stud
bud
Sign up
Log in
Home
Library
Explore
SAT
More
Statutory Interpretation Class Quiz (Intermediate)) Flashcards | StudBud
Explore
/
Statutory Interpretation Class Quiz (Intermediate))
Statutory Interpretation Class Quiz (Intermediate))
25 terms
·
StudBud Administration
·
22 plays
Let this quiz inspire your own quiz for formative assessment.
Flashcards
25 cards
F
Practice quiz
P
Host live
L
Questions
25
Answers
1
Royal College of Nursing v Department of Health and Social Security was a unanimous decision.
True
False
2
The golden rule is to substitute a _____________ meaning if the literal rule leads to absurdity.
correct
reasonable
plausible
difficult
3
In RvA,Lord Steyn said that the interpretive obligation of S.3 is so strong that it applies even without any ambiguity.
True
False
4
S.3 of HRA 1998 is applicable to _______ legislation.
tertiary
subordinate
primary
primary and subordinate
5
The rules of statutory interpretation is meant to be treated as _____________, not railway lines.
mandates
rules
train of thought
guidelines
6
The use of Hansard is useful to..
save judicial time
understand the meaning behind certain ambiguous expression in a statute
shed light on Parliament's intention
7
Lord Denning thought that the purposive approach best allowed the judiciary to carry out Parliament's intention.
True
False
8
Which of the following is statutory interpretation NOT about?
Judges figuring out what the Parliament meant
Hostile takeover of the legislative function by the Judiciary
Judges solving a problem following the clues of the Parliament
Judiciary stretching the words of a statute to fit the current situation
9
Both literal&golden rule requires strict adherence to the intention of the Parliament, and obedience to Parliament's..
supremacy
ideas.
sovereignty
mood
10
Judges have to follow rigidly the rules of statutory interpretation, working through them in a systematic manner.
False
True
11
What is the most "reliable" way of interpreting a statute according to Justice Learned Hand?
purposive
literal
trial and error
mischief
12
The Parliament has almost always amended an offending legislation declared to be incompatible by the judiciary under s4.
False
True
13
What tools do judges use to decipher the meaning of an Act of Parliament?
Law Commissions' Report
Malaysia's Constitution
Hansard
Rules of punctuation marks
14
The House of Lords granted a declaration of incompatibility in this case.
Bellinger v Bellinger
R v A
Royal College of Nursing
Pepper v Hart
15
Fisher v Bell illustrates the ridiculousness of the literal rule
True
False
16
In Quintavalle, Lord Bingham said that the pendulum has swung towards ________ methods of construction.
purposive
golden
literal
mischief
17
S.3 of HRA 1998 requires the legislation to be interpreted in a way that is ___________ with the ECHR.
common
complementary
compatible
consistent
18
The House of Lords granted a declaration of incompatibility in the case of Ghaidan v Godin-Mendoza
True
False
19
The best rule of statutory interpretation is...
The purposive approach
The literal rule
Whichever one that gets the job done
The golden rule
20
A Declaration of Incompatibiliy is made under S.__ of the HRA 1998
3
4
10
6
21
Lord Denning first proposed the purposive interpretation because of his ambition to be the speaker of the Parliament
False
True
22
The literal rule means
To unlock the meaning behind the punctuation marks
The most appropriate rules at all times
Judges not questioning the supremacy the Parliament
Giving the words in a statute its ordinary and natural meaning
23
The Parliament has a duty to amend an offending legislation declared to be incompatible by the judiciary under s.4 HRA.
False
True
24
The HOL in Magor & St Mellons described Denning's approach as a naked usurpation of the _____ function.
judicial
legislative
interpretive
interpretative
25
Under the HRA, the judges have developed the following techniques
Reading Down
Reading Aloud
Reading In
Reading Out
