Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
41 Cards in this Set
- Front
- Back
|
statutory interpretation |
the action of a court in trying to understanding and explaining a piece of legislation |
|
|
secondary legislation |
delegated legislation |
|
|
intention |
aim/plan |
|
|
remedy |
to set (an undesirable situation) right |
|
|
implement |
to put ( a decision, plan, agreement) into effect |
|
|
Commonwealth |
public wealth, general good or advantage |
|
|
construction |
building of something |
|
|
pro bono publico |
for the public good |
|
|
purposive approach |
approach to statutory/ constitutional interpretation under which common law courts interpret an enactment |
|
|
determine |
to ascertain/establish exactly |
|
|
presumed |
suppose that something is the case on the basis of probability |
|
|
vested |
secured in the possession of or assigned to a person |
|
|
oust |
deprive or exclude someone from possession of something |
|
|
Substantive law
|
defines rights and duties
|
|
|
Procedural law
|
comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings
|
|
|
Intrinsic (Internal) Aids to Statutory Interpretation |
Found within the statute which helps understand the meaning of statute more clearly (Long title,explanatory notes, rules of language) |
|
|
Preamble |
Introductory part of a statute or deed stating purpose, aims, justification |
|
|
schedules |
appendix to a formal document or statute |
|
|
Extrinsic (External) Aids to Statutory Interpretation |
Found outside of the actual statute which helps understand the meaning of statute more clearly (dictionaries, textbook, academic writings) |
|
|
Ordinary meaning rule |
is a principle of statutory interpretation that when a word is not defined in a statute or other legal instrument, the court normally construes it in accordance with its ordinary or natural meaning.
|
|
|
Plain meaning rule |
also known as the literal rule, is one of threerules of statutory construction traditionally applied by English courts.
|
|
|
Enacted |
make (a bill or other proposal) law.
|
|
|
Legislative |
having the power to make laws.
|
|
|
Legislature |
the legislative body of a country or state.
|
|
|
Black letter of the law |
A principle of law so notorious and entrenched that it is commonly known and rarely disputed. A basic, settled tenet of law, notorious and well known.
|
|
|
Dominant |
having power and influence over others.
|
|
|
British rule |
is a form of statutory construction traditionally applied by English courts.
|
|
|
Circumvented |
find a way around (an obstacle).
|
|
|
Inconsistency |
the fact or state of being inconsistent.
|
|
|
Prohibited |
that has been forbidden; banned.
|
|
|
Defendant |
an individual, company, or institution sued or accused in a court of law.
|
|
|
Charged |
To impose a duty, responsibility, or obligation
|
|
|
Bigamy |
the offence of marrying someone while already married to another person.
|
|
|
Offence |
a breach of a law or rule; an illegal act
|
|
|
apply |
make use of something or use it for a practical purpose |
|
|
curb |
a limit |
|
|
anticipate |
to expect that something would happen; prepare for something you think will happen |
|
|
draftsmen |
someone who writes legal documents |
|
|
misinterpretation |
to form an understanding that is not correct of something that is said or done: |
|
|
conflicting interests |
the situation in which a public official or fiduciary contrary tothe benefit of the public or a designated individual |
|
|
ambiguity |
the fact of something having more than one possible meaning and therefore possibly causing confusion:聊天對話結束 |
