Question 1

Words used in statutes have a precise and accurate meaning, and anyone can 'look up' the law in a statute.

Accepted Answer

Statutory language can be complex and open to interpretation, often requiring legal expertise to understand its full implications and context.

Question 2

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

Accepted Answer

The literal rule involves interpreting statutes based on the plain, ordinary meaning of the words used, without considering any external factors or intended purposes.

Question 3

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

Accepted Answer

The golden rule is an approach to statutory interpretation that starts with the literal meaning of the words but allows for a departure from this meaning to avoid an absurd result. This rule essentially acts as a modification of the literal rule, providing flexibility to ensure that the law remains sensible and functional in practice.

Question 4

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

Accepted Answer

The purposive rule focuses on understanding the intention behind the words used in the statute by considering the broader purpose and context of the legislation, rather than just the literal meaning of the words.

Question 5

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

Accepted Answer

The mischief rule focuses on understanding the issue the legislation intended to address and interprets the law in a way that remedies that issue.

Question 6

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

Accepted Answer

The rules of interpretation are not the only way to interpret statutes, nor do they have scientific authority or serve as an irreplaceable method. However, they are fundamental approaches that judges and lawyers reference to guide their interpretation of legal texts, making them important to understand.

Question 7

What is the problem with the 'rules of interpretation' and why are they dangerous (select all that apply)?

Accepted Answer

B) The term 'rule' misleadingly suggests a level of precision and infallibility that does not exist in legal interpretation. C) While rules of interpretation provide a framework, they do not fully determine the outcome of how a statute is interpreted in practice. D) The term 'rule' is misleading because these are better understood as approaches or guidelines rather than strict rules.

Question 8

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

Accepted Answer

The purposive rule focuses on understanding the law within the context of its purpose, rather than arguing about its fairness. It aims to interpret statutes based on the intent of the legislation, not on subjective notions of fairness.

Question 9

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

Accepted Answer

The literal rule involves interpreting statutes based on the plain, ordinary meaning of the words. It assumes that Parliament's intentions are clear from the words used (B), and judges should not create ambiguities if the words are clear (C). The focus is on the primary meaning without considering the consequences (D).

Question 10

'The golden rule is a bridge between literalism and purposiveness.'

Accepted Answer

The golden rule in legal interpretation allows for a balance between strict literal interpretation and considering the purpose behind the law, thus acting as a bridge between the two approaches.

Question 11

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

Lord Simon's guidelines for departing from the literal rule include conditions where there is a clear anomaly, it can be fixed without harming the legislative intent, and the statutory language permits such a modification. The option about Parliament recognizing and accepting the anomaly is not part of these guidelines.

Question 12

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

Accepted Answer

The answer of Which of the following are correct statements...

Question 13

Interpretation of a word or phrase, within its internal context, means that it will be interpreted within the context of the statute or section of the statute itself, and not by reference to the wider, external context of the Act.

Accepted Answer

This is known as the principle of "intra-textualism," where the meaning of a word or phrase is derived from its context within the statute itself, rather than from external sources or the broader context of the Act.

Question 14

Which of the following statements apply to the purposive approach (select all that apply)?

Accepted Answer

The answer of Which of the following statements apply to...

Question 15

The mischief rule is, historically and formally, narrower than the golden rule because the mischief that the Act intended to correct was determinable from the Preamble of the Act itself. It can now be said, however, that, to some judges, the distinction between the mischief and the golden rules is virtually non-existent; both have become subsumed by a general purposive approach.

Accepted Answer

The mischief rule and the golden rule are both traditional methods of statutory interpretation, but over time, the distinction between them has blurred for some judges. Both are now often considered part of a broader purposive approach, which seeks to determine the purpose behind a legislative act.

Question 16

Which of the following is the correct analysis of Coltman v Bibby Tankers?

Accepted Answer

In Coltman v Bibby Tankers, the court interpreted the word 'includes' as indicating that the list provided in the Act was non-exhaustive. This interpretation was supported by examining the context and other sections within the Act, which helped to clarify the intended scope of the list.

Question 17

Match each Latin maxim to its meaning.
-Expressio unius est exclusio alterius.

Accepted Answer

A) Expressio unius est exclusio alterius is a principle of statutory interpretation meaning that the mention of one thing excludes others; when certain things are specified in a law, an intention to exclude all others can be inferred.

Question 18

Match each Latin maxim to its meaning.
-Eiusdem generis.

Accepted Answer

Eiusdem generis is a Latin legal maxim that means "of the same kind or class." It is used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed.

Question 19

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

Accepted Answer

Noscitur a sociis is a Latin maxim that means a word is known by the company it keeps, indicating that the meaning of a word can be determined by the context or the words surrounding it.

Question 20

Match each Latin maxim to its meaning.
-In pari materia.

Accepted Answer

"In pari materia" refers to statutes or laws that are on the same subject matter and thus should be interpreted together. Option D directly addresses this by stating that a word used in one Act can be given the same meaning in another if the two Acts are dealing with the same matter.

Quiz 8: Making Sense of Statutes

Words used in statutes have a precise and accurate meaning, and anyone can 'look up' the law in a statute.

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

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

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

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?

What is the problem with the 'rules of interpretation' and why are they dangerous (select all that apply) ?

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

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

'The golden rule is a bridge between literalism and purposiveness.'

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?

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

Interpretation of a word or phrase, within its internal context, means that it will be interpreted within the context of the statute or section of the statute itself, and not by reference to the wider, external context of the Act.

Which of the following statements apply to the purposive approach (select all that apply) ?

Which of the following is the correct analysis of Coltman v Bibby Tankers?

Match each Latin maxim to its meaning. -Expressio unius est exclusio alterius.

Match each Latin maxim to its meaning. -Eiusdem generis.

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

Match each Latin maxim to its meaning. -In pari materia.