LAW 1501 Lecture Notes - Lecture 5: Mischief Rule, Statutory Interpretation, Plain Meaning Rule
WEEK 4 PRE-LECTURE VIDEOS
1) Statutory Interpretation-
Statutes include- Number, table of contents, title of act, short title, commencement,
definitions, notes
Language not necessarily precise and often ambiguous
Semantic ambiguity- What do they mean by an actual word e.g. gay
Sintactic ambiguity- The way words or phrases are included in a sentence
Golden rule- When the literal rule does not provide the intended interpretation
Mischief rule- Asks ‘what was the mischief that the parliament was trying to
remedy’ by including this act of parliament
Ejusdem Generis- General words limited to the same kind as particular words and
only works in some circumstances. If there’s only one specific term followed by a
general term and if the two terms having nothing in common Ejusdem Generis does
not apply
Expressio Unius Est Alterius- The express mention of something may draw
attention the absence of something else e.g. bank accounts may be opened by
someone 18 years or older, so it draws attention to the fact that those 18 years and
older can open bank accounts and also draws attention to the fact that those under
that age cannot
Generalia Specilibus non Derogant- Specific provisions of a statute prevail over
general provisions
2) Purposive Approach to Interpretation-
Modern approach adopted by all Australian parliaments- Statutory interpretation is
generally literal unless the gramatical meaning does not give effect to the purpose
of the act
Can be used to amend drafting errors
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Melissa Sparrow (a1668063)
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