Statutory interpretation rule of languages

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  • Created by: 10dhall
  • Created on: 19-05-17 07:57
What is the mischief rule?
This was established in the case of Hayden, and is when the Judges look at the old law to see why the new law was created
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What are the case examples of this?
Smith v Hughes, R v R,
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What are the rules of language?
Ejusdem generis rule, noscitur a sociis, and expressio unius exclusio alterius
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What is the ejusdem generis rule?
This is when specific words are followed by general words, 'the pen, the note, and the other writing article' so the court have to figure out what the vague words mean
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What are case examples of ejusdem generis?
This happened in the case of Gregory v Fearn when it was stated people should not work on sundays but did not cover estate agents
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What is the noscitur a sociis rule?
Means that when looking at a meaning of a word they should judge it by looking at the words around it
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What is the rule about expressio unius exclusio alterius?
This is where there is a list of words but no general words follow them and everything else is excluded
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What is a case example of expressio unius exclusio ulterius?
Tempest v Kilner
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What are extrinsic aids?
Dictionary (Cheeseman v DPP, Fitzpatrick; 'family') Hansard (Pepper v Hart rarely used), law reports - green and white papers, explanatory notes
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What are intrinsic aids?
The short and long title, the punctuation, interpretation sections, section numbers, the preamble
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Card 2

Front

What are the case examples of this?

Back

Smith v Hughes, R v R,

Card 3

Front

What are the rules of language?

Back

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Card 4

Front

What is the ejusdem generis rule?

Back

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Card 5

Front

What are case examples of ejusdem generis?

Back

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