SQE1 sample questions

Question 49

To progress a case before the court, the correct interpretation of a section in a statute is required and the judge considers his options under the rules of statutory interpretation. He decides to use the mischief rule.

Which of the following best describes how the judge will use the mischief rule in interpreting the statute?

A. He will consider the defect in common law which caused Parliament to pass the statute.

B. He will select an interpretation of the statute which addresses any initial absurdity

C. He will refer to the record kept by parliamentary drafters who worked on the statute.

D. He will give to the words of the statute their ordinary and grammatical meaning.

E. He will make use of an academic textbook as an external aid to interpretation.


A - He will consider the defect in common law which caused Parliament to pass the statute.


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