Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Statutory Interpretation
Evaluating the Mischief Rule
- 2 things to know
- All three papers
Overview
Recall questions on how the mischief rule serves legislative purpose, allows flexibility, produces just outcomes and uses historical context, and on the difficulty of identifying the mischief, judicial law-making and uncertainty.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
How might the mischief rule undermine parliamentary sovereignty?
Questions from this subtopic
Each one with the model answer underneath.
- 1
How does the mischief rule promote legislative purpose?
Model answer
By focusing on the defect Parliament intended to remedy, it ensures interpretation serves the statute's underlying aim.
- 2
Why does the mischief rule allow flexibility?
Model answer
It enables judges to deal with situations not expressly covered by applying the statute to suppress the identified mischief.
- 3
How can the mischief rule produce just outcomes?
Model answer
By interpreting statutes to achieve their remedial purpose rather than applying words that defeat that purpose.
- 4
How does the mischief rule consider historical context?
Model answer
It requires examining the state of the law before the Act to understand what defect Parliament sought to remedy.
- 5
Why is difficulty identifying the mischief a disadvantage of the mischief rule?
Model answer
Historical records may be incomplete or unclear about what specific defect Parliament intended to address.
- 6
How does the mischief rule create a risk of judicial law-making?
Model answer
Judges may effectively create new law by broadly interpreting statutes to cover situations Parliament did not contemplate.
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