ExpertMedium2 marksMultiple Choice
ACCA · Question 02 · Essential elements of the legal system
A judge is interpreting a 19th-century statute regarding 'carriages on the highway' to determine if it applies to modern electric hoverboards. The judge looks at the original problem Parliament intended to solve (preventing pedestrian injuries) and applies the statute to hoverboards to solve that same problem.
Which rule of statutory interpretation is the judge applying?
A judge is interpreting a 19th-century statute regarding 'carriages on the highway' to determine if it applies to modern electric hoverboards. The judge looks at the original problem Parliament intended to solve (preventing pedestrian injuries) and applies the statute to hoverboards to solve that same problem.
Which rule of statutory interpretation is the judge applying?
Answer options:
A.
The literal rule.
B.
The golden rule.
C.
The mischief rule.
D.
The purposive approach.
How to approach this question
Recognize the keywords 'original problem Parliament intended to solve' which directly points to the mischief rule.
Full Answer
C.The mischief rule.✓ Correct
The mischief rule requires the court to look at what the law was before the statute was passed, identify the 'mischief' or defect the statute was intended to remedy, and interpret the statute in a way that suppresses the mischief.
Common mistakes
Confusing the mischief rule with the purposive approach. The mischief rule is a more traditional, specific application of looking at the historical problem.
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