Summary
Summary P8 UNIT 23
- Institution
- Pearson (PEARSON)
Summary of 2 pages for the course Unit 23 - Aspects of the Legal System and Law-making Process at PEARSON (P8 UNIT 23)
[Show more]
Content preview
Courtney LowesUnit 23
P8
Literal rule This is the main rule that judges will usually
use, it means that they will apply a word its
ordinary meaning that it has within the
dictionary.
LNER v Berriman – A worker had died whilst
he was carrying out a maintenance routine
check on the railway line whilst he was at
work. The literal rule was applied in this
case and his wife got compensation but
only for relaying and repairing.
Whitley v Chappell – A person had tried to
vote pretending to be another person who
was on the voter list, however the person
was deceased. The defendant was
therefore found not guilty as you cannot
impersonate a person who is dead as they
cannot vote.
Golden rule This is when they will look at the literal
meaning but the court can avoid the
interpretation if it would lead to absurd
results in the case on hand.
Re sigsworth – A son had murdered his
mother but she had not left a will when she
had died. In ordinary circumstances it would
mean that any property and money she had
would be left to the next of kin. However the
court applied the golden rule in the situation
so that the son would not inherit the money.
R v Allen – Mr Allen who was the defendant
was found guilty under the offences against
the person act as he married when his
partner was still alive and they did not get a
divorce. The golden rule was applied so that
marry was meaning carrying out a
ceremony.
Mischief Rule The judge would have more discretion if
they were using this rule; the court would
have to look into the law before the act was
passed to see if they could find a gap that
the act intended to cover.
Smith v Hughes – Women were standing on
their balconies and were trying to get the
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller clowes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now