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Hint
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Answer
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1. LITERAL RULE
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x
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The literal approach to statutory interpretation is a method where judges interpret the words of a statute based on their ______ meaning, without inferring any deeper intention behind them
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Ordinary
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The defendant impersonated the identity of a dead person. It was a crime to impersonate anyone with the ability to vote. Since a dead person couldn't vote, the defendant was acquitted.
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Whitley v. Chappell
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a) It upholds the will of _____ and ensures the judiciary does not overstep its roll.
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parliament
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b) It instils ______ in the law, since the outcome of any case is predictable and consistent.
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certainty/confidence
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a) It can lead to _____ results which disregard the spirit of the law
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absurd
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b) It doesn't allow _____, meaning judges cannot adapt the law to changing social conditions
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flexibility
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.
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x
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2. GOLDEN RULE
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x
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When applying the literal rule would lead to an absurd, unreasonable, or unjust result, judges can choose another _____ of the word.
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meaning
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D was charged with obstructing a member of the armed forces "in the vicinity" of a prohibited place, but he argued that since he was inside the place, the literal meaning did not apply to him.
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Adler v George
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a) Avoids _____ results
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absurd
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a) It lacks clear guidelines on when it should be _____
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used/applied
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b) Can lead to judicial _____
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overreach
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.
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x
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3. MISCHIEF RULE
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x
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Judges look at the ____ that the statute was intended to remedy, and interpret the law in a way that addresses that issue.
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problem
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Women solicited from balcony. Were they in a public place? Judges decided the goal was to stop the public nuisance caused by visible solicitation.
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Smith v Hughes
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a) Helps achieve the _______ of legislation
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purpose
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b) Allows _______ as it can accommodate new circumstances that arise in the context of the problem
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flexibility
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a) Gives judges too much ______. Allows judges to rewrite legislation based on their own understanding of what Parliament intended.
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discretion
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b) Can lead to _________, as the problem behind statute is not immediately or obviously accessible
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uncertainty
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.
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x
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4. PURPOSIVE APPROACH
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x
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Judges interpret the law in a way that furthers its intended ______
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purpose
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The law dealt with embryos, and defined them in terms of fertilisation. But this new method did not use fertilisation. Judges decided the purpose was to regulate embryos, irrespective of how they were created.
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Quintavalle
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a) Helps achieve the ____ of legislation
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purpose
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b) Allows ________ as it can accommodate new circumstances that arise, within the context of parliament's purpose
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flexibility
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a) Gives judges too much ______. Allows judges to rewrite legislation based on their own understanding of what Parliament intended.
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discretion
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b) Can lead to _________, as the problem behind statute is not immediately or obviously accessible
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uncertainty
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.
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x
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INTRINSIC AIDS TO STATUTORY INTERPRETATION
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x
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a) The long title of the statute, e.g. _________ ___________ _____ ______
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Human Rights Act 1998
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b) Interpretation sections which explciitly define words, e.g. how the Theft Act defines ______
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property
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.
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X
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INLFUENCES ON STATUTORY INTERPRETATION
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X
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1. HRA 1998
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x
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Courts must interpret legislation in a way that is ____ with ECHR. If it's incompatible, they must make a statement of incompatibility.
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compatible
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.
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x
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2. EU Law
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x
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UK laws had to interpret domestic law in a way compatible with EU ____.
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directives
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Additionally, under the EU, UK courts increasingly adopted the _____ approach.
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purposive
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