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Flashcards

Statutory Interpretation Key Words

Claudia Goodyear Law AS - Level Inglês 12 flashcards

Flashcards do conjunto (12)

  1. 1Statutory InterpretationWhen judges have to decide the meaning of words in an Act to give effect to the intention of Parliament.
  2. 2Literal RuleGiving words their natural, ordinary, dictionary meaning, even if it results in absurdity.
  3. 3Golden RuleAn extension to the literal rule that says Judges should use the literal rule unless it would produce an absurd result.
  4. 4Narrow UseWhere a word has more than one meaning, the narrow use of the golden rule allows the Judge to choose the meaning that avoids absurdity.
  5. 5Wider UseWhere there is only one literal meaning of a word or phrase but to apply it would cause a absurdity, then the wider use of the golden rule can be used to modify this meaning to avoid absurdity.
  6. 6Mischief RuleJudges should consider:
    What was the old law before the Act was passed.
    What was the problem (mischief) with that law.
    What was the remedy that Parliament was trying to provide.
  7. 7Purposive ApproachThis requires the court to examine the purpose of the Act and interpret doubtful phrases in accordance with that purpose.
  8. 8Intrinsic AidsAnything in the Act itself which may help make its meaning clear.
  9. 9Extrinsic AidsCertain things outside the Act which the Judge is allowed to use to help interpret the Act.
  10. 10Ejusdem GenerisWhere a list is followed by general words then the general words are limited to the same kind of items as in the list.
  11. 11Express Wording RuleA list not followed by general words is limited to items in the list.
  12. 12Noscitur a SociisWords may be looked at in context and interpreted accordingly.

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AS - Level Law (Unit 1 - Statutory Interpretation) FlashCards sobre Statutory Interpretation Key Words, criado por Claudia Goodyear em 04-04-2016.
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