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24 Cards in this Set
- Front
- Back
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What is a statute |
A piece of legislation made by Parliament, also known as an Act of Parliament |
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What is statutory interpretation |
When a statute is unclear a judge will need to interpret the law to apply it to a case |
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What case was a broad term used and what word was broad |
Dangerous Dogs Act 1991, ‘type’ |
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What case was interpreted because of a change in the use of language |
Cheeseman v DPP 1990 |
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What is it called when a word is used with multiple meanings |
Ambiguous words |
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Is drafting errors a reason to interpret law |
Yes |
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Name the 4 different rules a judge can use to interpret statutes |
Literal, golden, mischief, purposive approach |
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What is the literal rule |
Where a judge uses the literal meaning of a word being interpreted even if the result is absurd |
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What case used the literal rule and what happened |
Whiteley v Chappel It was an offence to impersonate someone entitled to vote at an election, the D impersonated a dead person as was found not guilty because the person was dead. ‘Entitled’ only relates to someone alive |
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What is the golden rule |
Used when the literal rule results in absurdity. The judge takes a more flexible approach to interpretation |
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Which case uses the golden rule and what hapened |
Adler v George The Official Secrets Act said its an offence to obstruct an ember of the army in the vicinity of a prohibited place. The D said vicinity means around and not in a prohibited place. He was found guilty |
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What is the mischief rule |
Where judges find the problem (mischief) a statute aimed to remedy |
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What case used the mischief rule and what happened |
Elliot v Grey Under the Road Traffic Act it’s an offence to use an uninsured car on the roads. The D’s car was broken down with its wheels and battery removed but the judge still found him guilty because the Act aimed to stop these types of hazards |
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What is the purposive approach |
Where a judge looks for the intention of the Act (the purpose of the Act) |
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What case used the purposive approach and what happened |
Magor v Newport Corporation Lord Denning said: ‘were here to find the intention of the Act’ Lord Simmons said: ‘if a gap is disclosed in an Act the remedy lies in an amending Act |
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What are the 4 presumptions in statutory interpretation |
Statutes done change common law Men’s Rea is required for criminal cases The Crown isn’t bound by an statute Statutes don’t apply retrospectively |
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What are intrinsic aids |
Aids found within the act eg. Long title of the act, preamble, headings, interpretation sections |
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What are extrinsic aids |
Aids found outside the act eg. Dictionaries, textbooks, reports, history, treaties, previous case law, hansard |
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What is the Hansard, what case was it allowed in and who allowed it |
The daily record of parliamentary debates during the passing of legislation Pepper v Hart Lord Denning |
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What are the 3 rules of language |
Ejusdem generis Expressio unius est exclusio alterius Noscitur a sociis |
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What does ejusdem generis refer to and what case do we see it in |
‘Words of the same kind’ |
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What does expressio unius est exclusio alterius refer to and what case do we see it in |
‘The mention of one thing is the exclusion of all others’
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What does Noscitur a sociis refer to and what case do e see it in |
‘A word is known by the company its kept in’ |
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What can judges do if a Statue is not compatible with the Human Rights Act |
they can issue a declaration of incompatibility |
