statutory interpretation

• What is one rule of statutory interpretation?

  The literal rule
• How do judges apply the literal rule?

  They take the words in a statute literally
• What does the mischief rule allow judges to do?

  It gives judges more discretion
• What do courts examine under the mischief rule?

  The law before the act and its necessity
• What are the three rules of statutory interpretation?

  • Literal rule
  • Golden rule
  • Mischief rule
• What is the purposive approach in statutory interpretation?

  It looks at the purpose of the law
• When is the purposive approach used?

  When there may be an absurd outcome
• How are words interpreted under the literal rule?

  With their plain meaning
• What does the golden rule aim to avoid?

  Leading to an absurd result
• What does the mischief rule focus on?

  Why the law was passed and its gaps
• What are the presumptions in statutory interpretation?

  • The crown isn’t bound unless stated
  • Legislation doesn’t apply retrospectively
  • Intention is required in criminal cases
• What are internal aids in statutory interpretation?

  Elements that help simplify interpretation
• What are examples of internal aids?

  Preambles, long title, short title
• What are external aids in statutory interpretation?

  Factors outside the statute that assist interpretation
• What are examples of external aids?

  Historical setting, earlier case law
• What is an advantage of the literal rule?

  It follows the words parliament used
• What is an advantage of the golden rule?

  It allows sensible judicial discretion
• What is an advantage of the mischief rule?

  It searches for the purpose of the law
• What is a disadvantage of the literal rule?

  It assumes every act is written correctly
• What is a disadvantage of the golden rule?

  It is not often used in practice
• How do the literal and golden rules differ in advantages?

  The literal rule follows exact wording
• How do the golden and mischief rules differ in advantages?

  The mischief rule is more flexible
• How do the literal and mischief rules differ in advantages?

  The literal rule is straightforward and predictable
• What is a disadvantage of the literal rule compared to the golden rule?

  The literal rule can lead to unfair decisions
• What is a disadvantage of the golden rule compared to the mischief rule?

  The golden rule is limited in use
• What is a disadvantage of the mischief rule compared to the literal rule?

  The mischief rule can make law uncertain
• What can the literal rule lead to?

  Unjust decisions in some cases
• What can the mischief rule lead to?

  Complicated and uncertain decisions