HOW JUDGES IN A COURT ROOM INTERPRET A MEANING OR A PHRASE ON AN ACT OF LAW.
Statutory Interpretation
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THESE ARE WORDS THAT HAVE MORE THAN ONE MEANING, AND IT IS NOT CLEAR WHICH MEANING SHOULD BE USED
AMBIGUITY
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COURTS USING THIS RULE WILL GIVE WORDS THERE PLAIN, ORDINARY MEANING, EVEN IF THE OUTCOME IS NOT A SENSIBLE RESULT
LITERAL RULE
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THIS RULE STARTS BY LOOKING AT THE LITERAL RULE BUT THE COURT CAN AVOID INTERPRETATION THAT WOULD LEAD TO AN ABSURD OUTCOME
GOLDEN RULE
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THIS RULE GIVE THE JUDGE MORE DISCRETION. THE DEFINITION OF THIS RULE COMES FROM HEYDEN’S CASE (1584) WHERE IT WAS SAID THAT THERE WERE FOUR POINTS THE COURT SHOULD CONSIDER
MISCHIEF RULE
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THIS GOES BEYOND THE MISCHIEF RULE – THE COURT IS NOT JUST LOOKING TO SEE WHAT GAPS THERE ARE IN OLD LAW, BUT WHAT THEY THINK PARLIAMENT MEANT TO ACHIEVE AS WELL.
PURPOSIVE APPROACH
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THESE ARE MATTERS WITH IN A STATUTE WHICH HELP TO MAKE THE MEANING CLEARER
INTRINSIC AIDS
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THESE ARE MATTERS OUTSIDE THE ACT AND IT HAS BEEN ACCEPTED SOME EXTERNAL SOURCES MAY BE HELPFUL TO EXPLAIN MEANING OF ACTS
EXTRINSIC AIDS
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Other cards in this set
Card 2
Front
THESE ARE WORDS THAT HAVE MORE THAN ONE MEANING, AND IT IS NOT CLEAR WHICH MEANING SHOULD BE USED
Back
AMBIGUITY
Card 3
Front
COURTS USING THIS RULE WILL GIVE WORDS THERE PLAIN, ORDINARY MEANING, EVEN IF THE OUTCOME IS NOT A SENSIBLE RESULT
Back
Card 4
Front
THIS RULE STARTS BY LOOKING AT THE LITERAL RULE BUT THE COURT CAN AVOID INTERPRETATION THAT WOULD LEAD TO AN ABSURD OUTCOME
Back
Card 5
Front
THIS RULE GIVE THE JUDGE MORE DISCRETION. THE DEFINITION OF THIS RULE COMES FROM HEYDEN’S CASE (1584) WHERE IT WAS SAID THAT THERE WERE FOUR POINTS THE COURT SHOULD CONSIDER
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