A level law OCR (ugly)

    Cards (17)

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