Statutory Interpretation

Statutory Interpretation is..

• Judges creating law for other judges to follow

• Judges interpreting judge's law

• Judges interpreting parliament's legislation

There are three rules for judges to follow when interpreting legislation

• True

• False

Which rule is the oldest?

• Literal rule

• Golden rule

• Mischief rule

• Purposive Approach

In Smith v Hughes (1960) the court applied the ..

• Golden rule

• Literal rule

• Mischief rule

• Purposive approach

Mischief rule looks for the purpose of the act

• False

• True

Which case involved a person exposing himself in public?

• Elliot v Grey (1960)

• Cheeseman V DPP (1990)

• Donoghue v Stevenson (1932)

• Brock v DPP (1993)

Which rule looks for the purpose of the Act?

• Mischief rule

• Purposive approach

• Literal rule

• Golden rule

Which Lord in the case of R v City of London Court Judge (1892) state' if the words of an Act are clear, you must follow them, even though it may lead to a manifest absurdity'

• Lord Coke

• Lord Denning

• Lord Esher

• Lord Simmons

What are two advantages of the literal rule?

• Respects parliamentary sovereignty

• Leads to fair outcomes

• Leads to absurdity

• Gives the court a restricted role

In Heydon's case (1584), three factors were laid down for judges to follow when using the mischief rule. What were they?

• What remedy Parliament was trying to achieve

• What was the law before the statute was passed

• What problem the statute was trying to remedy

• What is the purpose of the act in question