Mischief Rule Flashcards
(6 cards)
Heydon’s Case
Landmark case
Heydon’s Case
4 principles
1) what was the law before the new law was made?
2) mischief was the old law failing to fix?
3) what did the new law try to fix?
4) why did the lawmakers think this solution was needed.
Smith v. Hughes
Prostitutes were soliciting customers from balconies and windows.
Pedestrians need to feel more comfortable.
Royal College of Nursing v. DHSS
Whether nurses administering abortions under medical supervision violated the law.
Gorris v. Scott
Livestock to be transported in pens to prevent disease outbreaks.
Not for drowning.
Emelogu v. The State
AG had power to prosecute armed robbery cases.
Power was removed.
Purpose of the law is to change who had power to execute not cancel past convictions.