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A level law OCR (ugly)
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Khadija
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Cards (17)
What is statutory interpretation?
Judges applying an
Act of Parliament
to cases
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How many main rules of statutory interpretation are there?
Four
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What are the four main rules of statutory interpretation?
Literal
Golden
Mischief
Purposive Approach
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What does the literal rule entail?
Applying the
statute's
words as written
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Which case is famous for the literal rule?
Fisher v Bell
(
1961
)
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What is the purpose of the golden rule?
To avoid absurd results from the
literal rule
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In which case did the golden rule originate?
Becke v Smith
(
1836
)
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What are the two ways a judge can use the golden rule?
Narrow Golden Rule
: Choose the sensible meaning of a word with multiple meanings.
Wide Golden Rule
: Avoid the undesirable literal meaning of a word.
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What is the narrow golden rule used for?
When a word has more than one
meaning
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What does the wide golden rule allow judges to do?
Not apply a word's undesirable
literal
meaning
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What case established the mischief rule?
Heydon's Case
(
1584
)
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What should a judge consider when using the mischief rule?
The
common law
before the Act
The problem with that law
The remedy
Parliament
intended
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What is the first consideration under the mischief rule?
What the
common law
was before the
Act
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What is the second consideration under the mischief rule?
What the
problem
with that law was
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What is the third consideration under the mischief rule?
What remedy
Parliament
was trying to provide
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Which case is associated with the mischief rule?
DPP v Bull
(
1994
)
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Which case is associated with the mischief rule?
Corkery v Carpenter
(
1951
)
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