CS Executive Jurisprudence, Interpretation and General Laws Syllabus

What is the difference between 'reversing' and 'overruling' a decision?

Reversing is when an appellate court sets aside the decision of a lower court in the same case; overruling is when a court declares a principle in a different (earlier) case to be wrong.

What is 'Custom' as a source of law?

Custom is a uniform habit or practice followed by people from time immemorial which, by common consent, acquires the force of law.

What are the essential requirements (tests) for a valid custom?

Antiquity (immemorial), continuity, reasonableness, certainty, conformity with statute law, peaceable enjoyment, and obligatory force (not optional).

Distinguish between Legal Custom and Conventional Custom.

Legal custom has the force of law and is binding irrespective of agreement; conventional custom (usage) operates only through incorporation into a contract by agreement between parties.

What is the difference between 'Custom' and 'Usage'?

A custom is binding as law in itself and is immemorial; a usage is a practice followed in a trade or locality that becomes binding only when adopted by the parties to a transaction.

What is 'Interpretation' of statutes?

Interpretation is the process by which courts determine the true meaning and intention of the legislature as expressed in the words of a statute.

What is the difference between 'Interpretation' and 'Construction'?

Interpretation determines the literal/true sense of the words used; construction draws conclusions about subjects beyond the direct expression of the text where the language is ambiguous.

What is the 'Literal Rule' (Grammatical Rule) of interpretation?

Words of a statute must be given their ordinary, plain, natural and grammatical meaning when the language is clear and unambiguous, even if the result seems harsh.

What is the 'Golden Rule' of interpretation?

A modification of the literal rule: words are given their ordinary meaning unless this leads to absurdity, inconsistency or repugnance, in which case the meaning may be modified to avoid that result.

What is the 'Mischief Rule' (Heydon's Case rule) of interpretation?

The court looks at the law before the Act, the mischief/defect the Act intended to remedy, the remedy provided, and the true reason for the remedy - then construes the statute to suppress the mischief and advance the remedy.

What are the four questions laid down in Heydon's Case (1584)?

(1) What was the common law before the Act? (2) What was the mischief/defect not provided for? (3) What remedy did Parliament resolve? (4) The true reason of the remedy - to suppress the mischief and advance the remedy.

What is the 'Rule of Harmonious Construction'?

When two provisions of a statute conflict, they should be interpreted so that both are given effect and neither is rendered redundant; the provisions must be read together harmoniously.

What does the maxim 'Noscitur a Sociis' mean in interpretation?

'A word is known by the company it keeps' - the meaning of a doubtful word may be ascertained by reference to the words associated with it.

What does the rule of 'Ejusdem Generis' mean?

'Of the same kind' - where general words follow specific words of a particular class, the general words are construed to include only things of the same kind as the specific words.

What is the difference between Internal Aids and External Aids to interpretation?

Internal aids are found within the statute itself (title, preamble, headings, definitions, provisos, schedules); external aids are outside the statute (dictionaries, parliamentary history, related statutes, case law).

List the main internal aids to interpretation of a statute.

Long and short title, preamble, headings, marginal notes, definition/interpretation clauses, illustrations, provisos, explanations, schedules, and punctuation.

List the main external aids to interpretation of a statute.

Parliamentary history (debates, statement of objects and reasons), dictionaries, foreign decisions, contemporanea expositio, statutes in pari materia, and reports of committees/commissions.

What is the function of a 'Preamble' as an aid to interpretation?

The preamble states the object, scope and purpose of an Act and may be used to interpret ambiguous provisions, though it cannot override clear enacting words.

What is the role of a 'Proviso' in a statute?

A proviso carves out an exception to the main enactment; it qualifies or restricts the operation of the principal provision to which it is attached.

What is the function of an 'Explanation' in a statute?

An explanation clarifies or elaborates the meaning of a provision, removes doubts, and harmonises the provision with the object of the Act; it does not enlarge or restrict the provision unless intended.

What is meant by 'Presumptions' in interpretation of statutes?

Presumptions are assumptions courts make about legislative intent unless the contrary is shown, e.g., that the legislature does not intend absurdity or injustice.

State the key presumptions used in statutory interpretation.

Statutes are presumed to be constitutional, prospective (not retrospective), not to oust court jurisdiction, not to be in conflict with international law, not to make changes beyond their intent, and not intended to cause injustice or absurdity.

What is the presumption against retrospective operation of statutes?

A statute is presumed to operate prospectively; it does not affect past transactions or vested rights unless retrospective effect is expressly stated or necessarily implied (penal statutes are never retrospective).

What is the difference between a 'Mandatory' and a 'Directory' provision?

A mandatory provision must be strictly complied with and non-compliance invalidates the act; a directory provision is advisory, and substantial compliance suffices without invalidating the act.

What is the difference between a 'Definition' that is inclusive ('includes') and one that is restrictive ('means')?

'Means' gives an exhaustive/restrictive definition limited to what is stated; 'includes' is extensive, enlarging the ordinary meaning to also cover the stated items.

What is a 'deeming provision' (legal fiction) in interpretation?

A deeming provision uses the word 'deemed' to treat something as what it is not in reality; the legal fiction must be carried to its logical conclusion for the purpose for which it is created.

What is the general rule of construction for penal (criminal) statutes?

Penal statutes are construed strictly in favour of the accused; if two reasonable interpretations exist, the one favourable to the subject is adopted.

How are taxing (fiscal) statutes generally construed?

Taxing statutes are construed strictly; there is no equity in tax law - the subject is taxed only if clearly within the letter of the law, otherwise the benefit goes to the taxpayer.

What does the maxim 'Expressio unius est exclusio alterius' mean?

'The express mention of one thing implies the exclusion of another' - when a statute specifies certain things, things not specified are taken to be excluded.

What is meant by 'Powers and Functions' in the context of authorities under law?

Powers are the legal authority/capacity conferred on a body or officer to act, while functions are the duties and activities they are required to perform; an authority can act only within the powers (intra vires) granted to it.

What is the doctrine of 'Ultra Vires' in relation to powers and functions?

'Beyond powers' - any act done by an authority exceeding the powers conferred on it by law is void and unenforceable; acts within conferred powers are 'intra vires' and valid.