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Flashcards in statutory interpretation Deck (42):
1

what is the literal rule

look at the literal dictionary definition of the words

2

3 cases for the literal rule

Berrimen
Munks
Cheeseman

3

what happened in berrimen

V was hit by a train and wife tried to get compensation.
Statute said people who were relaying or repairing could get compensation.
He was oiling the tracks- no compensation

4

What happened in Munks

ex husband wired up the door so ex wife would get shocked when she tried to enter
charged with 'placing an engine calculated to destroy life/cause serious harm
engine=machine that converts energy into motion
his was just a circuit- got off

5

What Munks was charged under

placing an engine calculated to destroy life/cause serious harm

6

offence i cheeseman

to wilfully and indecently expose his person in a street to the annoyance of passaengers

7

what happened in cheeseman

exposed his person. words argued were 'street and passengers'
2 policeman standing stationary are not passengers
public toilet is not the street

8

what is the golden rule

an extension to the literal rule so not to produce and absurd result

9

2 cases for golden rule

r v allen
sigsworth

10

what happened in R v Allen

had 2 wives- would be charged for bigamy but the definition to marry
legally married/marriage process. Isn't legally married so opted for second definition

11

what is the narrow approach

if 2 definitions, pick the most appropriate

12

what is the broad approach

if definition would lead to a repugnant situation, modify the words of the statue to avoid this problem

13

what happened in sigsworth

D murdered mother but was the only heir so would inherit her estate
changed the act wording so that he wouldn't benefit off his crime

14

What is the mischief rule

where the court looks at the mischief that was trying to be rectified

15

cases for mischief rule

smith v hughes
sterling v eastbourne borough council

16

whats happened in smith v hughes

illegal for a prostitute to solicit or loiter in a street for prostitution but the prostitutes were knocking on 1st story windows. They were still guilty as the mischief included what they were doing

17

what happened in sterling v eastbourne borough council

llegal to ply for hire in the street without a licence but he was in a private carpark. Courts decided that he is getting customers from the street=mischief is to stop unlicensed taxi drivers. he was guilty

18

what are the 4 questions from haydens case

what was common law
what mischief did common law not remedy
what remedy does the law provide
what is the intention of parliament

19

whats is the purposive approach

modern descendent of the mischief approach
Parliament look at the intention of parliament

20

2 cases for the purposive approach

rcn v dhss
Fitzpatrick v Sterling house association

21

what happened in run v dhss

Abortion Act 1967 said only registered medical practitioners can give abortions but recent technological advantages meant nurses could do them.
Could said the purpose of the act was to stop backstreet abortions so nurses could be regarded as registered medical practitioners

22

what happened in sterling v fitzpatrick

Gay couple living together for 18 years and Thomas died. C wanted to remain in the house but the wording of ‘spouse and family’ did not apply to him literally as he wasn’t legally married so, used purposive approach to say family can mean a long standing relationship

23

what are the 3 rules of language

Ejusdem Genesis
Espresso unis
Noscitur a sociis

24

case for Ejusdem Genesis and what happened

powell v kempton park racecourse

d was running bets in a tattershall ring, was illegal to run bets in a house room or other place.

not guilty as betting was not inside as the specific words had implied

25

case for espresso unis and what happened

r v inhabitants of sledgely

act said rates were charged on land titles and coal mines so this did not include any other mine

26

case for Noscitur a sociis

muir v keay

cafe was open to public during night without a licence

interpreted that entertaining was not just only theatrical or musical but could include drinking coffee- d was guilty

27

what does noscitur a sociis

a word is known by the company they keep

28

6 extrinsic aids

dictionaries
previous act
interpretation act
explanatory notes
textbooks
hansard

29

case example for dictionaries and what happened

vaughn v vaughn

d would keep ringing his wife about why she was late. word interpreted was molest- molest 'as to cause trouble,vex, annoy'

what he was doing amounted to that

30

example for the previous act being used

explosive substance act 1975
had to look back at the explosives act 1883

31

what are explanatory notes

notes written by the department responsable for the act

32

what is the interpretation act 1976

defines certain words

33

using textbooks case example

re castoni v jf stephen

referred to his own book- history of crime law of england when interpreting the phrase 'political crime'

34

hasard definition and case

looking at parliamentary notes but only from minister proposing the act

pepper v hart- teacher wanted to know if he had to pay car park costs for private school= looked at notes from parliament

35

disadvantages of the literal rule

absurd results

36

disadvantage of golden rule

giving judges too much power

37

disadvantage with the mischief rule and purposive approach

judges too much power as they are interpreting the act which the government should do

38

4 intrinsic aids

preamble
schedules
definition section
punctuation

39

example of a preamble and what is it

statement of the purpose of the act

climate change and sustainable energy act 2006- consider climate change and viable long term energy

40

example of a schedule

hunting act 2002- exempts certain acts

41

definition section example

law reform act 1996- defines fatale offence

42

punctuations quote

why should not judges look at punctuation in order to interpret meaning- lord lowery