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Description
Flashcards by abbie.ryall, updated more than 1 year ago
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Created by abbie.ryall
about 10 years ago
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| Question | Answer |
| LONG/SHORT TITLES | Long title: The paragraph at the beginning of a statute which sets out its purpose. E.g. the abortion act 1967 'an act to amend and clarify the law relating to the termination of pregnancy by a registered medical practitioner. Short title: name of the act |
| THE PREAMBLE | The paragraph at the beginning of an act of parliament. May assist the judge in deciding what the purpose of the act is. Follows long title, not often used. Part of the statute which sets out it purpose and effects. States the mischief to be remedied and the scope of the act. |
| MARGINAL NOTES AND HEADINGS | Found in the margins, often written by the drafts people and not discussed in P therefore not giving their intention. Some sections of an act have headings. Lord Reid: 'cross headings, side notes and punctuation may be taken into account but do not have equal weight as the words of an act' |
| INTERPRETATION SECTIONS | Sections contained within the act that give definitions of words the draftsmen felt needed more clarification. E.g. The law reform (year and a day rule) act 1996 defines 'fatal offence' in its interpretation section. |
| SCHEDUALS | An appendix to the act which gives details and supplements the main body of the act. Found at the end of an act- provides a detailed clarification. |
| PRESUMPTIONS | Ideas that judges always adhere to. E.g. presumption that mens rea is required for a criminal offence. |
| RULES OF LANGUAGE | Ejusdem generis: Of the same kind. Expressio unuis est exclusio alterius: express mention of one thing implies the exclusion of another. Noscitur sociis: A word known by the company it keeps. |
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