Interpretation of Statutes Questions and Answers Part-5

1. What is them is chief rule?
a) In interpreting statutes, judges should look at the ‘mischief’ which the Act was passed to prevent
b) There must be no mischief in court
c) In interpreting statutes, judges should interpret the words literally
d) In interpreting statutes, judges should interpret the words as they see fit

Answer: a

2. What is the rule in Pepperv Hart?
a) Judges can refer to newspapers when interpreting statutes
b) Judges can refer to other judges when interpreting statutes
c) Judges can refer to Hansard when interpreting statutes
d) Judges cannot refer to any external aid when interpreting statutes

Answer: c

3. What is delegated legislation?
a) A decision of the courts
b) An Act of Parliament
c) Law made by a delegation
d) Law made by a person or body to whom Parliament has delegated power

Answer: d

4.Which of these is a disadvantage of delegated legislation?
a) It is quick to produce
b) It can be flexible
c) It raises issues of accountability
d) It can be made by reference to special is knowledge

Answer: c

5. A statute may be interpreted by judges by using different rules. Which of the following is not a rule of interpretation?
a) Golden Rule.
b) Literal Rule
c) Mischief Rule.
d) General Rule.

Answer: d

6.Which of the following statements is a definition of the phase 'ratio decidendi'?
a) The verdict
b) The material facts
c) A hypothetical situation
d) The legal reason for reaching a decision

Answer: d

7. Which of the following statements is correct?.
a) The Supreme Court is bound by its own previous cases
b) The House of Lords is the highest court of appeal in England and Wales
c) There are no appeals from decisions of the Court of Appeal
d) A principle of law set down in a case may be overruled by statute

Answer: a

8.Which of the following is the most accurate description of the Golden Rule of Interpretation.
a) Justice must be served
b) Literal meaning must always be adopted without fail
c) Context must be understood properly
d) All of the above

Answer: c

9.Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited was in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned about the amalgamation. One of the grounds of attack against the scheme was the absence of approval of the central government as required under S.23 of the Monopolies and Restrictive Trade Practices Act, 1969. That, however, was deleted in 1991. The Supreme Court stated that it is significant to take into account the mischief that was sought to be cured through the amendment of the statute. Accordingly, the court held that once the said section has been deleted from the statute book, the requirement of prior approval of the Central Government cannot be brought back through the backdoor. The Supreme Court was applying what rule of interpretation?
a) Deletion Rule
b) Mischief Rule
c) Literal Rule
d) Ejusdem Generis

Answer: b

10. Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm animal’, the general language ‘or any other farm animal’ — despite its seeming breadth — would probably be held to include only four-legged, hoofed mammals typically found on farms, and thus would exclude chickens. This is an example of which rule of interpretation?
a) Ejusdem Generis
b) noscitur a sociis
c) Literal Rule
d) Both a) and b)

Answer: c