Question 1

Match each rule of interpretation with its meaning.
-The mischief rule.

Accepted Answer

A)  The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman. 
B)  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. 
C)  Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. 
D)  Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy. 
A)  The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman. 
B)  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. 
C)  Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. 
D)  Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy.

Question 2

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

Accepted Answer

A)  Because Lord Templeman suggests they have scientific authority. 
B)  Because the rules are the only way in which a statute can be interpreted. 
C)  Because the rules are, essentially, approaches to interpretation, and judges and lawyers still make reference to them. 
D)  Because there is no substitute for clear rules. 
A)  Because Lord Templeman suggests they have scientific authority. 
B)  Because the rules are the only way in which a statute can be interpreted. 
C)  Because the rules are, essentially, approaches to interpretation, and judges and lawyers still make reference to them. 
D)  Because there is no substitute for clear rules.

Question 3

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

Accepted Answer

A)  If the words have a plain meaning, then the court is bound to agree as to what that plain meaning is. 
B)  The basic premise behind the literal rule is that the words chosen by Parliament clearly show its intentions in passing that Act. 
C)  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. 
D)  The literalist is looking for the primary or most obvious meaning of the words; the consequences of such an interpretation are not considered. 
A)  If the words have a plain meaning, then the court is bound to agree as to what that plain meaning is. 
B)  The basic premise behind the literal rule is that the words chosen by Parliament clearly show its intentions in passing that Act. 
C)  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. 
D)  The literalist is looking for the primary or most obvious meaning of the words; the consequences of such an interpretation are not considered.

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A)  It is only to be used when the literal rule fails - it is thus a back-up. 
B)  It is always used in conjunction with the literal rule. 
C)  It usually focuses on the range of secondary meanings of the word or phrase in question. 
D)  It is very difficult to know when a result will be an anomaly, an ambiguity or an absurdity. 
A)  It is only to be used when the literal rule fails - it is thus a back-up. 
B)  It is always used in conjunction with the literal rule. 
C)  It usually focuses on the range of secondary meanings of the word or phrase in question. 
D)  It is very difficult to know when a result will be an anomaly, an ambiguity or an absurdity.

Question 6

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

Accepted Answer

A)  Travaux preparatoires. 
B)  Explanatory notes. 
C)  Marginal/side notes. 
D)  Dictionaries. 
A)  Travaux preparatoires. 
B)  Explanatory notes. 
C)  Marginal/side notes. 
D)  Dictionaries.

Question 7

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?

Accepted Answer

A)  There is a clear and gross anomaly. 
B)  Parliament recognised the anomaly and accepted its existence. 
C)  The anomaly can be obviated without detriment to the legislative intent. 
D)  The language of the statute allows for such modification. 
A)  There is a clear and gross anomaly. 
B)  Parliament recognised the anomaly and accepted its existence. 
C)  The anomaly can be obviated without detriment to the legislative intent. 
D)  The language of the statute allows for such modification.

Question 8

Match each rule of interpretation with its meaning.
-The purposive rule.

Accepted Answer

A)  The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman. 
B)  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. 
C)  Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. 
D)  Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy. 
A)  The use of only the plain and ordinary, literal meaning of the words, because these are the words specifically chosen by the draftsman. 
B)  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. 
C)  Ascertaining what the draftsman intended by the word, by examining the general purpose of the section and its social, economic or political context. 
D)  Looking at the previous common law and the history of the Act to ascertain what problem (or mischief) the draftsman sought to remedy.

Question 9

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

Accepted Answer

A)  It cannot be used as an aid to construction at all, as was established in the case of R v Galvin. 
B)  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. 
C)  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. 
D)  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. 
A)  It cannot be used as an aid to construction at all, as was established in the case of R v Galvin. 
B)  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. 
C)  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. 
D)  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.

Question 10

Match each Latin maxim to its meaning.
-Noscitur a sociis.

Accepted Answer

A)  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. 
B)  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. 
C)  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. 
D)  A word used in one Act can be given the same meaning in another, if the two Acts are dealing with the same matter. 
A)  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. 
B)  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. 
C)  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. 
D)  A word used in one Act can be given the same meaning in another, if the two Acts are dealing with the same matter.

Match each rule of interpretation with its meaning. -The mischief rule.

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

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

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

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

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

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?

Match each rule of interpretation with its meaning. -The purposive rule.

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

Match each Latin maxim to its meaning. -Noscitur a sociis.

Understanding the Law

Finding the Law

Reading the Law

From Reading to Writing

Constructing the Legal Argument

The Doctrine of Judicial Precedent

How Precedent Operates: Ratio Decidendi and Obiter Dictum

Interpreting Statutes

Bringing Rights Home: Legal Method and Convention Rights

European Legal Method

Filters

Exam 8: Making Sense of Statutes

Match each rule of interpretation with its meaning. -The mischief rule.

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

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

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

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

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

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?

Match each rule of interpretation with its meaning. -The purposive rule.

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

Match each Latin maxim to its meaning. -Noscitur a sociis.

Understanding the Law

Finding the Law

Reading the Law

From Reading to Writing

Constructing the Legal Argument

The Doctrine of Judicial Precedent

How Precedent Operates: Ratio Decidendi and Obiter Dictum

Interpreting Statutes

Bringing Rights Home: Legal Method and Convention Rights

European Legal Method

Filters