Deck 2: Using Legislation

Question 1

On which ONE of the following occasions may the courts refer to Hansard as an extrinsic aid to interpretation?

A) Always. The words in debate are equally as valid as those in the Act itself.
B) When the legislation is ambiguous or obscure, but there are clear comments from Members of Parliament (MPs) in Hansard.
C) When the wording of the legislation leads to absurdity, but Hansard contains clear comments from the Minister promoting the Bill.
D) Never. The courts may only use the actual words of the Act as enacted by Parliament.

Answer 1

C
Explanation: Hansard may be referred to if the legislation is ambiguous or obscure, or if its literal meaning leads to an absurdity. Even then, it may only be relied on if the material consists of statements by a Minister or other promoter of the Bill, and if those statements are clear (Pepper v Hart [1993] AC 593 (HL)).

Question 2

Which of the following presumptions are valid as aids to the interpretation of legislation? Please select all that apply.

A) The statute does not intend to deprive a person of his or her liberty.
B) Statutes operate retrospectively.
C) The courts have no power to review the legality of the statute.
D) The Crown is bound by the statute.

Answer 2

A, C
Explanation: The statute does not intend to deprive a person of his or her liberty and the courts have no power to review the legality of the statute. But statutes do not generally operate retrospectively and the statute does not bind the Crown.

Question 3

Which of the following cases is an example of use of the golden rule?

A) Re Sigsworth [1935] Ch 89 (DC).
B) Heydon's case (1584) 3 Co Rep 7a.
C) Sussex Peerage case (1844) 1 Cl & Fin 85.
D) Corkery v. Carpenter [1951] 1 KB 102 (DC).

Answer 3

A
Explanation: This case involves a son who murdered his mother and would have inherited her estate had the golden rule not been used.

Question 4

Which rule of language means that words in a statute derive meaning from the words surrounding them?

A) Noscitur a sociis.
B) Ejusdem generis.
C) Expressio unius est exclusio alterius.
D) Per incuriam.

Question 5

Which ONE of the following rules of interpretation involves an examination of the former law in an attempt to ascertain Parliament's intention?

A) The literal rule.
B) The golden rule.
C) The mischief rule.
D) The purposive approach.

Question 6

The ______ approach requires consideration of the spirit as well as the purpose of the legislation.

Question 7

'Section 3(1) of the Human Rights Act 1998 requires courts to read legislation in a way that is compatible with Convention rights.' Is this statement true or false?

Question 8

'Section 2(4) of the European Communities Act 1972 required courts to read legislation in a way that is compatible with applicable European law.' Is this statement true or false?

Question 9

'Headings and marginal notes are not part of an Act of Parliament.' Is this statement true or false?

Question 10

Punctuation is an example of an ______ aid to interpretation.

Question 11

Which of the following are intrinsic aids to interpretation? Please select all that apply.

A) Punctuation.
B) Dictionaries.
C) Long title.
D) Hansard.

Question 12

The ______ is a statute that defines words commonly used within legislation.

Question 13

The ______ approach is based upon the mischief rule and involves seeking an interpretation that gives effect to the general purpose of the law.

Question 14

The mischief rule is sometimes known as the rule in ______ case.

Question 15

'Preambles to old statutes are not part of the statute itself.' Is this statement true or false?