statutory interpretation

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Ejusdem Generis
Specific words followed by a general word. Powell V Kempton
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Expressio
Only the words mentioned are included. Tempest V Kilner
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Noscitur A Sociis
The word is known by the company it keeps. IRC V Frere
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Literal Rule
Uses the dictionary meaning, even if it leads to absurdity. Whitely V Chappell.
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Golden Rule NARROW
The court may choose between the possible meanings of a word or phrase. If there is only one meaning then that must be taken. R V Allen.
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Golden Rule WIDE
When words have only one clear meaning but that would lead to absurdity. In this situation the court may use the Golden Rule to modify the words of the statute to avoid the problem. Re Sigsworth.
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Mischief Rule
Four points from Heydons case. Under this rule the court should look to see what the law was before the act was passed in order to dicover what 'mischief' it intended to cover. The court then interpret the way the act should be covered. Smith V Hughe
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Purposive Approach
The judges decide what they believe parliament meant to achieve. R V Registrar- General
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Internal Aids
Matters within the statute itself that may help to make it's meaning clearer. The court can consider the long title, the short title or the premeable.
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External Aids
Matters outside of the act. Previous Acts of Parliament on the same topic, the historical setting, earlier case law and dictionaries of the time.
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Other cards in this set

Card 2

Front

Expressio

Back

Only the words mentioned are included. Tempest V Kilner

Card 3

Front

Noscitur A Sociis

Back

Preview of the front of card 3

Card 4

Front

Literal Rule

Back

Preview of the front of card 4

Card 5

Front

Golden Rule NARROW

Back

Preview of the front of card 5
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Comments

Chloe Kernan

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This does not include every little detail of Statutory Interpretation. I made it to explain the things that i consider most important in basic terms and i hope some of you find it of some help.

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