Give words their original dictionary definition from that year
1 of 28
In which case did a man impersonate a dead person to vote on their behalf?
Whiteley V Chappel (1868)
2 of 28
In which case did the defendant claim not to be selling a knife in the window?
Fisher V Bell (1961)
3 of 28
Give 2 advantages of the literal rule
It respects parliamentary supremacy and judges' prejudice will not interfere
4 of 28
Give 2 disadvantages of the literal rule?
some words have hundreds of definitions and it can create loopholes
5 of 28
When is the golden rule used?
When the literal rule gives an absurd outcome
6 of 28
?What is the golden rule's narrow approach?
Where there are multiple definitions and the judge must choose between them
7 of 28
In what golden rule narrow approach case was the key word, 'marry'?
R V Allen (1872)
8 of 28
What is the broad approach to the golden rule?
where there is one meaning, but to apply it would cause an absurd result, so the judge modifies the meaning.
9 of 28
In which case did the court consider inheritance laws, due to the defendant murdering his mother?
Re Sigsworth (1935)
10 of 28
State 2 advantages of the golden rule
It allows errors in drafting to be corrected and allows for sensible decisions
11 of 28
state 2 disadvantages of the golden rule
judges' bias and prejudice could affect results and it is unpredictable
12 of 28
What happens when the mischief rule is applied?
The courts look at what the law was before the act was passed, so they can identify the gap
13 of 28
what are the 4 questions asked when using Heydon's case 1584?
what was the law before the statute?, what is wrong with the law?, how does parliament intend to fix it?, and how does the statute apply in context of the case?
14 of 28
in which case were the defendants soliciting sex from the balcony of private premises?
Smith V Hughes (1960)
15 of 28
give 2 advantages of the mischief rule
it considers social changes and closes loopholes in the law
16 of 28
give 2 disadvantages of the mischief rule
it is undemocratic and an infringement on the separation of powers
17 of 28
what do the judges do for the purposive approach?
They decide what parliament's intentions were when creating the legislation
18 of 28
in which 2003 case did the house of lords have to decide whether organisms created by CNR counted as embryos?
R V Secretary of state
19 of 28
give 2 advantages of the purposive approach
it avoids injustice and allows for new developments in technology
20 of 28
give 2 disadvantages for the purposive approach
it is unconstitutional because it gives judges too much power and judges' attitudes differ
21 of 28
what are intrinsic aids to interpretation?
aids found within the act, they are internal
22 of 28
give 3 examples of intrinsic aids
explanatory notes, objectives section, and the title
23 of 28
what are extrinsic aids of interpretation?
external aids, these are found outside the act
24 of 28
give 3 examples of extrinsic aids
dictionaries, textbooks and previous acts
25 of 28
in which case was it heard that Hansard could be referred to?
Pepper V Hart (1993)
26 of 28
what is an impact of EU law on interpretation?
interpretations now cannot go against the treaty of Rome
27 of 28
What does S. 3 of the human rights act say about interpretation?
acts must be interpreted and given effect in a way which doesn't go against the HRA
28 of 28
Other cards in this set
Card 2
Front
In which case did a man impersonate a dead person to vote on their behalf?
Back
Whiteley V Chappel (1868)
Card 3
Front
In which case did the defendant claim not to be selling a knife in the window?
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