Statutory Interpretation Flashcards Preview

OCR A LEVEL LAW > Statutory Interpretation > Flashcards

Flashcards in Statutory Interpretation Deck (20)
Loading flashcards...
1

What are the 3 rules of statutory interpretation?

Literal rule
Golden rule
Mischief rule

2

Briefly explain the literal rule

The words of the act must be construed according to their LITERAL and grammatical meaning.

3

Give a case for the literal rule

Cheeseman v DPP
R v Judge or City of London

4

Briefly explain the golden rule

If the literal rule produces absurdity the court should look for another meaning of the words that avoids the absurd result.

5

Name the two types of application of the golden rule?

Narrow
Wider

6

What is the narrow application of the golden rule?

Courts can choose between meanings of words of phrases.

7

What is the wider application of the golden rule?

Courts can modify words in order to avoid absurd outcome.

8

Give a case for the golden rule

R v Sigworth
Alder v George

9

What is the point of law for Alder v George?

Narrow application of the golden rule to avoid absurd result

10

What is the point of law for R v Sigsworth

Golden rule can be used to prevent a repugnant situation

11

Briefly explain the mischief rule

Looks at the wrong that the act was intending to correct and then interpret the act in such a way that the gap is covered.

12

Give a case for the mischief rule

Smith v Hughes
Royal college of nursing v DHSS

13

What is the purposive approach?

What goes beyond the mischief rule, judges decide what they believe parliament was trying to achieve.

14

Give a case for the purposive approach


R v Registrar
R v Human Fertilisation and Embryology Authority

15

What is the ejusdem generis rule?

Where there is a list of specific words, followed by a list of general words, the general words are interpreted in line with the specific words.

16

What is expressio unius exclusio alterius?

The express mention of one thing excludes all others

17

Give a case for ejusdem generis?

Allen v Emmerson
Hobbs v CG Robertson Ltd

18

Give a case for expressio unius exclusio alterius

Tempest v Kilner

19

What is noscitur a sociis?

A word known by the company it keeps

20

Give a case for noscitur a sociis

Inland revenue commissioners v frere