Chapter 4 Self-test Questions

In Fisher v Bell, [1961] 1QB 394 the technical term the court had to interpret was ________
In Fisher v Bell [1961] 1QB 394, the technical term the court had to interpret was offer. Statutory interpretation can often be reduced to arguments about the meaning of words that would rarely cross our minds in ordinary conversation. Take a note of the court's technical interpretation of the term offer in this case.

In Fisher v Bell [1961] 1 QB 394 the shopkeeper was criminally liable for displaying a flick knife in his shop window.

True

False

In Royal College of Nursing v Department of Health and Social Security [1981] AC 800, the Court decided that nurses could not be involved in procuring an abortion as they were not 'registered medical practitioners' under the law outlined in s1 of the Abortion Act 1967.

True

False

The literal rule of statutory interpretation seeks to ascertain the intention of Parliament from the meaning of the ________ used in a statute.

In Jones v DPP [1962] AC 635, Lord Reid declared that the words of a statutory provision were only to be given a meaning that they could reasonably bear; in the event of a word being _____________, a court could choose between meanings.
In Jones v DPP, Lord Reid declared that the words of a statutory provision were only to be given a meaning that they could reasonably bear; in the event of a word being ambiguous, a court could choose between meanings. Ambiguity is a common occurrence in cases where the interpretation of terms in a statute is contested.

The courts have little flexibility or choice in applying the rules of interpretation. They must always apply one rule and not contemplate or consider the use of other rules.

True

False

The golden rule may be used where the literal interpretation of the words in a statute leads to a(n) ____________, inconsistency or a result that is repugnant.

In Coltman v Bibby from which source did Lord Oliver discover the purpose of the Employer's Liability (Defective Equipment) Act 1969?

The purpose was to be found by reading s.1(3) of the 1969 Act which gave a partial definition of the word 'equipment.'

The purpose was to be found by use of the golden rule.

The purpose of the 1969 Act was to be found in the long title to the Act.

The purpose of the 1969 Act was to be found in a dictionary.

How many of the following are the four things to be discerned and considered in exercising the mischief rule, as outlined in Heydon's Case (1584) Please select all that apply.

What was the common law before the Act?

How useful are the external aids to interpretation?

What is the mischief for which the common law did not provide

What remedy has Parliament implemented under the Act.

In Fisher v Bell [1961] 1 QB 394 the court adopted the golden rule to interpret the phrase 'offers for sale or hire'

True

False

The courts when interpreting a statute may not refer to the records of parliamentary debates.

True

False

To what extent may Explanatory Notes be used when interpreting a statute?

Explanatory Notes may only be used in instances of ambiguity.

Explanatory Notes may only be used in instances of uncertainty in the words of a statute.

Explanatory Notes as part of a statute may always be used in determining what the words of a statute mean.

Explanatory Notes may be used as they cast light on the context of the statute and the mischief at which it is aimed.

In using Hansard as an aid to the interpretation of a statute which of the following are requirements for such use? Please select all that apply.

The legislation must be ambiguous or obscure or a literal interpretation would lead to an absurdity.

The statement or statements relied on were made by the minister or other promoter of a Bill.

The statements relied upon are clear.

Any statements made in Parliament about the meaning of the words in a Bill may be used.

The courts may refer to the side or marginal notes of a statute as an aid to interpretation.

True

False

The ejusdem generis rule states that where general words follow specific words which form a class (or a genus) then the general words are to be read in the light of the ________ _____.

In cases of doubt or ambiguity the courts may use the ____________ of legislative intent.

In _________ v Kempton Park Racecourse, the House of Lords was asked to interpret the phrase 'house, office, room or other place for betting'.

Expressio unius est exclusio alterius refers to the principle that the words must be read in the context in which they appear.

True

False

What is the most accurate description of a presumption of legislative intent in relation to the retrospective operation of a Statute?

No such presumption exists.

This presumption exists and will apply in all cases to prevent retrospective operation irrespective of the wording of the relevant legislation.

This presumption exists and will always apply in all cases to permit retrospective operation.

This presumption exists and applies in all cases to prevent the retrospective operation of a Statute unless the relevant legislation clearly expresses otherwise.

In relation to penal statutes, the Courts will, in cases of ambiguity, construe a Statute so as to avoid criminal liability.

True

False

In R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, the presumption against ousting the court's jurisdiction did not apply.

True

False

In Robertson v Swift [2014] UKSC 50, the relevant purpose of the EU directive was to provide _________ protection in the event of a cancellation of a contract.

When the Courts are interpreting legislation that implements an EU directive, the courts must adopt which of the following rules/approaches.

Literal Rule

Golden Rule

Mischief Rule

Purposive Approach

If there is no domestic legislation implementing a EU directive, then the Courts will be unable to refer to the EU directive itself in interpreting any existing legislation.

True

False

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