Summary: Law

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• 1 Statutory interpretation

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• What is the purpose of statutory interpretations?

  • Help understand and clarify the law.
  • Ensure full understanding of statutes.
  • Parliament provides interpretation through the Interpretation Act 1978.

• Describe the purposive approach in statutory interpretation.

  • Does not refer to the old law's gap.
  • Focuses on parliament's intended meaning.
  • Example cases: R v Registrar-General, ex parte Smith (1990).

• What are the three rules of interpretation mentioned?

  • Literal Rule: Gives word's literal meaning; e.g., R v Judge (1982).
  • Golden Rule: Avoid absurdity in literal meanings; e.g., Whitley v Chappell (1968).
  • Mischief Rule: Focus on the problem the statute addresses; e.g., Smith v Hughes (1800).

• Explain the literal rule of interpretation.

  • Provides literal meaning of words.
  • Applied even if absurd.
  • Example: R v Judge of the City of London Court (1982).

• Explain the golden rule of interpretation.

  • Considers the literal word's absurdity.
  • Looks for less absurd interpretations.
  • Example cases: Jones v DPP (1962).

• What is the mischief rule and how is it applied?

  • Addresses the problem the statute intends to solve.
  • Considers the law before the Act.
  • Example case: Smith v Hughes (1800).

• What are the two approaches within the golden rule?

  • Narrow Approach: Single meaning unless absurd.
  • Wide Approach: Modifies words to prevent issues.
  • Example cases: Adler v George (1964), Re Sigsworth (1935).

• What is statutory interpretation?

  • Judges or parliament interpret laws.
  • Necessary when law meaning is unclear.
  • Four rules guide this process.
  • One key rule is the mischief rule.
  • Example: Smith v Hughes (1960).

• What are the types of interpretation aids?

  • Intrinsic Aids:
    • Look within the act itself.
    • Use long and short titles.
    • Check definitions and marginal notes.
  • Extrinsic Aids:
    • Look outside the act.
    • Consider previous acts, historical settings, and law reform reports.

• How does the mischief rule evaluate effectiveness?

  • Supporters:
    • Clarifies law application.
    • Judges use initiative for interpretation.
  • Critics:
    • May cause uncertainty.
    • Judges take varied interpretive approaches.
    • Focus is not always on the issue.