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aids to interpretation
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Created by
sophie davis
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Cards (18)
What are the aids to interpretation for judges?
Internal
and
external
aids
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What do intrinsic aids refer to?
Elements
found within the act itself
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Name one type of intrinsic aid.
Preamble
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What is an example of an extrinsic aid?
Previous acts on the
same
point
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How do extrinsic aids assist judges?
They help with the
mischief
and
purposive approach
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What does the term 'Ejusdem Generis' mean?
Of the
same
kind
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How was the rule of 'Ejusdem Generis' applied in Powell v Kempton 1899?
Betting
in
a
'ring'
was
guilty
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What does 'Expressio Unius est exclusion alterius' imply?
Express mention excludes all
others
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How did R v Inhabitants of Sedgley 1831 illustrate 'Expressio Unius est exclusion alterius'?
It excluded other types of mines
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What does 'Noscitur a sociis' mean?
A word is known by the
company
it keeps
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How was 'Noscitur a sociis' applied in Muir v Keay?
Licensing
required for public refreshment venues
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What do extrinsic aids support in terms of interpretation rules?
The
mischief
and
purposive rules
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What is one example of an extrinsic aid?
Hansard
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What does the Human Rights Act 1998 incorporate?
European Convention on Human Rights
(ECHR)
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What does Section 2 of the Human Rights Act 1998 require judges to do?
Consider previous
ECHR
decisions
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What does Section 3 of the Human Rights Act 1998 require courts to do?
Interpret acts in line with
human rights
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What happens if a court cannot interpret an act in line with human rights?
Judges can issue a
declaration of incompatibility
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What is the purpose of the fast-track procedure in the Human Rights Act 1998?
To expedite
cases
with compelling reasons
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