Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

AS Law LA2 > Aids to interpretation > Flashcards

Aids to interpretation Flashcards

1
Q

What are aids to interpretation?

A

Ways in which the judges can try to discover P’s intentions were

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 2 types of aids to interpretation?

A
  1. Intrinsic Aids

2. Extrinsic Aids

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are intrinsic aids?

A

Matters within statute itself

May help to make the meaning of word(s) clearer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Give 5 examples of intrinsic aids

A
  1. Short + long title of the Act
  2. The preamble
  3. Schedules
  4. Marginal notes and headings
  5. Interpretation section
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the short + long title of an Act

A

Indicates the purpose of the Act

e.g. The Theft Act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the preamble

A

Introduction to Act - sets out its purpose
Vary in usefulness.
e.g. The Theft Act 1968 has a short one which simply states ‘an Act to modernise the law on theft’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does the preamble on the theft Act say?

A

‘An Act to modernise the law on theft’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are schedules

A

These are at the end of the body of an act, like an appendix

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are marginal notes + headings

A

These summarise the effects of the sections of an act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a problem with the intrinsic aid of marginal notes and headings?

A

Inserted when an Act goes off for printing, not during its process through P
Makes them unreliable as an indication of P’s intentions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the interpretation section

A

This section specifies exactly what meaning is to be given to a particular word/ phrase.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are extrinsic aids?

A

Help/ guidance which can be found from material which is from outside the statute itself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What were the courts original view on the use of extrinsic aids?

A

The courts had very strict rules on what extrinsic aids could be used

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the 3 extrinsic aids that have always been allowed?

A
  1. Previous Acts (on the same topic)
  2. Earlier case law
  3. Dictionaries
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What 4 extrinsic aids have recently been added?

A
  1. Hansard
  2. Law reform reports
  3. International conventions
  4. Explanatory notes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Hansard?

A

Official record of parliamentary debated

Take place in both HL + HC, when piece leg = going through various readings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What was Lord Denning’s view on the use of Hansard?

A

Very useful
Challenged the ban on using it in Davis v Johnson

‘To look for the meaning of an act without reference to Hansard is like groping about in the dark without switching on the light’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Who disagrees with Lord Denning’s view on the use of Hansard?

A

All 5 Law Lords in HL
Lord Scarman: ‘material = unreliable guide to what is enacted + promotes confusion not clarity’
As a result the use of Hansard was not permitted

19
Q

In what case was the ban on Hansard lifted?

A

Pepper v Hart

20
Q

When was the ban on the use of Hansard lifted?

A

Case of Pepper v Hart
Rule was relaxed by a special court of 7 Law Lords
Said: H only be consulted where the leg = ambiguous, obscure/ leads to absurdity

21
Q

What was said in the case of Pepper v Hart (1993) about the use of Hansard?

A

H could only be consulted where the legislation was ambiguous, obscure or leads to an absurdity

22
Q

What happens if lawyers are referring to Hansard?

A

Other party to proceedings has to be notified

Allow them time to also consult that part of H

23
Q

When is the only time that a wider use of Hansard is allowed?

A

When Ct = considering act that introduced an International Convention of European Directive into English law
Pointed out by QBD in Three Rivers District Council and others v Bank of England (no 2)

24
Q

What are the 3 reasons why Hansard is only allowed when Cts = considering an act that introduced International convention of European Directive into English law?

A
  1. Important interpret conventions/ directives purposively
  2. They need to be consistent with any European materials
  3. Ct can then look at Ministerial statements, even if statute doesn’t appear to be ambiguous/ obscure
25
Q

What are the 2 advantages of using Hansard?

A
  1. Find out what the Minister proposing the leg = intended to achieve
  2. Lord Denning: ‘it’s useful and it seems ridiculous not to use it’
26
Q

What are the 3 disadvantages of using Hansard?

A
  1. Lack of clarity, may not be reliable - may give biased explanation to meaning of word/ phrase
  2. P intentions not always easy to ID
  3. Time + cost for every case, estimated that 25% would be added to the bill (Lord MacKay).
27
Q

When was the rule on not allowing law reform reports relaxed?

A

In Black Clawson case 1975
Was accepted that reports could be looked at to discover mischief in law which the leg based on the report was designed to deal with

28
Q

What did the HL decide in the case of Fothergill v Monarch Airlines (1980)?

A

Original conventions could be considered
It was possible that in translating + adapting the convention into our leg process, true meaning/ original intention might be lost

29
Q

What are known as ‘travaux preparatoivres’?

A

Preparatory materials/ explanatory notes published within international convention
Other countries = allowed to used such material
Therefore so is the UK IOT get uniformity in the interpretation of international rules

30
Q

What have acts passed since 1999 been accompanied by?

A

Explanatory notes - summarise main provisions of act + explain background to it
However = rarely used as extrinsic aid

31
Q

Can more than 1 extrinsic aid be used in the same case?

A

Yes
Laroche v Spirit of Adventure (2009)
Claimant = injured as result of sudden landing of hot air balloon he was travelling in
Meaning of ‘aircraft’ = important
Was the hot air balloon an aircraft?
If so, action had to be brought within 2 years
CA looked at Oxford English Dictionary, The Air Navigation Order 2000 + Warsaw Convention
Concluded = aircraft
Compensation failed; not brought within 2 yrs

32
Q

What are the 3 rules of language?

A
  1. Ejusdem generis rule (the general rule)
  2. Expressio unius eclusio alterius (the specific rule)
  3. Noscitur a sociis (the context rule)
33
Q

What does ejusdem generis rule translate to?

A

The general rule

34
Q

What does expressio unius eclusio alterius translate to?

A

The specific rule

35
Q

What does noscitur a sociis translate to?

A

The context rule

36
Q

What is the ejusdem generis rule (the general rule)?

A

Where = list of word followed by general words, general words are limited to same kind of items
Must be at least 2 specific words for rule to operate
- Powell v Kempton Park Racecourse (1899)

37
Q

Powell v Kempton Park Racecourse (1899)

A

D = charged with keeping a ‘house, office, room or other place for betting’
D had been operating betting at Tattershall Ring, = outdoors
Ct decided, general words were indoor places, so ‘other places’ would also be interpreted as being ‘indoors’
D = found NG of illegal betting

38
Q

What is the expressio unius eclusio alterius (the specific rule)?

A

‘The mention of one thing excludes others’
If list of words isn’t followed by general words, act only applies to items on list
- Tempest v Kilner (1846)

39
Q

Tempest v Kilner (1846)

A

Ct considered whether the Statute of Fraud Act 1677 where a contract for the ‘sale of goods, wares and merchandise of more than £10 had to be evidenced in writing’.
Could this law be applied to a contract for the sale of stocks ans shares?
However, because there were not general words the court held that only contracts for those 3 types of things were affected by the statute.
As stocks and shares were not mentioned they were not included in the statute.

40
Q

What is the noscitur a sociis (the context rule)?

A

‘A word is known by the company it keeps’
Words must be looked at in context + interpreted accordingly
Involves looking at other words in same section/ other sections of act
- Inland Revenue Commissioners v Frere (1965) [same section]
- Bromley London Borough Council v Greater London Council (1982) [different section/ whole act].

41
Q

Bromley London Borough Council v Greater London Council (1982)

A

Issue was whether the GLC could operate a cheap fare system even though it meant that the transport system would run at a loss.
HL looked at the whole act and decided that where the word ‘economic’ was mentioned it was interpreted to mean that the transport system had to be run like a business which would mean ti make a profit or break even.
Therefore they rules that a cheap fare policy wasn’t legal; they would deliberately run the transport system at a loss.

42
Q

What are the presumptions that the courts makes about the law unless relevant act makes it clear that the presumption is not to be applied?

A
  • Common Law will apply, unless made clear in an act that it has been altered.
  • Criminal offences require a MR, must have a guilty mind.
  • The crown is not bound by statute, unless is expressly says so.
  • Legislation will not apply retrospectively, unless stated by a statute e.g CJA 2003 (double jeoprady) or the War Crimes Act 1991.
43
Q

What are the 4 things that are included in the content of Hansard?

A
  1. Discussions about what particular word/ phrase should mean
  2. Votes
  3. Written ministerial statements
  4. Answers to parliamentary questions

AS Law LA2 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions