intrinsic and extrinsic aids

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  • Created by: chlozilla
  • Created on: 17-05-17 16:24
describe the interpretation act 1978
it has limited importance, and can refer to 'he' as well as 'she'
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describe historical setting as an external aid and an example
uses the language of the time the act was drafted. i.e. Cheeseman V DPP
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describe the use of dictionaries as an external, aid
finds the literal meanings of words i.e. 'passengers' in cheeseman v DPP
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describe reports as an external aid
law reform bodies produce reports on the application of the law
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describe case law as a external aid
previous case law can set precedent to infer meanings for futue/current cases. i.e. R v Brown overruled R v Donovan
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describe other acts as an external aid
acts on similar topics cam be used to interpret the application of a similar act
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describe the human rights act 1998 as an external aid
this act means that judges zre required to follow EU rights and the EU court of human rights
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describe Hansard as an external aid
where the report of what was said in parliament when the bill was debated, can only be used when words are ambiguous and was first used in peper v hart 1993
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describe the presumptions of extrinsic aids
legislation cannot be applied retrospectively, mens rea is needed i.e. sweet v parsley
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describe the long and short title
short title is brief, long title is in more depth. short title example, Law Of Property Act 1925
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describe a preamble as an intrinsic aid
a long introductory section explaining the purpose of the act
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describe marginal notes as an intrinsic aid
explaisn the words, phrases or sections and is inserted by draftsmen
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describe the sechedules as an intrinsic aid
allows easier intepretation and application of content
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describe the interpretation section as an intrinsic aid
expalins how words or phrases should be interpreted
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Card 2

Front

describe historical setting as an external aid and an example

Back

uses the language of the time the act was drafted. i.e. Cheeseman V DPP

Card 3

Front

describe the use of dictionaries as an external, aid

Back

Preview of the front of card 3

Card 4

Front

describe reports as an external aid

Back

Preview of the front of card 4

Card 5

Front

describe case law as a external aid

Back

Preview of the front of card 5
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