Statutory Interpretation (VCE SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Statutory interpretation definition
Statutory interpretation definition
Judges clarifying unclear words in Acts of Parliament
Do judges change statute wording through interpretation?
Do judges change statute wording through interpretation?
No, only provide authoritative statements on meaning
What is precedent?
What is precedent?
Principle from a case courts follow in later similar cases
Two types of precedent
Two types of precedent
Binding (must follow) & persuasive (should consider)
Two main categories of reasons for interpretation
Two main categories of reasons for interpretation
Drafting problems & application problems
Deing v Tarola - studded belt as regulated weapon?
Deing v Tarola - studded belt as regulated weapon?
No, weapons are items commonly used only as weapons
Define 'abrogate'
Define 'abrogate'
To abolish or cancel a law
Effect when superior courts interpret legislation
Effect when superior courts interpret legislation
Creates binding precedent for future similar cases
Can interpretation restrict or expand legislation scope?
Can interpretation restrict or expand legislation scope?
Yes, courts can narrow or broaden meaning through interpretation
Lansell House case - Mini Ciabatte classification for GST
Lansell House case - Mini Ciabatte classification for GST
Cracker (subject to GST), not bread (GST-free)