Podcast
Questions and Answers
According to the principle of stare decisis, what should judges do?
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?
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'?
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?
Which of the following is NOT a recognized rule of statutory interpretation?
According to the plain meaning rule, how should judges interpret statutes?
According to the plain meaning rule, how should judges interpret statutes?
Under what circumstances does the 'golden rule' allow a judge to deviate from the literal meaning of a statute?
Under what circumstances does the 'golden rule' allow a judge to deviate from the literal meaning of a statute?
What is the primary focus of the mischief rule in statutory interpretation?
What is the primary focus of the mischief rule in statutory interpretation?
According to the content, how should judges interpret statutes based on the 'mischief rule'?
According to the content, how should judges interpret statutes based on the 'mischief rule'?
What is the meaning of the Latin phrase 'expressio unius est exclusio alterius'?
What is the meaning of the Latin phrase 'expressio unius est exclusio alterius'?
Which statement accurately defines the 'limited class rule' in statutory interpretation?
Which statement accurately defines the 'limited class rule' in statutory interpretation?
What is the role of precedent in statutory interpretation within a legal system?
What is the role of precedent in statutory interpretation within a legal system?
In the Canadian legal system, which court's decisions are considered binding on all other courts?
In the Canadian legal system, which court's decisions are considered binding on all other courts?
What term describes legal authority from another jurisdiction that can be used for guidance but is not legally binding?
What term describes legal authority from another jurisdiction that can be used for guidance but is not legally binding?
What does 'ratio decidendi' refer to in the context of a legal case?
What does 'ratio decidendi' refer to in the context of a legal case?
According to the content, which of the following could be considered an example of an ambiguous term in a statute?
According to the content, which of the following could be considered an example of an ambiguous term in a statute?
Flashcards
Stare decisis
Stare decisis
The principle that judges must follow earlier decisions in similar cases.
Ambiguous term
Ambiguous term
A term in a statute that could have multiple meanings, like 'persons'.
The Persons Case
The Persons Case
It confirmed that 'persons' included women in the British North America Act.
Exclusionary rule
Exclusionary rule
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Plain meaning rule
Plain meaning rule
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Golden rule
Golden rule
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Mischief rule
Mischief rule
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Statutory interpretation
Statutory interpretation
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Expressio unius est exclusio alterius
Expressio unius est exclusio alterius
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Limited class rule
Limited class rule
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Role of precedent
Role of precedent
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Binding court decisions
Binding court decisions
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Persuasive authority
Persuasive authority
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Ratio decidendi
Ratio decidendi
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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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