literal rule Flashcards
yuhhh
what rule does the literal rule provide
if the definition of a word is unclear then the plain, ordinary meaning should be applied and followed very strictly
what did lord escher say about the literal rule
if the words of an act are clear then you must follow them even though they may lead to a manifest absurdity
what cases can be used for the literal rule
LNER V Berriman and DPP V Cheeseman
what was V doing in LNER V Berriman
oiling points on a track when he was hit by a train and killed
Why did Berriman try to sue LNER
fatal accidents act 1946 says a lookout should be provided when relaying or repairing tracks
why could Berriman not sue LNER
a lookout must be provided when relaying or repairing, and her husband was oiling points which was classed as maintenance
what was V doing in DPP V Cheeseman
masturbating in a train toilet
what happened when Cheeseman was arrested
police had been stationed at the toilet to catch him as people had been complaining
why was Cheeseman unable to be prosecuted
the town police clauses act 1847 says it is illegal to masturbate in a street to the annoyance of passengers, with passengers defined as “A passer by or through a place for its ordinary purpose” which the policemen were not, as they had been stationed there to catch him
for an 8 mark question, what is the structure of paragraph 1
introduce rule
define rule
when and how rule is used
for an 8 mark question, what is the structure for paragraph 2 and 3
persons actions
statute ( law that has been broken)
explanation of wording of statute
problem
approach taken
result
how many points must be made for a 12 mark advantages and disadvantages question
four
what is the structure for a 12 mark question
issue
cause
example
consequence
give one advantage and disadvantage of the literal rule
advantage: creates certainty
disadvantage: creates absurd decisions
