English Legal System & Court Structure Flashcards

What is 'statutory interpretation'?

Answer: The process by which courts determine the meaning and application of legislation

Statutory interpretation is the process courts use to determine the meaning of words and phrases in Acts of Parliament when applying them to specific factual situations.

Which approach to statutory interpretation looks at the ordinary meaning of words?

Answer: The literal rule

The literal rule requires courts to apply the plain, ordinary, and natural meaning of words in a statute, even if the result seems absurd.

What is the 'mischief rule' of statutory interpretation?

Answer: Courts look at the problem Parliament was trying to remedy and interpret the statute to suppress that mischief

The mischief rule, from Heydon's Case (1584), requires courts to identify the mischief (problem) the statute was designed to remedy and interpret it in a way that suppresses the mischief.

What is a 'tribunal' in the English legal system?

Answer: A specialist judicial body that resolves disputes in specific areas such as employment or immigration

Tribunals are specialist adjudicative bodies that resolve disputes in specific areas of law such as employment, immigration, social security, and tax, offering a more accessible alternative to courts.

What is 'legal professional privilege'?

Answer: The right to keep communications between a lawyer and client confidential

Legal professional privilege protects confidential communications between a lawyer and their client from disclosure, ensuring clients can be frank with their legal advisers.

What is the 'golden rule' of statutory interpretation?

Answer: Courts apply the literal meaning unless it produces an absurd result, in which case they modify it

The golden rule modifies the literal rule by allowing courts to depart from the plain meaning of words where applying that meaning would produce an absurd or repugnant result.