Chapter 4 Self-test questions - English Legal System 3e Student resources

. The courts must apply the literal, golden and mischief rules in interpreting a statute.

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 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.

. Which of the following are internal aids to construction and may be used in the interpretative process? Please select all that apply.

The long title.

Headings.

Side or marginal notes.

Punctuation.

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

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.

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

True

False

. 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 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.