Flashcards
Rules
Flashcards do conjunto (12)
- 1Rules of Constructionwhat meaning to give words and why - 4 types Literal Rule, Golden Rule, Mischief Rule and The Purposive Approach
- 2Literal RuleUsing the ordinary and natural meaning of the words.
- 3Golden RuleThe different interpretations that may arise from the natural and ordinary meanings of the word.
- 4Mischief RuleLooking at the intention of parliament when they created that statue in the first place to derive interpretations.
- 5The purposive aproachJudges look at the reason as to why the statue was passed and its purpose.
- 6Rules of LanguageUsing language in a statute to resolve any ambiguity.
- 7Expressio unius est exclusion alteriusTo say one thing is to exclude the others.
- 8Noscritur a sociisThe meaning can be taken rom the surrounding words and contexts.
- 9Eiusdem Generiusof the same type - where general words need interpretation
- 10In pain materialupon the same matter or subject
- 11Aids to InterpretationTwo:
Extrinsic - using any material outside of the statute.
Intrinsic - using only the materials in the statute. - 12Presumptions1. Statutes should not alter common law.
2. No statute applies retrospectively - something that was lawful could be rendered unlawful after the event.
3. In criminal statute - any ambiguity should be in favour of the defendant.
4. there is a presumption against ousting the jurisdiction of the courts.
Informações
- Descrição
- Law FlashCards sobre Rules , criado por Natassia Brown em 23-10-2016.
- Criado por
- Natassia Brown
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