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Created by
Isabelle Sutton
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Cards (24)
What is the title of the act related to the coronavirus in 2020?
Coronavirus Act
2020
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What is the short title of the Abortion Act?
Abortion Act
1967
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What is the significance of the Interpretation Act 1978?
It provides rules for interpreting
legislation
.
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What are intrinsic aids in legal interpretation?
They are elements within the
statute
itself that assist in understanding its meaning.
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What are extrinsic aids in legal interpretation?
They are materials outside the
statute
that help clarify its meaning.
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What is the case Davis v Johnson (1979) known for?
It discusses the role of judges in interpreting
ambiguous
statutes
.
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What must be true for the case Pepper v Hart (1993) to apply?
The Act must be
ambiguous
, obscure, or lead to
absurdity
.
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What are the disadvantages of using extrinsic aids?
They can lack
clarity
, not always be helpful, and incur time and
expense
.
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What is the significance of presumptions in law?
Judges
can make certain presumptions about the law even if the
Act
is silent on the subject.
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What are the key points regarding the use of ministerial statements in legal interpretation?
They can be useful as
confirmatory aids
.
They are only applicable when the Act is
ambiguous
.
Only comments made by the minister are considered.
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What are the advantages and disadvantages of using extrinsic aids in legal interpretation?
Advantages:
Provide context and
clarity
to
ambiguous
statutes
.
Disadvantages:
Lack of clarity.
Not always helpful.
Can incur time and
expense
.
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What is the role of the Preamble in statutory interpretation?
It provides useful indications of the purpose of the statute.
It helps in understanding the intent of the
lawmakers
.
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What is the significance of the case law in statutory interpretation?
Case law provides
precedents
that guide the interpretation of statutes.
It illustrates how courts have applied the law in specific situations.
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What is required in criminal cases according to EU law?
The presumption of
mens rea
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What does actus reus refer to?
It refers to the
action
taken
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What does mens rea refer to?
It refers to what the individual is
thinking
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What case is associated with the presumption of mens rea?
Sweet v Parsley
[
1970
]
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What is the significance of the case Sweet v Parsley [1970]?
It illustrates the presumption of
mens rea
in criminal law
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What is the legal status of the crown regarding acts?
The crown is not bound by any act
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What is an exception to the crown not being bound by acts?
The Hunting Act 2004
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What does it mean that legislation does not apply retrospectively?
It
means that
laws
apply
from
the
present
to
the
future
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What is an example of legislation that is an exception to the rule of non-retrospectivity?
The
War Crimes Act 1991
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What are the key components of mens rea and actus reus in criminal law?
Actus reus: The action taken
Mens rea: The
intention
or thought behind the action
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What is the relationship between the crown and acts in law?
The crown is not bound by any act
Exceptions exist, such as the
Hunting Act 2004
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