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| Frage | Antworten |
| What is an external aid? | There is a rule that a court may not look outside a statute for the meaning of the statute, but there are some exceptions. |
| Why might a judge refer to a dictionary? Give a case which shows this EA | A judge may refer to a good dictionary to find the ordinary meaning of a word. Example - Vaughan v Vaughan Facts - A women's ex husband was turning up at her house in the morning and evenings, He also went to her work place in the day. Statute - Used word 'molest' - had to be defined - means 'to cause trouble, vex, annoy or put to inconvenienced'. Outcome - Guilty as word did cover the situation. |
| What is the advantage and disadvantage of using a dictionary? | Using when using LR. Not useful when using other approachs. |
| What is the Interpretation Act 1978? | The act which defines the UK. Contains definitions for many of the most common words and phrases in UK statute law and its definitions apply to all other acts unless that other act says otherwise. |
| What are the advantage and disadvantage of using the Interpretation Act 1978? | Useful as it promotes consistency across legislation. Less useful as it doesn't deal with very specialised words. |
| What are explanatory notes? | Published for each Act explaining the background to the Act and the effect its provisions are intended to have. So useful for MR or PA |
| What is Hansard? | The daily report of preceding in Parliament. The may refer to this so they can discover what was said about the Act when ti was going through its various stages of a Bill. |
| When did the House of Lords say that Hansard can only be used? | - The literal meaning of the statute was absurd - The statement from Hansard revelaed the intention of Parliament - The statement was made by the relevant minister or the promoter of the bill... and - The statement itself was clear |
| What are the advantages of using Hansard? | - Obvious source of information Many countries allow their Parliamentary reports to be used in this way. - Parliament is reported in the normal media and it would be daft if Judges had to ignore what they have seen in the news. |
| What are the disadvantages of using Hansard? | - Impossible burden on barristers and solicitors in that they cannot afford to buy and keep something as lengthy as Hansard. - Speeches made may not be relevant and helpful - A ministerial speech may not reflect the intention of Parliament |
| What case allowed the courts to refer to hansard? | Pepper v Hart Facts - It involved school teachers working at Private School. They were allowed to send their own children to school free of charge Statute - Was not clear, do you pay tax on money saved by teachers or charge tax on how much It'll cost. Outcome - Charged on the cost of the school. |
| What are white papers and law commission reports? | Can be used if they explain the pre-existing law and the problem the Act was intended to curve. |
| What are the advantages and disadvantage of white papers and law commission reports? | Documents can explain the background to and purpose of an act. Courts ignore them at their peril. |
| What are previous judicial decisions? | If a particular word in a particular statute has already been decided in a previous case, then the Judge should follow that decision. |
| Give an example of a case which shows previous judicial decision. | R v Ghosh Defines 'dishonesty' - everyone must comply with this meaning |
| What are the advantages and disadvantages of previous judicial decisions? | Ad - Consistent Helps lawyers and their clients as they research the law and prepare for cases. Disad - Any one reading the statute wouldn't know of the Judicial Interpretation that had built up and the law becomes less transparent or accessible. |
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