Law01 Case Cards

Statutory Interpretation (Literal) - Whitely V Chapple
D guilty under voting under another person's name who was entitled to vote. Man he voted for was dead. Literal approach not guilty as dead man not entitled to vote.
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Statutory Interpretation (Literal) - Fisher V Bell
D guilty of offering for sale an offensive weapon, he had it on display in his shop window. Literal definition said that its the customer who makes the offer, the window was just an invition to treat. Held not guilty
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Statutory Interpretation (Literal) - LNER V Berriman
A railway worker was killed while doing maintenance, his widow sued, no watchman. The Fatal Accidence Act stated the need for a watchman when someone was: relaying or reparing. Courts took this literally and oiling was neither, no £
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Statutory Interpretation (Golden) - R V Allen
Bigamy. Allen married to 2 women. 'Someone who is married shall not be married to another person'. Marry is a legl bond to another person and so you cant be legally bound to more than 1 person at a time making bigamy impossible.
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Statutory Interpretation (Golden) - Re Sigsworth
Son murderd his mother, she did not have a will so her estate would go to her next of kin - the son. No ambiguity or broad terms but would lead to a silly outcome. Sigsworth benifitting from his crimes. Golden rule allowed to prevent this.
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Statutory Interpretation (Mischief) - Smith V Hughes
Prostitutes soliciting from a balcony and a window. The street offences act made it an offence for prostitutes to loiter in a street or public place. The window or balcony was neither. However the mischief was to clean the street of such things.
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Statutory Interpretation (Mischief) - Royal Colleg of Nursing V DHSS
Wording of the Abortion Act stated that an abortion shall only be preformed by a doctor. Medical advances saw nurses were now able to do it. The Mischief was to stop llegal abortions at the time causing death.
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Statutory Interpretation (Mischief) - Eastbourne B.C V Stirling
Taxi Driver charged with 'plying for hire in any street' without licence. His car was parked on a taxi rank not on the street. Held guilty even though he was on private land he was likely to get customers from the street.
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Statutory Interpretation (Purposive) - Quintavalle V Secretary of State
Act stated that an embryo definition was a live human embryo where fertillisation is complete. In the case the embryos were made with cell nuclear replacement - no fertilisation. Purposive used as the timingof the act this was not around
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Statutory Interpretation (Hansard) - Davis v Johnson
Lord Denning tried to attack the ban on the use of Hansard in this 1979 case involving the interpretation of the Domestic Violence Act. Admitting he had read hansard before making a decision. HofL disapproved this.
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Statutort Interpretation (Hansard) - Pepper v Hart
1993 the House of Lords relaxed the ban on the use of Hansard and accepted that it could be used in limited ways.
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Statutory Interpretation (Human Rights) - Mendoza v Ghaidan
Court of Appeal ignored the HofL judgement about the Rent Act prior to human rights, rent act stated if the tenannt died then the spouse had the right to take over. The case was a gay relationship. Question if he had the right. He was changed act.
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Statutory Interpretation (Ejustem Generis Rule) - Hobbs v CG Robertson Ltd
Workman injured eye while cutting brick, claimed glasses should be provided. Construction Reg Act made in the employers responsibilty to provide goggles when cutting "stone, concrete, **** or SIMILAR materials" Held brick was not a similar material
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Statutory Interpretation (Expressio Unius exclusio Alterius Rule) - Tempest v Kilner
Considering the Fraud Act. Act required a contract for the sales of "goods, wares and merchandise" No general word. Just them 3 things. Case about stocks and shares - not mentioned.
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Statutory Interpetation (Noscitur a Sociis Rule) - IRC v Frere
Section set out rules for "interests, annuities or other annual interests" the 1st use of the word interst is broad and could mean anything the phrase 'annual' thecourt held that interest only meant annual interest.
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Judicial Precedent (Original Precedent) - Hunter V Canary Wharf
Hundreds of claims made against Canary Wharf Ltd. The erection of the buildings interfered with TV reception. HofL had to decide whether or not interference with TV signals was capable of being an 'actionable nuisance'. Held not and set a precedent.
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Judicial Precedent (Binding Precedent) - Froom v Butcher
C was injured in a road traffic accident not wearing a seat belt. Negligence of D. Lord Denning set out guidelines as to apportionment of damages in such cases.
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Judicial Precedent (Persuasive Lower in Hierarchy) - R v R
House of Lords agreed with and followed the same reasoning as the court of appeal in deciding that a man could be guilty of ****** his wife.
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Judicial Precedent (Persuasive Privy Council) - Attorney General for Jersey v Holley
Privy Council announcing the law applicable not only to Jersey but also to England and Wales. (Privy Council decisions are not generally considered binding). Defence of provocation - hacked girlfriend to death after announcing she had sex with others
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Judicial Precedent (Persuasive Obiter Dicta) - R v Howe and R v Gotts
Howe: HofL stated duress could not be a defence to murder. Made the obiter dicta comment that it wouldnt be allowed for attempted murder too. In Gotts this obiter dicta comment was followed as persuasive by CofA
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Judicial Precedent (Divisional Courts) - Police Authority for Huddersfield v Watson
Deciding case that said the Divisional Courts (QB, Family & Chancery) bound by their own previous decisions
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Judicial Precedent (Practice Statement) - Conway v Rimmer and Herrington v British Railway Board
Conway was the 1st use of the practice statement but was only on technical law on discovery of documents. Herrington was the first major use on the duty of care owed to child trespassers.
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Judicial Precedent (Criminal use of Practice Statement) - R v Shivpuri
1st use criminally. D arrested for smuggling drugs however he only had dried cabbage powder that the thought was herorin. Charged with attempting smuggling. going against decision made in a previous case
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Judicial Precedent (CofA past decision) - Young v Bristol Aeroplane co.
This caseoutlined the exceptions to the rule that the court of appel had to follow its past decisions. The exceptions where when there are conflicting past decisions, HofL decision which overruled the decision, the decision was made in error
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Judicial Precedent (Distinguishing) - Balfour and Merritt
two cases where wifes were suing there husbands for breach of contract. They were distinguished because Balfor was a purly domestic agreement - no legal relations intended. Whereas Merritt was intended to be legally binding.
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Judicial Precedent (Overruling) - Pepper v Hart and Davis v Johnson
In Pepper v Hart the House of Lods overruled Davis v Johnson on the use of Hansard as an external aid.
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Judicial Precedent (Disapproving) - R v Hudson & Taylor
2 girls committed perjury. Witness a fight and held to give evidence had had death threats from the Ds friend who was sat in the public gallery - scared so they lied. CofA held that the defence of duress available. Disapproved by the HofL R v Hansan
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Delegated Legislation (Orders in Council) Misuse of Drugs Act
2003 altered the act to make cannabis class C. 5 years later decided this was amistake and so another order changed it back to B.
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Delegated Legislation (Statutory Instruments) Police Codes of Practice
Powers to stop and search, arrest and detention. Very long with detailed regulations too complex to include in an Act of Parliament.
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Delegated Legislation (Unreasonable Regulation) Strickland v Hayes Borough Council
A by-law that prohibited the singing or reciting of any obscene songs or ballad and the use of obscene language generally, was held to be unreasonable and so ultra vires
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Delegated Legislation (Control by Court) Aylesbury Mushroom
Court held that the correct procedure had not been followed so the legislation is void. Did not consult organisations which would be affected by the proposal. Failed to consult the Mushroom Gromers' Association (representing 85%)
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Other cards in this set

Card 2

Front

D guilty of offering for sale an offensive weapon, he had it on display in his shop window. Literal definition said that its the customer who makes the offer, the window was just an invition to treat. Held not guilty

Back

Statutory Interpretation (Literal) - Fisher V Bell

Card 3

Front

A railway worker was killed while doing maintenance, his widow sued, no watchman. The Fatal Accidence Act stated the need for a watchman when someone was: relaying or reparing. Courts took this literally and oiling was neither, no £

Back

Preview of the back of card 3

Card 4

Front

Bigamy. Allen married to 2 women. 'Someone who is married shall not be married to another person'. Marry is a legl bond to another person and so you cant be legally bound to more than 1 person at a time making bigamy impossible.

Back

Preview of the back of card 4

Card 5

Front

Son murderd his mother, she did not have a will so her estate would go to her next of kin - the son. No ambiguity or broad terms but would lead to a silly outcome. Sigsworth benifitting from his crimes. Golden rule allowed to prevent this.

Back

Preview of the back of card 5
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