Flashcards
External Aids
Cards in this deck (16)
- 1What is an external aid?There is a rule that a court may not look outside a statute for the meaning of the statute, but there are some exceptions.
- 2Why might a judge refer to a dictionary? Give a case which shows this EAA judge may refer to a good dictionary to find the ordinary meaning of a word.
Example - Vaughan v Vaughan
Facts - A women's ex husband was turning up at her house in the morning and evenings, He also went to her work place in the day.
Statute - Used word 'molest' - had to be defined - means 'to cause trouble, vex, annoy or put to inconvenienced'.
Outcome - Guilty as word did cover the situation. - 3What is the advantage and disadvantage of using a dictionary?Using when using LR.
Not useful when using other approachs. - 4What is the Interpretation Act 1978?The act which defines the UK.
Contains definitions for many of the most common words and phrases in UK statute law and its definitions apply to all other acts unless that other act says otherwise. - 5What are the advantage and disadvantage of using the Interpretation Act 1978?Useful as it promotes consistency across legislation.
Less useful as it doesn't deal with very specialised words. - 6What are explanatory notes?Published for each Act explaining the background to the Act and the effect its provisions are intended to have.
So useful for MR or PA - 7What is Hansard?The daily report of preceding in Parliament.
The may refer to this so they can discover what was said about the Act when ti was going through its various stages of a Bill. - 8When did the House of Lords say that Hansard can only be used?- The literal meaning of the statute was absurd
- The statement from Hansard revelaed the intention of Parliament
- The statement was made by the relevant minister or the promoter of the bill... and
- The statement itself was clear - 9What are the advantages of using Hansard?- Obvious source of information
Many countries allow their Parliamentary reports to be used in this way.
- Parliament is reported in the normal media and it would be daft if Judges had to ignore what they have seen in the news. - 10What are the disadvantages of using Hansard?- Impossible burden on barristers and solicitors in that they cannot afford to buy and keep something as lengthy as Hansard.
- Speeches made may not be relevant and helpful
- A ministerial speech may not reflect the intention of Parliament - 11What case allowed the courts to refer to hansard?Pepper v Hart
Facts - It involved school teachers working at Private School. They were allowed to send their own children to school free of charge
Statute - Was not clear, do you pay tax on money saved by teachers or charge tax on how much It'll cost.
Outcome - Charged on the cost of the school. - 12What are white papers and law commission reports?Can be used if they explain the pre-existing law and the problem the Act was intended to curve.
- 13What are the advantages and disadvantage of white papers and law commission reports?Documents can explain the background to and purpose of an act.
Courts ignore them at their peril. - 14What are previous judicial decisions?If a particular word in a particular statute has already been decided in a previous case, then the Judge should follow that decision.
- 15Give an example of a case which shows previous judicial decision.R v Ghosh
Defines 'dishonesty' - everyone must comply with this meaning - 16What are the advantages and disadvantages of previous judicial decisions?Ad - Consistent
Helps lawyers and their clients as they research the law and prepare for cases.
Disad - Any one reading the statute wouldn't know of the Judicial Interpretation that had built up and the law becomes less transparent or accessible.
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- A-Level Law (Statutory Interpretation) Flashcards on External Aids, created by Lily Gray on 07/12/2013.
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- Lily Gray
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