Flashcards
literal rule
Cards in this deck (7)
- 1DEFINITION?- should be the first rule a judge uses.
- words taken in their ordinary/ natural/ plain/ simple sense - 2FISHER V BELLHad knife in window which was an 'offer for sale' not an 'invitation for treat' which was needed to be guilty of the offense under the offensive weapons act.
- 3R V CHEESEMANDefendant caught masturbating in public toilets by police officers who were not considered 'passengers'.
- 4WHITELEY V CHAPPELDefendant pretends to be someone who's died. isn't guilty as isn't imitating someone 'eligible to vote' as they're dead.
- 5BERRIMANWas killed by a train whilst maintaining track but statute required victim to be 'relaying or repairing'.
- 6ADVANTAGES- Restricts the role of judge
- upholds separation of powers
- the law is simple and certain
- puts pressure on parliament to change mistakes
- avoids court having to make too much of external aids - 7DISADVANTAGES- Can lead to perverse/ unjust outcomes
- assumes that words only have one meaning
- assumes every Act of Parliament is perfectly drafted
-even if changed, doesn't put right the original injustice
- doesn't reflect European law and The Human Rights Act
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- A level Law (Unit1 T2) Flashcards on literal rule, created by Amelia Hibbert on 12/04/2017.
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- Amelia Hibbert
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