Deck 4: From Reading to Writing

Question 1

As established in the case of Brutus v Cozens [1973] AC 854, a word in a statute is given its ordinary, everyday meaning unless it has been given a special or technical meaning in the Act. The meaning of such words is a matter of fact rather than a matter of law.

Answer 1

True

Question 2

Legal disputes are resolved by the court's deciding what has happened and then determining the legal effect of those facts. Courts must therefore make decisions (rulings) on what constitutes the facts and what is the law in each case. This means that the judges and the lawyers must be clear about which matters are questions of fact - established by evidence - and which are questions of law - established by legal argument.
For example, for a person to be guilty of theft, the court must decide whether the accused has dishonestly taken ('appropriated', in technical jargon) the property of another with the intention to deprive the other permanently of that property. But which of these elements involves a question of fact and which is a question of law? And are any of them capable of being mixed questions of fact and law?
Read the following statements and decide which are correct and which are not (select all that apply).
Note: this is quite a difficult question to answer intuitively, but have a go, because it will help you to see how the distinction operates in practice.

A) Whether or not there has been an 'appropriation' is a mixed question of fact and law.
B) Whether the appropriation was dishonest is a question of fact.
C) Whether or not the thing appropriated is 'property' is a question of law.
D) Whether or not the property 'belongs to another' is a question of law.

Answer 2

A, B, C

Question 3

Facts may be relevant or irrelevant and admissible or inadmissible in a case. Complete each of the following.

Answer 3

a. A fact will be relevant in a case… = if it enables the court to reach a conclusion on any of the issues that are before it.
b. A fact will be admissible in a case… = if it falls within the category of evidence that is both pertinent and considered by the court to be sufficiently reliable.

Question 4

Those facts that are at issue in a case and which will form the basis of the judge's decision are usually called ______ facts.

Question 5

The burden of proof places the responsibility for establishing a fact on its _______.

Question 6

Match the standard of proof that must be established in each case.
-Criminal case.

A) The court requires proof 'beyond reasonable doubt'.
B) The court requires proof 'on the balance of probabilities'.

Question 7

Match the standard of proof that must be established in each case.
-Civil case.

A) The court requires proof 'beyond reasonable doubt'.
B) The court requires proof 'on the balance of probabilities'.

Question 8

Briefly explain how the flexibility of language can prove difficult in the legal context.

Question 9

Match each of Knapp's A-C linguistic groups with its definition.
-Knapp's group A linguistic subset.

A) Words used only in general language.
B) Words used only in legal language.
C) Words that are common to both legal and general English.

Question 10

Match each of Knapp's A-C linguistic groups with its definition.
-Knapp's group B linguistic subset.

A) Words used only in general language.
B) Words used only in legal language.
C) Words that are common to both legal and general English.

Question 11

Match each of Knapp's A-C linguistic groups with its definition.
-Knapp's group C linguistic subset.

A) Words used only in general language.
B) Words used only in legal language.
C) Words that are common to both legal and general English.

Question 12

One of the principal difficulties that lawyers have in interpreting the law is to understand the ______ of the words used.

Question 13

Another principal difficulty that lawyers have in interpreting the law is to overcome the ______ or grammatical ambiguities of the law.

Question 14

If section 2 of an Act states that a person may be charged with possession of a deadly weapon if that person is found to be in possession of a knife and the knife blade is at least three inches in length, then a person found in possession of a two-and-a-half-inch knife may not be charged with possession of a deadly weapon under that section.

Question 15

Depending on the legislative context, it is sometimes possible that, when reading a statute, it is necessary to read the word 'and' as meaning 'or', and 'or' as meaning 'and'.

Question 16

Legal argument in based firstly on ________ and secondly on its justification.

Question 17

In legal argument, justification may be consequential or based on Summers' 'rightness reasons'. Match each form of justification with its definition.

Question 18

The outcome of any legal case is most likely to be determined by what Karl Llewellyn has termed the 'judicial style' of the judge. Discuss (750 words maximum).