An advantage of the literal rule is it creates certainty
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Why does the Literal Rule create certainty?
because it follows the Act strictly, word for word, and so they will always have the same meaning
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how was the literal rule used to create certainty in DPP v Cheeseman
the word passenger was taken from the dictionary and so everyone will be viewed under the same definition of ‘passer by’
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Why is certainty in the Law good?
This is good because it keeps the law fair and consistent and allows lawyers and defendants to know the law and properly prepare for trials
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Advantages of the Literal rule
Creates Parliamentary Supremacy
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How did the literal rule create Parliamentary Supremacy?
Supremacy because it follows the exact wording Parliament used and the literal meaning of those words
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LNER v Berriman, how did this use Parliamentary Supremacy?
because they stuck to the strict meaning of relaying and repairing and refused to include maintaining when it had not been specified by Parliament
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Advantage of the literal rule
is easy to use and saves time
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How is the Literal rule easy to use and save time
This is because judges do not need to think about the meaning of words, just apply them as they are
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How does Whitely v Chappell show the literal rule is easy to use and saves time?
the judges only had to decide what entitled to vote meant and then see how that worked in the case facts, they did not need to hear complicated arguments
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Why is easy to use and saving time an advantage for the literal rule?
because it means ‘swift ‘justice’ and more cases can be dealt with in less time
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Other cards in this set
Card 2
Front
Why does the Literal Rule create certainty?
Back
because it follows the Act strictly, word for word, and so they will always have the same meaning
Card 3
Front
how was the literal rule used to create certainty in DPP v Cheeseman
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