ACCA LW · Chapter 1 · Question 6 of 10
A judge interprets a statutory provision by asking what problem the Act was passed to remedy, following the approach in Heydon's Case. Which rule of interpretation is being applied?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) The mischief rule
Explanation
The mischief rule, derived from Heydon's Case, directs the court to consider the common law before the Act, the defect (mischief) the Act was meant to cure and the remedy Parliament provided. The literal rule gives words their plain meaning, while the golden rule departs from the literal meaning only to avoid an absurd result. Ejusdem generis is a linguistic rule about general words following specific ones.
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