Law Revision

Statutory Interpretation

13 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Name the rules of interpretation
Literal Rule, Golden Rule,Mischief Rule, Purposive Approach.
Definition of the Literal Rule
A judge gives a word it plain and ordinary meaning.
How would you find what a word literally meant?
The Oxford English Dictionary
Judges use the approach even if the outcome of the case it...?
Unjust and Absurd
Name the case where the key word was entitled.
Whitely v Chappell
Name the case where the key word was repairing
Berriman
Name the case where the key word was passengers.
DPP v Cheeseman
Name the case where the key word is offer.
Fisher v Bell
What are the 2 ways in which the golden rule can work?
The Narrow and the Broad Approach
What does the narrow approach give the word and what can the judges then do?
Two meanings and the judges can choose which one to apply.
What does the broad approach give and what would applying it lead to ?
One clear meaning and an absurd outcome
What can the judges do to the act words with would produce a suitable outcome?
Read into the act.
Michael Zander describes the Golden Rule as...
A feeble parachute