Flashcards
The Mischief Rule
Flashcards do conjunto (9)
- 1Where do we get the definition of the Mischief Rule?From Heydon's Case
- 2What 4 points did Heydon's Case say the courts should consider?1) What was the Common Law before the Act?
2) What was the mischief and defect for which the Common Law did not provide
3) What was the remedy Parliament hath resolved and appointed to cure the disease of the commonwealth
4) True Reason for the remedy - 3What case held that the Mischief Rule can only be used when there is ambiguity in the statute?Re Sussex Peerage
- 4What 3 cases can be used to describe the Mischief Rule?1) Smith V Hughes
2) Gardiner V Sevenoaks
3) RCN V DHSS - 5Describe Smith V HughesStreet Offences Act made it illegal for a prostitute to solicit on the street. 6 prostitutes were in windows trying to attract customers. Prostitutes were found guilty as the Mischief was prostitutes harassing citizens on the street
- 6Describe Gardiner V SevenoaksGardiner had to comply with safety regulation is his premises, a cave. Cave was premises as the mischief was the risk of fire which existed in a cave.
- 7Describe RCN V DHSSAbortion Act said only doctors could carry out an abortion. Drug induced terminations were being carried out by nurses. Nurses not guilty because Mischief had been the previous law which lead to ''back-street abortions''. Nurses are considered skilled so the practice was lawful
- 8Give 3 advantages of the Mischief Rule1) Fairer than LR and GR
2) Allows for mistakes by Parliament
3) Quicker Law Development - 9Give 3 disadvantages of the Mischief Rule1) Undermines Parliamentary Sovereignty
2) Unfair if the mischief cant be found
3) Judiciary is supposed to INTERPRET the law.
Informações
- Descrição
- AS level Law (Sources of Law - Statutory Interpretation) FlashCards sobre The Mischief Rule, criado por Jake Ashby em 30-10-2019.
- Criado por
- Jake Ashby
- Visualizações
- 0
- Avaliação