Chapter 8 Self-test questions

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. Words used in statutes have a precise and accurate meaning, and anyone can 'look up' the law in a statute.

True correct incorrect

False correct incorrect

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. Match each rule of interpretation with its meaning.

The literal rule

Putting the words in the context of the statute as a whole and giving them their ordinary meaning, unless this produces an absurd result, in which case, the judge should give the words another contextual meaning. The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman. Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy.

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The golden rule

Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman. Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy. Putting the words in the context of the statute as a whole and giving them their ordinary meaning, unless this produces an absurd result, in which case, the judge should give the words another contextual meaning.

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The purposive rule.

Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy. Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. Putting the words in the context of the statute as a whole and giving them their ordinary meaning, unless this produces an absurd result, in which case, the judge should give the words another contextual meaning. The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman.

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The mischief rule

Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy. Putting the words in the context of the statute as a whole and giving them their ordinary meaning, unless this produces an absurd result, in which case, the judge should give the words another contextual meaning. The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman.

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. Why is it still important to know the 'rules of interpretation' and their meaning?

Because the rules are the only way in which a statute can be interpreted. correct incorrect

Because the rules are, essentially, approaches to interpretation, and judges and lawyers still make reference to them. correct incorrect

Because Lord Templeman suggests they have scientific authority. correct incorrect

Because there is no substitute for clear rules. correct incorrect

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. What is the problem with the 'rules of interpretation' and why are they dangerous (select all that apply)?

Because they are the only way in which a statute can be interpreted. correct incorrect

They should really only be seen as approaches to interpretation; the name 'rule' is misleading. correct incorrect

Because the term 'rule' gives the impression of a mathematical formula that, if applied, means one cannot go wrong. This is not the case. correct incorrect

They are a useful starting point, but they do not tell one how a statute is actually interpreted. correct incorrect

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. The purposive rule is a licence to argue that the statute in question is 'unfair'.

True correct incorrect

False correct incorrect

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. Which of the following are accurate statements about the literal rule (select all that apply)?

The literalist is looking for the primary or most obvious meaning of the words; the consequences of such an interpretation are not considered. correct incorrect

The basic premise behind the literal rule is that the words chosen by Parliament clearly show its intentions in passing that Act. correct incorrect

Where the meaning of the statutory words is plain and unambiguous, it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to the words' plain meaning. correct incorrect

If the words have a plain meaning, then the court is bound to agree as to what that plain meaning is. correct incorrect

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. 'The golden rule is a bridge between literalism and purposiveness.'

True correct incorrect

False correct incorrect

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. Which of the following is not part of Lord Simon's guidelines (in Stock v Frank Jones (Tipton) Ltd) for departing from the literal rule?

Parliament recognised the anomaly and accepted its existence. correct incorrect

The language of the statute allows for such modification. correct incorrect

The anomaly can be obviated without detriment to the legislative intent. correct incorrect

There is a clear and gross anomaly. correct incorrect

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. Which of the following are correct statements about the golden rule (select all that apply)?

It is very difficult to know when a result will be an anomaly, an ambiguity or an absurdity. correct incorrect

It is only to be used when the literal rule fails – it is thus a back-up. correct incorrect

It usually focuses on the range of secondary meanings of the word or phrase in question. correct incorrect

It is always used in conjunction with the literal rule. correct incorrect

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. Interpretation of a word or phrase, within its internal context, means that it will be interpreted within the context of the statute or section of the statute itself, and not by reference to the wider, external context of the Act.

True correct incorrect

False correct incorrect

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. Which of the following statements apply to the purposive approach (select all that apply)?

Although once used extensively, the purposive approach is no longer fashionable with the judiciary. correct incorrect

The purposive approach can be described as an examination of the external context of the Act. correct incorrect

The influence of EU law has meant that the courts are using this approach more and more. correct incorrect

An 'absurdity' means something wider than irreconcilability with the rest of the Act and judges may therefore probe into the purpose of the Act. correct incorrect

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. The mischief rule is, historically and formally, narrower than the golden rule because the mischief that the Act intended to correct was determinable from the Preamble of the Act itself. It can now be said, however, that, to some judges, the distinction between the mischief and the golden rules is virtually non-existent; both have become subsumed by a general purposive approach.

True correct incorrect

False correct incorrect

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. Which of the following is the correct analysis of Coltman v Bibby Tankers?

The case is authority for the proposition that the use of the word 'includes' in a statute will always mean that the list is open-ended. correct incorrect

The case is authority for the proposition that the use of the word 'includes' will always mean that the list is exhaustive, so anything not specifically included in the list cannot be read into it. correct incorrect

The word 'includes' in that particular Act meant that the list was exhaustive. This was determined by reference to the other sections where lists were given. correct incorrect

The word 'includes' in that particular Act meant that the list was non-exhaustive. This was determined by reference to the other sections where lists were given. correct incorrect

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. Match each Latin maxim to its meaning.

Expressio unius est exclusio alterius.

A word used in one Act can be given the same meaning in another, if the two Acts are dealing with the same matter. Where a list of things appears, it is logical to argue that the legislature specifically intended to exclude all other things – 'the expression of one thing is to the exclusion of others'. It will not apply when words like 'includes' or 'such as' appear in the list. This rule means that a word is known by its associates and the meaning of a word is therefore to be determined by its surrounding words. When general words follow a list of specific words, then the general words should be read according to the genus of the preceding specific words.

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Eiusdem generis.

Where a list of things appears, it is logical to argue that the legislature specifically intended to exclude all other things – 'the expression of one thing is to the exclusion of others'. It will not apply when words like 'includes' or 'such as' appear in the list. A word used in one Act can be given the same meaning in another, if the two Acts are dealing with the same matter. When general words follow a list of specific words, then the general words should be read according to the genus of the preceding specific words. This rule means that a word is known by its associates and the meaning of a word is therefore to be determined by its surrounding words.

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Noscitur a sociis.

This rule means that a word is known by its associates and the meaning of a word is therefore to be determined by its surrounding words. When general words follow a list of specific words, then the general words should be read according to the genus of the preceding specific words. A word used in one Act can be given the same meaning in another, if the two Acts are dealing with the same matter. Where a list of things appears, it is logical to argue that the legislature specifically intended to exclude all other things – 'the expression of one thing is to the exclusion of others'. It will not apply when words like 'includes' or 'such as' appear in the list.

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In pari materia.

Where a list of things appears, it is logical to argue that the legislature specifically intended to exclude all other things – 'the expression of one thing is to the exclusion of others'. It will not apply when words like 'includes' or 'such as' appear in the list. This rule means that a word is known by its associates and the meaning of a word is therefore to be determined by its surrounding words. When general words follow a list of specific words, then the general words should be read according to the genus of the preceding specific words. A word used in one Act can be given the same meaning in another, if the two Acts are dealing with the same matter.

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. Section 1 of the Countryside Act states that 'the driving of cars, motorcycles, lorries, tractors and other vehicles over public rights of way is a criminal offence'.
You are the prosecuting barrister in a case where the defendant has 'driven' a horse and cart over a public right of way. Which of the following maxims would you seek to employ and what would your argument be?

I would use eiusdem generis to argue that the genus is clearly vehicles that have wheels and are capable of being driven by a person, and section 1 should therefore be interpreted so as to include horse and cart. correct incorrect

I would use eiusdem generis to argue that the genus is clearly vehicles that are motor-powered and that horse and cart cannot therefore be read into this section. correct incorrect

I would use expressio unius est exclusio alterius to argue that, because horse and cart are not included in the list, the legislature has specifically excluded them. correct incorrect

I would use noscitur a sociis to argue that the surrounding words are all motor-powered vehicles and that a horse and cart cannot therefore be read into this section. correct incorrect

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. Section 1 of the Curfew and Civil Disorder Act 1998 provides that: 'It shall be an offence to be present in large groups on a street or in a park or in a public place during the hours of darkness without lawful excuse.'
You are counsel for the defence. Your client is accused of organising a demonstration in a village hall. Which of the following maxims would you use and what would your argument be?

I would argue that 'public place' is to be read noscitur a sociis with 'street' and 'park'. These words clearly indicate a public environment to which members of the pubic have access and the same is true of a village green. correct incorrect

I would argue that it would be grossly unjust to make my client guilty of an offence for organising a demonstration for the public good in a village hall, because the hall was small and there was no damage or injury caused. It cannot possibly have been the intention of Parliament to outlaw such peaceful and small demonstrations because to do so would be to undermine the principle of free speech. correct incorrect

I would argue that 'public place' is to be read eiusdem generis. As the genus of 'street' and 'park' can be taken to mean an open-air place to which all of the public has access, it is clear that a public place cannot include closed environments such as a village hall to which all of the public cannot have access. My client has therefore not committed an offence. correct incorrect

I would argue that 'public place' is to be read noscitur a sociis with 'street' and 'park'. 'Public place' cannot be taken to mean a closed environment to which, by its very nature, the public, as a whole, cannot have access, when the surrounding words 'street' and 'park' clearly indicate an open-air environment to which all of the public has access. My client has therefore not committed an offence. correct incorrect

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. When can a statute be read in pari materia?

When the statute concerns the same matter as another. correct incorrect

When at least two judges at the level of Court of Appeal or above have pronounced two statutes to be of the same matter. correct incorrect

When the same Minister has promoted the bill. correct incorrect

When two statutes have been drafted by the same draftsmen. correct incorrect

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. To what extent can the 'long title' of an Act be used as an aid to the Act's construction?

It cannot be used as an aid to construction at all, as was established in the case of R v Galvin. correct incorrect

It may be used as a minor aid to resolve technical ambiguities arising from the operative sections of the Act in all cases where there is a discrepancy between the relevant section and a schedule in the Act's explanatory notes. correct incorrect

It may be used generally as a secondary aid to construction, but only if the construction does not contradict the specific wording of the relevant section. correct incorrect

It may only be used when applying the rule in Heydon's case or, in modern times, where the rule in Pepper v Hart is applied strictly. correct incorrect

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. Which of the following can be used as aids to interpretation (select all that apply)?

Explanatory notes. correct incorrect

Marginal/side notes. correct incorrect

Dictionaries. correct incorrect

Travaux preparatoires. correct incorrect

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. Hansard can only be made reference to in very limited circumstances following the strict guidelines set down in Pepper v Hart. The court must be persuaded that such a reference is justified. Nonetheless, it may consider extracts from Hansard de bene esse. Such arguments have, however, generally fallen from favour.

True correct incorrect

False correct incorrect

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. Which of the following is not part of the rules laid down in Pepper v Hart that allow reference to Parliamentary materials?

Once the legislation is found to be ambiguous, the court must ascertain that the golden rule is not applicable. correct incorrect

The statements relied upon are clear. correct incorrect

The legislation must be ambiguous or obscure, or lead to an absurdity. correct incorrect

The material relied upon consists of one or more statements by a minister or other promoter of the bill, together with any such other Parliamentary material as is necessary to understand such statements and their effect. correct incorrect

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. Section 2 of the Curfew and Civil Disorder Act 1998 states that: 'Under this Act 'lawful excuse' shall be limited to matters of emergency, public concern or other essential purpose.'
The Hansard reports reveal that, in relation to the Act, the Home Secretary, in response to a question in Parliament about the meaning of 'shall be limited to matters of urgency, public concern or other essential purpose' said: 'Clause 2 is very straightforward. The use of the word urgency is to denote a matter in need of immediate action or attention: a situation of necessity.'
How, and when, can counsel use the statement from Hansard in his/her argument regarding the meaning of the word 'emergency' contained in section 2 of the Act?

The statement can be used in argument as long as the rules in Pepper v Hart are satisfied. correct incorrect

The statement can only used by counsel for the defence because section 2 can only be read eiusdem generis. correct incorrect

The statement can never be used because the Home Secretary is discussing the word 'urgency', which has been changed to 'emergency' during the passage of the bill through Parliament. correct incorrect

The Home Secretary is talking in Parliament in answer to a question rather than reading out the explanatory notes accompanying the bill; consequently, the statement cannot be used. correct incorrect

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. The case of Davis v Johnson demonstrates that the style of interpretation adopted by a judge can easily be categorised as 'grand' or 'formal'.

True correct incorrect

False correct incorrect

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. The interpretation of secondary legislation differs to that of primary legislation for which of the following reasons (select all that apply)?

The existence of a parent Act means that words used in the secondary legislation are to be read as having the same meaning as in the parent Act. correct incorrect

Such legislation is only of secondary importance in the legal order and thus judges are rarely called upon to interpret it. correct incorrect

Because the courts have the power to declare secondary legislation invalid where it exceeds the power granted to it by Parliament; thus, both the scope of the powers within the delegated legislation and the scope of the grant contained in the parent Act need interpretation. correct incorrect

The courts will be reluctant to interpret any delegated legislation in a way that conflicts with an established and fundamental principle of common law. correct incorrect