Statutory Interpretation Principles
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Questions and Answers

According to the principle of stare decisis, what should judges do?

  • Only consider rulings from the Supreme Court.
  • Disregard previous rulings if they conflict with current societal values.
  • Prioritize interpretations that align with international law.
  • Adhere to precedents set in similar, earlier cases. (correct)
  • Which scenario best describes the presence of an ambiguous term in legal writing?

  • A contract clause with a defined mathematical formula to calculate payment.
  • A statute that uses specific technical jargon related to the field it regulates.
  • A regulation that references a specific date and time for compliance.
  • A law that refers to 'vehicles' without specifying if bicycles are included. (correct)
  • What was the central issue addressed in the 'Persons Case'?

  • The eligibility of women to hold public office. (correct)
  • The division of powers between the federal and provincial governments.
  • The limitations on freedom of speech during wartime.
  • The rights of indigenous peoples under the British North America Act.
  • Which of the following is NOT a recognized rule of statutory interpretation?

    <p>The examination rule (C)</p> Signup and view all the answers

    According to the plain meaning rule, how should judges interpret statutes?

    <p>Based on the everyday, literal definition of the words. (C)</p> Signup and view all the answers

    Under what circumstances does the 'golden rule' allow a judge to deviate from the literal meaning of a statute?

    <p>When adhering to the literal meaning would produce an absurd outcome. (A)</p> Signup and view all the answers

    What is the primary focus of the mischief rule in statutory interpretation?

    <p>To correct the problem the statute was designed to address. (D)</p> Signup and view all the answers

    According to the content, how should judges interpret statutes based on the 'mischief rule'?

    <p>Judges should interpret statutes to address the problem the statute was designed to remedy. (D)</p> Signup and view all the answers

    What is the meaning of the Latin phrase 'expressio unius est exclusio alterius'?

    <p>The expression of one thing implies the exclusion of another thing. (A)</p> Signup and view all the answers

    Which statement accurately defines the 'limited class rule' in statutory interpretation?

    <p>A rule that restricts a statute's application to a defined group or category. (B)</p> Signup and view all the answers

    What is the role of precedent in statutory interpretation within a legal system?

    <p>Judges must adhere to previous rulings that have interpreted similar statutes. (B)</p> Signup and view all the answers

    In the Canadian legal system, which court's decisions are considered binding on all other courts?

    <p>Decisions of the Supreme Court of Canada. (D)</p> Signup and view all the answers

    What term describes legal authority from another jurisdiction that can be used for guidance but is not legally binding?

    <p>Persuasive authority (D)</p> Signup and view all the answers

    What does 'ratio decidendi' refer to in the context of a legal case?

    <p>The primary legal reasoning or principle that forms the basis of the court's decision. (B)</p> Signup and view all the answers

    According to the content, which of the following could be considered an example of an ambiguous term in a statute?

    <p>All of the above. (D)</p> Signup and view all the answers

    Flashcards

    Stare decisis

    The principle that judges must follow earlier decisions in similar cases.

    Ambiguous term

    A term in a statute that could have multiple meanings, like 'persons'.

    The Persons Case

    It confirmed that 'persons' included women in the British North America Act.

    Exclusionary rule

    This is not a rule of statutory interpretation among the recognized rules.

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    Plain meaning rule

    Judges interpret statutes based on their literal or ordinary meaning.

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    Golden rule

    Judges interpret statutes literally unless it leads to absurd results.

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    Mischief rule

    Judges interpret statutes to address the problem the statute intended to remedy.

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    Statutory interpretation

    The process of determining the meaning of legislation.

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    Expressio unius est exclusio alterius

    The expression of one thing is the exclusion of another.

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    Limited class rule

    A rule that limits the application of a statute to a specific group or class.

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    Role of precedent

    Judges must follow earlier decisions interpreting the same or similar statutes.

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    Binding court decisions

    The Supreme Court of Canada’s decisions are binding on all other courts.

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    Persuasive authority

    Legal authority from another jurisdiction that is informative but not binding.

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    Ratio decidendi

    The legal principle or reasoning behind a judge’s decision.

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    Study Notes

    Statutory Interpretation - Key Principles and Concepts

    • Stare Decisis: Judges must follow earlier rulings in similar cases.
    • Ambiguity in Statutes: Terms like "persons" can have multiple meanings.
    • "Persons Case" (Edwards v Canada): Established that "persons" in the British North America Act included women.
    • Rules of Statutory Interpretation: Plain meaning, golden rule, mischief rule.
    • Exclusionary Rule: Not a rule of statutory interpretation.
    • Plain Meaning Rule: Interpret a statute based on its ordinary meaning.
    • Golden Rule: Interpret literally unless it leads to absurdity.
    • Mischief Rule: Interpret to address the problem the statute aimed to solve.
    • "Expressio Unius Est Exclusio Alterius": Expressing one thing implies the exclusion of others.
    • Limited Class Rule: Limits statute application to specific groups.
    • Binding Precedent: Supreme Court rulings bind all lower courts in Canada.
    • Persuasive Authority: Informative rulings from other jurisdictions, not binding.
    • Ratio Decidendi: The legal reasoning behind a judicial decision.
    • Ambiguous Terms Examples: "Spouse", "vehicle", "person" (all can have various meanings).
    • Purpose of Statutory Interpretation: Making sense of ambiguous terms within statutes.

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    Description

    Test your knowledge on the key principles and concepts of statutory interpretation. This quiz covers essential rules such as the plain meaning rule, the golden rule, and the mischief rule, as well as pivotal cases like Edwards v Canada. Perfect for law students and anyone interested in legal frameworks.

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