exam style questions statutory interpretation

Cards (20)

  • What is statutory interpretation?
    The process by which courts interpret and apply legislation.
  • What is the Literal Rule in statutory interpretation?
    It requires judges to interpret words in their plain, ordinary meaning, even if the result is absurd.
  • How does the Golden Rule modify the Literal Rule?
    It allows judges to avoid absurd results by choosing an alternative meaning.
  • What is the purpose of the Mischief Rule?
    Judges interpret statutes to suppress the mischief the law intended to remedy, focusing on Parliament’s intention.
  • What does the Purposive Approach consider in statutory interpretation?
    Judges consider the broader purpose of the statute, looking beyond the literal meaning to achieve Parliament’s intent.
  • Which case is most associated with the Literal Rule?
    Fisher v Bell (1961).
  • How did the case R v Allen (1872) demonstrate the Golden Rule?

    The court interpreted “marry” to avoid the absurd result of bigamy being impossible to commit.
  • Which case illustrates the Mischief Rule?
    Heydon’s Case (1584).
  • What case is linked to the Purposive Approach?
    Pepper v Hart (1993).
  • What is the ejusdem generis rule in statutory interpretation?

    Where general words follow specific words, the general words are interpreted to include only items of the same kind.
  • Give an example of the ejusdem generis rule.

    In Powell v Kempton Park Racecourse (1899), the phrase “house, office, room or other place” was interpreted to apply only to indoor places.
  • What does the expressio unius est exclusio alterius rule state?

    The mention of one thing excludes others; if something is expressly included in a statute, others are implicitly excluded.
  • What is the noscitur a sociis rule?

    A word takes meaning from the surrounding words, meaning context is key in interpretation.
  • What is the significance of R v Judge of the City of London Court (1892)?

    It established that the Literal Rule must be applied even if the outcome is absurd.
  • How does the Human Rights Act 1998 affect statutory interpretation?
    Courts must interpret statutes, as far as possible, in a way that is compatible with the European Convention on Human Rights.
  • What role does Hansard play in statutory interpretation?
    Hansard may be consulted to understand Parliamentary debates and clarify the intent behind legislation.
  • What is the Interpretation Act 1978?
    It provides general rules for interpreting UK legislation, including definitions for common terms like “he” including “she.”
  • What is a presumption against retrospective legislation?
    Courts assume statutes do not apply to actions that occurred before the law was enacted unless explicitly stated otherwise.
  • What is the principle of legality in statutory interpretation?
    Courts presume Parliament does not intend to limit fundamental rights unless clear words are used.
  • What is a key critique of the Literal Rule?
    It can lead to unjust or absurd outcomes when words are interpreted strictly without regard to the broader context.