The Legal System Flashcards
The Kings Bench Division
Also known as the Administrative Court
Hears applications for JR against decisions made by the Government on legal grounds
What disputes does the Chancery Division hear?
Property disputes
What disputes does the Commercial Court hear?
Private disputes over contracts involving large sums of money
What disputes does the County Court Hear?
Civil cases but not judicial review cases
What disputes does the Family Division hear?
Familial disputes
APPROACHES TO / RULES OF INTERPRETATION: Literal Rule
The words of the statute have a clear meaning, the court will apply to words as written.
If there is ambiguity, the Court will give words their ordinary meaning.
APPROACHES TO / RULES OF INTERPRETATION: Golden Rule
To avoid absurdity of the literal rule, the courts may use a different meaning of the word.
APPROACHES TO / RULES OF INTERPRETATION: Mischief Rule
Looks at what problem the statute was designed to remedy and adapts the words of the statute to achieve this result.
APPROACHES TO / RULES OF INTERPRETATION: Purposive Rule
Looks at why the Statute exists and what it hoped to achieve.
Judge may look at things extraneous to the legislation like briefing papers and debates.
RULES OF LANGUAGE USED IN INTERPRETATION:Expressio Unius est Exclusio Alterius
Expression of one things is the exclusion of another
If one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded.
RULES OF LANGUAGE USED IN INTERPRETATION: Noscitur a Sociis
‘Doctrine that a word is interpreted by the company it keeps’
When interpreting a statute, the courts consider the context in which a word is used, thereby using words in the same section of the statute to interpret the word in dispute.
RULES OF LANGUAGE USED IN INTERPRETATION: In Pari Materia
“Upon the same matter of subject”
Can be applied where other statutes may assist with interpreting an ambiguity in the statute concerned
RULES OF LANGUAGE USED IN INTERPRETATION: Ejusdem Generis
“Of the same type”
Used to interpret general words, meaning if a general word follows two or more specific words, the general word will apply only to items that are like the specific word used.
intrinsic aids
The statute itself is primary source of information therefore must be read as a whole - with every word considered before looking outside the statute.
Ensures the judiciary is as close to Parliament’s intention a possible.
Incl: preamble, long title, short title
extrinsic aid
aids outside of the statute but may be used go interpret ambiguities.
Examples: dictionaries, explanatory notes , Hansard
