Statutory Interpretation 4.0 / 5 based on 1 rating ? LawStatutory interpretationASAQA Created by: MARYBETHCreated on: 06-01-13 15:02 What is the literal rule? The plain, ordinary, dictionary meaning 1 of 13 Name 3 cases of the literal rule? 1) Cheeseman 2) LNER v Berriman 3) Whitley v Chappell 2 of 13 When is the golden rule used? When the literal rule/meaning would be absurd 3 of 13 Name 3 cases of the golden rule and say if they use the narrow or wider approad? R v Allen - Narrow, RE Sigsworth - Wider and Adler v George 4 of 13 Where does the Mischief rule come from? Heydons case - what the law was before the act was passed and what remedy were parliament trying to resolve 5 of 13 Name the cases of the Mischief rule? Smith v Hughes - prostitutes and DHSS v Royal College of Nursing - backstreet abortions 6 of 13 Cases of the purposive approach? Jones v Tower Boot - actions not part of their jobs, Cutter v Eagle Star - car park not road and Tesco v Brent - sold a 14yr old 18 DVD 7 of 13 Whats an intrinsic aid? and give 3 examples? something inside the act - preamble, marginal notes and long title 8 of 13 Whats an extrinsic aid? and give 3 examples? something outside the act - dictionary, hansard and law reform reports 9 of 13 Adv. and Dis. to the Literal Rule? Adv. - apply the will of parliament Dis. - can lead to absurd results 10 of 13 Adv. and Dis. to the Golden Rule? Adv. - leads to fewer absurd results Dis. - no clear meaning of whats absurd 11 of 13 Adv. and Dis. to the Mischief Rule? Adv. - promotes flexibility in the law Dis. - comes from a time when drafting wasnt as good as it is now 12 of 13 Adv. and Dis. to the Purposive Approach? Adv. - Lord Denning championed the rule Dis. - gives too much power to judges 13 of 13
Comments
No comments have yet been made