated by a registered medical practitioner'.
-Only doctors in 1961 when the act was passed were registered medical practitioners but part of this procedure was being carried out by a nurse.
-NOT GUILTY as the will of parliament was to make abortions safe.
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- Flashcards on Law Cases, created by jack.pethick on 09/12/2014.
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