Flashcards
Internal Aids
Flashcards do conjunto (7)
- 1What is an internal aid?If face with an awkward passage in a statute, a judge can consider other parts of the statute to help him decide the meaning.
Found within itself. - 2What is the case which goes with 'the scheme of the act as a whole including other sections'?Cundy v Le Cocq
Facts - defendant sold alcohol to someone who was already drunk
Statute - Its an offence to serve liquor to someone who is already drunk.'
Outcome - His defense was that he didn't know the man was drunk
Court had to look at other sections of the act to then decide that this didn't matter as the relevant section of the act didn't use the word 'knowingly' like the other section did.
Guilty - crime strict reliability - 3What are Long titles? Give an exampleIt's the formal title appearing at the head of a statute.
Abortion - 'An act to amend and clarify thr law relating to termination of pregnancy by registered medical practitioners.' - 4What are short titles? Give an exampleIt's the formal name by which a piece of primary legislation.
'Abortion Act 1967' - 5What is a schedule to the act? Give an exampleIt makes more sense of the main text.
Hunting Act 2004 contains a list pf hunting that are lawful and unlawful - 6What are definitions contained in other parts of the Act? Give an exampleWords that have been defined already in the act.
Law reform (year and a day rule) Act 1996
This act abolished the rule that you couldn't be charger with a 'fatal offence' if your victim died more than a year and a day of the offence. - 7What are the advantages of using Internal aids?1) Keep interpretation of act consistent e.g. cundy
2) Uphold the principle of Parliamentary Sovereignty
3) Provide simple, accessible and predictable solutions - avoids litigation in court
4) Helpful when applying MR as they indicate why the Act was passed
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- A-Level Law (Statutory Interpretation) FlashCards sobre Internal Aids, criado por Lily Gray em 07-12-2013.
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- Lily Gray
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