Interpretation Of Statutes Flashcards

1
Q

Factors of interpretation

A

Primary rules
Secondary rules
Internal aids
External aids

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

Primary rules

A
  1. Literal construction
  2. Reasonable construction
  3. Harmonious construction
  4. Hydens case
  5. Beneficial construction
  6. Exceptional
  7. Ejusdem genesis
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Secondary rules

A
  1. Noscitur A Sociis
  2. Contemporanea expositioest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Internal aids

A
  1. Long title
  2. Preamble
  3. Heading & title of chapter
  4. Marginal notes
  5. Definitions
    - exhaustive
    - inclusive
    - ambiguous
  6. Illustrations
  7. Proviso
  8. Explanation
  9. Schedules
  10. Statutes should be read as whole
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

External aids

A
  1. Historical settling
  2. Previous laws/ consolidated laws
  3. Usage
  4. Earlier & later
  5. Dictionary definition
  6. Foreign decisions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

3 rules of interpretation

A
  • literal
  • Golden
  • Mischief
How well did you know this?
1
Not at all
2
3
4
5
Perfectly