ELS P1

• what is statutory interpretation?

  when a judge works out the meaning of an act of parliament and applies the law to a case before them
• what are the rules of statutory interpretation

  literal rule, golden rule, mischief rule, purposive approach
• what is the literal rule


  plain, ordinary or literal meaning
• literal rule cases


  whiteley v chappell
• advantages of the literal rule

  prevents undemocratic judges from making law
• disadvantages of the literal rule

  unfair or unjust decisions
• what is the golden rule

  avoids literal meaning to avoid absurdity
• what is the broad approach of the golden rule + case


  whole meaning is absurd, so is modified + sigsworth
• what is the narrow approach of the golden rule + case

  choose possible meanings of a word or phrase + adler v george
• advantages of the golden rule

  allows for sensible meanings
• disadvantages of the golden rule

  very limited and rarely used
• what is the mischief rule


  interprets statute according to mischief it intended to remedy
• mischief rule case


  smith v hughes
• advantages of the mischief rule

  promotes the purpose of law
• disadvantages of the mischief rule

  undemocratic judges making law
• what is the purposive approach

  interprets statute in light of parliments intention
• purposive approach case


  r v rg ex parte smith
• advantages of the purposive approach


  justice in individual cases
• disadvantages of the purposive approach

  undemocratic judges making law
• what are the two types of aids to interpretation

  intrinsic and extrinsic
• what are the examples of intrinsic aids

  long title short title and preamble, sections and schedules and other sections of the statute
• what are the examples of extrinsic aids


  dictionary from time of acts publication and hansard
• what is hansard


  official report of parliamentary debate
• what is judicial precedent

  based on maxim state decisis
• what are the 3 types of precedent


  original, binding and persuasive
• what is original precedent


  point of law which has never been decided before
• what is binding precedent

  facts of second case are sufficiently similar to original case
• what is persuasive precedent


  decision is not binding but a judge may decide to follow it
• who are lay magistrates

  unpaid, part-time judges who have no legal qualifications
• what must lay people have

  no serious criminal conviction, member of armed forces, approved by local advisory committee and live within 15 miles of commission area for court
• lay magistrates roles and powers

  preliminary hearings for all cases, youth court and family court, and up to 6 months community orders and fines
• who cannot be a jury

  - imprisonment for life or public protection

  - extended sentences

  - mental handicap with regular treatment

  - deaf or cannot understand english
• juries role in criminal trials

  come to verdicts (must be majority) and hear evidence in court
• advantages of juries


  public confidence and open system of justice
• disadvantages of juries


  jury tampering and bias
• how are juries selected

  from the electoral register at random, ages 18-75
• what is the practise statement 1966


  lords have the right to change the law if it appears right to do so
• when is the practise statement 1966 used

  to overrule attempted impossible offences and to remove objective recklessness
• what is court hierarchy

  every court if bound to follow any decisions made by a court above it in hierarchy
• what are the courts of first instance

  high court and inferior courts (crown, county and magistrates)