Understanding the Tricks of Legal Talk: Statutory Interpretation for Kids

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ella💗

03/02/2023

Law

Statutory Interpretation Notes

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Law

Understanding the Tricks of Legal Talk: Statutory Interpretation for Kids

Name: Knowunity
Brand: Knowunity

Statutory interpretation techniques in law form the foundation of legal text analysis, guiding judges in interpreting legislative acts effectively.

• The interpretation process employs four main approaches: literal rule, golden rule, mischief rule, and purposive approach, each serving distinct purposes in legal interpretation

• Rules of language in legal interpretation include specialized principles like ejusdem generis and noscitur a sociis, ensuring consistent understanding of legal texts

• The process utilizes both intrinsic aids (within the Act) and extrinsic aids (external sources) to achieve comprehensive interpretation

• The purposive approach to statutory interpretation has gained prominence, especially in EU law contexts, focusing on legislative intent rather than literal meanings

...

03/02/2023

188

Tr
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STATUTORY INTERPRETATION
Statutory Interpretation is the
process by which Judges interpret
the provisions of an Act of Part
RULES OF IN

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Page 2: Rules of Language and Interpretative Aids

This page delves into the specific rules of language used in statutory interpretation and the various aids available to judges.

Vocabulary: Ejusdem Generis means "of the same kind," while Noscitur a Sociis translates to "a word is known by the company it keeps."

Definition: Extrinsic aids are external sources like dictionaries or textbooks, while intrinsic aids are provisions within the Act itself.

Highlight: Hansard, which records legislative debates, serves as a valuable resource for understanding parliamentary intent.

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Page 3: Detailed Analysis of Interpretation Rules

This page provides an in-depth examination of each interpretation rule and their practical applications through case law.

Example: The Smith v Hughes [1960] case demonstrates the mischief rule's application in interpreting the Prostitutes Act.

Definition: The Golden Rule allows judges to avoid absurd results by applying a second meaning when the literal interpretation would be unjust.

Highlight: The purposive approach, particularly relevant in EU law interpretation, focuses on establishing the positive purpose of the Act.

View

Page 4: Advanced Interpretation Techniques

This page explores more sophisticated aspects of statutory interpretation, including specific case applications and the use of various aids.

Example: The Smeaton Case regarding the morning-after pill illustrates the practical application of both intrinsic and extrinsic aids.

Vocabulary: Hansard refers to the official transcripts of Parliamentary debates, which judges can consult for legislative context.

Highlight: The interconnected nature of interpretation rules is demonstrated through their application in complex cases like Jones v Tower Boot Co.

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Subjects

Law

Understanding the Tricks of Legal Talk: Statutory Interpretation for Kids

ella💗

@alevelrevision_x

53 Followers

Statutory interpretation techniques in law form the foundation of legal text analysis, guiding judges in interpreting legislative acts effectively.

• The interpretation process employs four main approaches: literal rule, golden rule, mischief rule, and purposive approach, each serving distinct purposes in legal interpretation

• Rules of language in legal interpretation include specialized principles like ejusdem generis and noscitur a sociis, ensuring consistent understanding of legal texts

• The process utilizes both intrinsic aids (within the Act) and extrinsic aids (external sources) to achieve comprehensive interpretation

• The purposive approach to statutory interpretation has gained prominence, especially in EU law contexts, focusing on legislative intent rather than literal meanings

...

03/02/2023

188

12/13

Law

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Page 2: Rules of Language and Interpretative Aids

This page delves into the specific rules of language used in statutory interpretation and the various aids available to judges.

Vocabulary: Ejusdem Generis means "of the same kind," while Noscitur a Sociis translates to "a word is known by the company it keeps."

Definition: Extrinsic aids are external sources like dictionaries or textbooks, while intrinsic aids are provisions within the Act itself.

Highlight: Hansard, which records legislative debates, serves as a valuable resource for understanding parliamentary intent.

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Page 3: Detailed Analysis of Interpretation Rules

This page provides an in-depth examination of each interpretation rule and their practical applications through case law.

Example: The Smith v Hughes [1960] case demonstrates the mischief rule's application in interpreting the Prostitutes Act.

Definition: The Golden Rule allows judges to avoid absurd results by applying a second meaning when the literal interpretation would be unjust.

Highlight: The purposive approach, particularly relevant in EU law interpretation, focuses on establishing the positive purpose of the Act.

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Page 4: Advanced Interpretation Techniques

This page explores more sophisticated aspects of statutory interpretation, including specific case applications and the use of various aids.

Example: The Smeaton Case regarding the morning-after pill illustrates the practical application of both intrinsic and extrinsic aids.

Vocabulary: Hansard refers to the official transcripts of Parliamentary debates, which judges can consult for legislative context.

Highlight: The interconnected nature of interpretation rules is demonstrated through their application in complex cases like Jones v Tower Boot Co.

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Page 1: Fundamental Rules of Statutory Interpretation

This page introduces the core concepts of statutory interpretation and its primary rules. The text explains how judges interpret legislative provisions when faced with ambiguous or questionable phrases within Acts.

Definition: Statutory Interpretation is the process by which judges interpret the provisions of an Act of Parliament.

Example: Fisher v Bell [1961] demonstrates the literal rule application regarding the offense of offering flick knives.

Highlight: The four main rules of interpretation are the literal rule, golden rule, mischief rule, and purposive approach.

Quote: Lord Esher states, "If the words of an act are clear you must follow them."

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Download in

Google Play

Download in

App Store

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user