5-Law making: statutory interpretation Flashcards Preview

Year 1 A level Law AQA Textbook > 5-Law making: statutory interpretation > Flashcards

Flashcards in 5-Law making: statutory interpretation Deck (42)
Loading flashcards...
1
Q

What statute clarifies that certain wording includes the opposite as well as in he/ she and singular/ plural?

A

Interpretation Act 1978

2
Q

Interpretation Act 1978

A

Clarifies that certain wording includes the opposite as well as in he/ she and singular/ plural.

3
Q

What are the three rules of Statutory Interpretation?

A

1) Literal rule
2) Golden rule
3) Mischief rule

4
Q

What is the literal rule?

A

Where words in a statute given their literal meaning even if the outcome is absurd.

5
Q

Where words in a statute given their literal meaning even if the outcome is absurd.

A

The literal rule (to statutory interpretation)

6
Q

What case supports the Literal rule?

To whom is this attributed?

A

R v Judge of the City of London (1892)

Lord Escher

7
Q

Lord Escher explained what in the case of R v Judge of the City of London (1892)?

A

The literal rule

8
Q

Case example for an absurd outcome to the literal rule?

A

Whiteley v Chappel (1868)

Facts: Someone impersonated a dead person and was not charged as the dead person was not ‘entitled to vote’

9
Q

Whiteley v Chappel (1868)

A

Example of: absurd outcome of the literal rule to statutory interpretation.

Facts: Someone impersonated a dead person and was not charged as the dead person was not ‘entitled to vote’

10
Q

Case example for a harsh decision using the literal rule to statutory interpretation?

A

LNER v Berriman (1946)

Facts: Widow could not claim for husband’s death as he died ‘oiling’ rail tracks as a pose to ‘maintaining’.

11
Q

LNER v Berriman (1946)

A

Example of: a harsh ruling of a case when using the literal rule of statutory interpretation.

Facts: Widow could not claim for husband’s death as he died ‘oiling’ rail tracks as a pose to ‘maintaining’.

12
Q

In what two ways can the golden rule of statutory interpretation be used?

A

Narrow-Jones v DPP (1962)

Wide

13
Q

What case gives a definition for the narrow use of the golden rule of statutory interpretation?

To whom is it attributed?

A

Jones v DPP (1962)

Lord Reid

14
Q

What did Lord Reid establish in Jones v DPP (1962)?

A

The definition of the narrow use of the golden rule of statutory interpretation.

15
Q

What is the wide use of the golden rule for statutory interpretation?

Case example

A

Where words have only one clear meaning, but the outcome would be repugnant so they use the golden rule to modify the outcome.

Re Sigsworth (1935)

16
Q

What case demonstrates the narrow use of the golden rule for statutory interpretation?

A

Adler v George (1964)

Facts: D’s argued that the statute protecting HM Forces stated ‘in vicinity of’ whilst they were ON the premises-held to be a repugnant result so they were found guilty on the same charge.

17
Q

Adler v George (1964)

A

Example of: Narrow use of the golden rule for statutory interpretation.

Facts: D’s argued that the statute protecting HM Forces stated ‘in vicinity of’ whilst they were ON the premises-held to be a repugnant result so they were found guilty on the same charge.

18
Q

What case is an example of the wider use of the golden rule for statutory interpretation?

A

Re Sigsworth (1935)

Facts: Son who murdered mother was found not to be entitled to her estate despite statute stating otherwise.

19
Q

Re Sigsworth (1935)

A

Example of: The wider use of the golden rule of statutory interpretation.

Facts: Son who murdered mother was found not to be entitled to her estate despite statute stating otherwise.

20
Q

Definition of the mischief rule?

Which case does it originate from?

A

Looks at the gap in the previous law and interprets the act to cover that gap.

Heydon’s case (1584)

21
Q

What case does the mischief rule of statutory interpretation originate from?

A

Heydon’s case (1584)

22
Q

Heydon’s case (1584)

A

Established the mischief rule for statutory interpretation.

23
Q

What case is an example of the mischief rule of statutory interpretation?

A

Smith v Hughes (1960)

Facts: Prostitutes in windows and balconies were held to be ‘in a street’ for the purpose of prostitution.

24
Q

Smith v Hughes (1960)

A

Example of: the mischief rule for statutory interpretation.

Facts: Prostitutes in windows and balconies were held to be ‘in a street’ for the purpose of prostitution.

25
Q

What is an additional approach to statutory interpretation?

A

The purposive approach.

26
Q

The purposive approach

A

An additional approach to statutory interpretation.

27
Q

What is the purposive approach?

A

When judges decide what they believe Parliament meant to achieve in the statute.

28
Q

Example case using the purposive approach to statutory interpretation?

A

R v Registrar-General (Smith) (1990)

Facts: Psychiatric patient wished to know ID of mother and was entitled under statute, but purposive approach was used as perceived threat to mother.

29
Q

R v Registrar-General (Smith) (1990)

A

Example of: purposive approach to statutory interpretation.

Facts: Psychiatric patient wished to know ID of mother and was entitled under statute, but purposive approach was used as perceived threat to mother.

30
Q

Advantages to the literal rule of statutory interpretation?

A

1) Judges cannot create law only implement it

2) Clarity over how judges will interpret the statute

31
Q

Disadvantages to the literal rule of statutory interpretation?

A

1) Different meanings to one word

2) Repugnant results

32
Q

Advantages to the golden rule of statutory interpretation?

A

1) Provides alternative to repugnant result of literal rule

33
Q

Disadvantages to the golden rule of statutory interpretation?

A

1) Not used often enough to be a reliable predictor of a judgement

34
Q

Advantages to the mischief rule of statutory interpretation?

A

1) Promotes the original purpose of the statute
2) Intends to fill the gap in law the statute is trying to fill
3) Most likely to produce a ‘just’ result

35
Q

Disadvantages to the mischief rule of statutory interpretation?

A

1) Judicial law making
2) Uncertainty in the law
3) Considers a more narrow area than the purposive approach

36
Q

Advantages to the purposive approach of statutory interpretation?

A

1) Judges have greatest discretion with this approach

2) Judgements can be adapted to suit advancements in society or technology

37
Q

Disadvantages to the purposive approach of statutory interpretation?

A

1) Judicial law making
2) Use of non-statute info like Hansard
3) Hard to predict the outcome of a judgement

38
Q

Internal aid to interpretation

A

Other sections in the Act

Harrow LBC v Shah and Shah (1999)

39
Q

What case shows the use of another section in an act as an aid to Interpretation?

A

Harrow LBC v Shah and Shah (1999)

Facts: Act stating a necessary men’s rea for other sections indicated the section D’s were charged under was strict liability.

40
Q

External aids to statutory interpretation

A

Dictionary

Hansard-Pepper v Hart (1993)

41
Q

What case showed that use of Hansard is allowed and in what circumstance?

A

Pepper v Hart (1993)

When the Act is ambiguous.

42
Q

What case shows that an advancement in technology can be accounted for in the purposive approach?

A

Royal College of Nursing v DHSS (1981)

Abortions being carried out by nurses.