The mischief rule asks which question?
Answer and explanation
Correct answer: B. What was the problem the previous law failed to address and how does the statute remedy it
- Step 1: Heydon's Case sets the mischief rule.
- Step 2: The court construes the Act to suppress the mischief and advance the remedy.
Answer
What was the problem the previous law failed to address and how does the statute remedy it.
Why not the others: That is closer to the literal rule; a justice test is not the rule; public opinion is irrelevant.
Practise more Legal system, courts and statutory interpretation.
Free questions with an explanation for every one, and full timed SQE1 (Solicitors Qualifying Examination) mock tests.
More Legal system, courts and statutory interpretation questions
- Which court hears the great majority of civil money claims below £100,000 in England and Wales?
- The Court of Appeal (Civil Division) is generally bound by which earlier decisions?
- What is the position of the Supreme Court regarding its own earlier decisions?
- In the doctrine of precedent, what is the ratio decidendi of a case?
- Under the literal rule of statutory interpretation, how does a court read words in a statute?
- A statute seems ambiguous. Counsel wants to refer to a minister's statement to Parliament. Under Pepper v Hart, when may the court consult i…