What are the two mains problems of the interpretation of statutes?
1. vague and ambiguous language 2. new situations unforeseen at the time
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what is the primary task of the court when interpreting a statute?
to search for and give effect to the intention of Parliament?
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How does Fisher vs Bell 1961 an example of the use of the literal rule?
Crime to offer offensive weapons for sale - law of contract - placing something in a window is an invitation to treat - customer makes the offer when he proffers money -The court held that under the literal rule of offer, D hadn't committed offence
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In what circumstances may the Golden Rule be used?
when the literal rule leads to an absurd result
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What are the 4 elements of the mischief rule set out in Heydon's case 1854?
1. What was the common law before it? 2. what was the mischief/defect? 3. What remedy was appointed? 4. The true reason of the remedy
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what is the difference between the mischief rule and the purposive approach?
purposive approach uses more strict criteria and can go beyond the words of the act where as mischief is limited
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what is the difference between internal and external aids?
Internal = details in the act only; external = outside the act
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what are the 6 internal aids to construction?
long title, short title, preamble, marginal/side notes, cross-headings and punctuation
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What is the significance of the Interpretation Act 1978?
S4: sets out when an act come into force unless specified differently; S6 when words imply a masculine gender (he, his) they also include the female gender and where words are appearing singular, this also includes plural versions of the word
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What is Hansard? In what circumstances can Court reply to it?
Hansard is an official record of parliamentary debates. To be used legislation must be vague or have statements in it which rely on what the ministers said in the debate to interpret it effectively.
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What is the expressio unius eat exclusion alterius rule?
mention of one or more specific things of a particular class followed by 'and others' - 'others' excludes anything not in that class. e.g. lions, leopards, tigers and others - 'others' wouldn't be a horse. it would only include big cats
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What is the ejusdem genesis rule?
the express mention of one thing excludes all others. So if a statute stated it applies to lions and tigers (without stating and other) it would only apply to lions and tigers and not leopards and cheetahs
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what is the noscitur a sociis rule?
words derive their meaning from the context they appear e.g. floors, stairs, corridors and passages' - floors would be considered to be a passageway because of the context it's in.
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What are the 4 presumptions of legislative intent in cases of doubt or ambiguity?
1-penal statutes (made to construed to avoid liability); 2-retrospective operation of a statute - no retrospective effect intended; 3-not ousting jurisdiction of Courts; 4-parliament aren't breaking international law
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What is the effect of section 3(1) of the Human Rights Act 1998?
primary and secondary legislation must be read and give effect in a way which is compatible with the convention of human rights
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Other cards in this set
Card 2
Front
what is the primary task of the court when interpreting a statute?
Back
to search for and give effect to the intention of Parliament?
Card 3
Front
How does Fisher vs Bell 1961 an example of the use of the literal rule?
Back
Card 4
Front
In what circumstances may the Golden Rule be used?
Back
Card 5
Front
What are the 4 elements of the mischief rule set out in Heydon's case 1854?
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