What is the main purpose of the mischief rule of statutory interpretation?
Correct answer: B. To identify and remedy the defect targeted by the statute
- A. To give every statutory word its ordinary meaning
- B. To identify and remedy the defect targeted by the statute
- C. To prevent courts from considering earlier legal rules
- D. To interpret legislation only according to dictionary definitions
Explanation
The mischief rule asks what defect in the previous law Parliament intended to correct. Courts then interpret the provision in a way that suppresses that defect and advances the remedy.
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Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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