Judicial Precedent and Statutory Interpretation Rules

Literal Rule

The law is taken at face value and applied literally. This causes issues such as interpreting words such as supply in drug cases differently.

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Golden Rule

Sometimes the literal meaning of the law will lead to an absurd result and so the golden rule allows judges to avoid this.

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Mischief Rule

Allows the court to enforce what the statute was originally intended to achieve rather than what the wording literally states.

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Judicial Precedent

Past decisions of judges create law for future judges to follow

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Exceptions to precedent

Distinguishing cases
Where the facts in the present case is different enough from a prior case and so will pass a different judgement.

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Exceptions to precedent

Overruling
This is where a higher court decides the decision made in a lower court was wrong and overturns it such as in the Appeals Process.

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Other cards in this set

Sometimes the literal meaning of the law will lead to an absurd result and so the golden rule allows judges to avoid this.

Golden Rule

Allows the court to enforce what the statute was originally intended to achieve rather than what the wording literally states.

Past decisions of judges create law for future judges to follow

Distinguishing cases
Where the facts in the present case is different enough from a prior case and so will pass a different judgement.

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