SI and DL

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Name 2 cases in which the literal rule was applied.
LNER Co. v Berriman, Whitely v Chapell, Fisher v Bell.
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Why was the knife allowed in the store window in the Fisher v Bell Case? Use quote.
It was an 'invitation to treat'.
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Why couldn't the widow get compensation in Railway v Berriman case?
He was oiling the tracks, not repairing or relaying them.
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Name two cases in which the Golden Rule was applied.
R v Allen, Re Sigsworth.
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Name 2 cases in which the Literal Rule was applied.
Smith v Hughes, Royal College Nursing v DHSS
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What are the 4 things taken into consideration when applying the mischief rule?
Before, Mischief, Remedy, Reason.
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Name two cases that feature the purposive approach.
Jones v Tower Boot Co, Fitzpatrick v Stirling Housing Association or R v Registrar General Ex Parte Smith
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What does edjusdem generis mean?
Of the same kind.
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Where would Expressio Unius be applied?
when "etc." or "and others" is not included.
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Name a act used in Statutory interpretation.
Education Reform Act 1988, National minimum wage act 1998.
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Name a parent act used in a by law.
Local Government Act 1972
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Who can use an Order in Council and what is the original Parent Act.
The Privy Council and the Emergency Powers Act 1920.
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What case used a Procedural Ultra Vire and why?
The Aylesbury Mushroom Case as mushroom farmers weren't notified of the changes in training.
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What case used a Subtantive Ultra Vire and why?
Cure and Deeley as Customs officers were illegally fining people on top of taxing them.
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What case was unreasonable and controlled by courts?
Strickland v Hayes Borough Council.
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How many statutory instruments are passed on average per year?
3000.
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What extrinsic aids can be used to find intent of parliament?
Dictionaries, other cases and Hansard.
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What do you look at inside the case when finding intent of parliament?
Intrinsic Aids: Title, schedule and interpretation sections.
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Other cards in this set

Card 2

Front

Why was the knife allowed in the store window in the Fisher v Bell Case? Use quote.

Back

It was an 'invitation to treat'.

Card 3

Front

Why couldn't the widow get compensation in Railway v Berriman case?

Back

Preview of the front of card 3

Card 4

Front

Name two cases in which the Golden Rule was applied.

Back

Preview of the front of card 4

Card 5

Front

Name 2 cases in which the Literal Rule was applied.

Back

Preview of the front of card 5
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