Chapter 4: Using Legislation

Test Bank

Type: multiple choice question

Title: Chapter 04 Question 01

1) On which ONE of the following occasions may the courts refer to Hansard as an extrinsic aid to interpretation?

a. Always. The words in debate are equally as valid as those in the Act itself.

b. When the legislation is ambiguous or obscure, but there are clear comments from Members of Parliament (MPs) in Hansard.

c. When the wording of the legislation leads to absurdity, but Hansard contains clear comments from the Minister promoting the Bill.

d. Never. The courts may only use the actual words of the Act as enacted by Parliament.

Type: multiple response question

Title: Chapter 04 Question 02

2) Which of the following presumptions are valid as aids to the interpretation of legislation? Please select all that apply.

Feedback: The statute does not intend to deprive a person of his or her liberty and the courts have no power to review the legality of the statute. But statutes do not generally operate retrospectively and the statute does not bind the Crown.

Section reference: 4.3.1.7

a. The statute does not intend to deprive a person of his or her liberty.

b. Statutes operate retrospectively.

c. The courts have no power to review the legality of the statute.

d. The Crown is bound by the statute.

Type: multiple choice question

Title: Chapter 04 Question 03

3) Which of the following cases is an example of use of the golden rule?

a. Re Sigsworth [1935] Ch 89 (DC).

b. Heydon’s case (1584) 3 Co Rep 7a.

c. Sussex Peerage case (1844) 1 Cl & Fin 85.

d. Corkery v. Carpenter [1951] 1 KB 102 (DC).

Type: multiple choice question

Title: Chapter 04 Question 04

4) Which rule of language means that words in a statute derive meaning from the words surrounding them?

a. Noscitur a sociis.

b. Ejusdem generis.

c. Expressio unius est exclusio alterius.

d. Per incuriam.

Type: multiple choice question

Title: Chapter 04 Question 05

5) Which ONE of the following rules of interpretation involves an examination of the former law in an attempt to ascertain Parliament’s intention?

The golden rule provides that words must be given their plain, ordinary and literal meaning as far as possible. The purposive approach considers the general purpose of the legislation.

a. The literal rule.

b. The golden rule.

c. The mischief rule.

d. The purposive approach.

Type: fill-in-blank

Title: Chapter 04 Question 06

6) The ______ approach requires consideration of the spirit as well as the purpose of the legislation.

Feedback: The teleological approach is particularly important when considering EU law.

Section reference: 4.3.1.5

a. teleological

Type: true-false

Title: Chapter 04 Question 07

7) ‘Section 3(1) of the Human Rights Act 1998 requires courts to read legislation in a way that is compatible with Convention rights.’ Is this statement true or false?

a. True

b. False

Type: true-false

Title: Chapter 04 Question 08

8) ‘Section 2(4) of the European Communities Act 1972 required courts to read legislation in a way that is compatible with applicable European law.’ Is this statement true or false?

a. True

b. False

Type: true-false

Title: Chapter 04 Question 09

9) ‘Headings and marginal notes are not part of an Act of Parliament.’ Is this statement true or false?

a. True

b. False

Type: fill-in-blank

Title: Chapter 04 Question 10

10) Punctuation is an example of an ______ aid to interpretation.

Feedback: Intrinsic aids to interpretation are found within the statute itself.

Section reference: 4.3.1.8

a. intrinsic

Type: multiple response question

Title: Chapter 04 Question 11

11) Which of the following are intrinsic aids to interpretation? Please select all that apply.

Feedback: Intrinsic aids are found within the statute itself; dictionaries and Hansard are extrinsic aids to interpretation.

Section reference: 4.3.1.8

a. Punctuation.

b. Dictionaries.

c. Long title.

d. Hansard.

Type: fill-in-blank

Title: Chapter 04 Question 12

12) The ______ is a statute that defines words commonly used within legislation.

Feedback: The Interpretation Act 1978 is an extrinsic aid to interpretation that defines words that are commonly used in legislation.

Section reference: 4.3.1.9

a. Interpretation Act 1978

Type: fill-in-blank

Title: Chapter 04 Question 13

13) The ______ approach is based upon the mischief rule and involves seeking an interpretation that gives effect to the general purpose of the law.

Feedback: The purposive approach is regarded as the predominant approach to statutory interpretation in the UK.

Section reference: 4.3.1.4

a. purposive

Type: fill-in-blank

Title: Chapter 04 Question 14

14) The mischief rule is sometimes known as the rule in ______ case.

Feedback: The mischief rule involves an examination of the former law in order to attempt to deduce Parliament’s intention. It arose in Heydon’s case.

Section reference: 4.3.1.3

a. Heydon’s

Type: true-false

Title: Chapter 04 Question 15

15) ‘Preambles to old statutes are not part of the statute itself.’ Is this statement true or false?

a. True

b. False