Flashcards
Statutory Interpretation
Flashcards do conjunto (38)
- 1What does Ejusdem Generis mean?The rule of the same kind
- 2Define Ejusdem GenerisWhen a list of specific words is followed by a general word, the general word is interpreted alongside the specific words
- 3Ejusdem Generis casePowell V Kempton Park Racecourse
- 4What principle was laid out in Powell V Kempton Park RacecourseThe Betting Act made it an offence to keep a house, office, room or other place for the purposes of betting. It was interpreted that any other place for betting only included indoor places as listed.
- 5Define Expressio unius est exclusion alteriusThe expression of one thing excludes another
- 6Expressio unius est exclusion alterius caseR V Inhabitants of Sedgeley
- 7What happened in R V Inhabitants of Sedgeley?An act referred to a list of coal mines therefore this could not be extended to other types of mines
- 8Define Noscitur a sociisA word is known by the company it keeps
- 9Case for noscitur a sociisInland Revenue Commissioners V Frere
- 10What happened in Inland Revenue Commissioners V Frere?An act referred to 'interest, annuities or other annual interest.' it was interpreted that the use of interest must be restricted to annual interest
- 11Examples of extrinsic aidsText books
Dictionaries of the time
Hansard
Case law
Law reform reports - 12Examples of intrinsic aidsMarginal notes
Preamble
Long/short title
Schedules - 13What does the case Pepper V Hart say?judges should be allowed to use hansard if the law is unclear and would lead to an absurd outcome
- 14What is the case which uses a dictionary as an interpretation aid?Vaughan V Vaughan
- 15Describe the literal ruleTakes the plain or ordinary meaning of a word
- 16Four cases for the literal ruleWhitely V Chappel
LNER V Berriman
Cheeseman V DPP
R V Porter - 17Advantages of the literal ruleParliamentary supremacy
Certainty
Avoids judicial law making - 18Disadvantages of the literal ruleExpects the statutes to be written perfectly
Can lead to absurdity
Evolution of language - 19Define the golden ruleA variation of the literal rule which looks at the meaning but aims to avoid absurdity
- 20Define the narrow approachIf a word is ambiguous the judge can choose the meaning which would lead to the least absurdity
- 21Case for the narrow approach explainedR V Allen the word 'marriage was ambiguous. The judge decided to go with going through a marriage ceremony to avoid absurdity
- 22Define the wide approachThe meaning of a word is clear but it would lead to absurdity so judges may interpret it differently
- 23Two cases explained for the wide approachAdler V George 'in the vicinity' interpreted to include being inside the vicinity
Re Sigsworth man wasn't allowed to inherit mother's estate because he killed her - 24Statute in Adler V GeorgeOfficial Secrets Act 1920
- 25Advantages of the golden ruleAvoids absurdity
Puts into effect Parliament's intentions
Prevents Parliament having to make amending legislation - 26Disadvantages of the golden ruleJudges aren't democratically elected
limited in use
uncertainty
unpredictable and lacks guidelines - 27Define the mischief ruleLooks to remedy the mischief the act was trying to prevent
- 28Two cases for the mischief ruleSmith V Hughes
RCN V DHSS - 29The statute in Smith V HughesStreet Offences Act 1959
- 30Case that laid down the mischief ruleHeyden's case
- 31The statute in RCN V DHSSAbortion Act 1967
- 32Advantages of the mischief ruleGives effect to Parliament's intentions
Save Parliament passing an amending Act
Considers social and technological changes
Avoids absurdity - 33Disadvantages of the mischief ruleCan be difficult to know Parliament's intentions
Creates judicial law making
Cause uncertainty - 34Define the purposive approachJudges look at the object of the act
Used widely in the EU - 35Two cases for the purposive approach explainedJones V Tower Boot Co. man being racially abused at work, employer liable as it was during the course of his employment
R V Registrar General ex parte Smith man not allowed to see his mother as they feared he would harm her - 36Statute in R V Registrar General ex parte SmithAdoption Act 1976
- 37Advantages of the purposive approachGives effect to Parliament's intentions
Allows judges to use their common sense
Judges can consider social and technological changes
Avoids absurdity - 38Disadvantages of the purposive approachFinding the purpose of an act can be difficult
judicial law making
Causes uncertainty
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- Descrição
- AS - Level Law FlashCards sobre Statutory Interpretation , criado por Megan Olivia Law em 11-05-2016.
- Criado por
- Megan Olivia Law
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