Legal System of England and Wales
A justice of the Court of Appeal decides that a statute should mean what it says and be applied literally to the case at hand.
In what circumstances would it be appropriate for the justice to use such a literal approach?
A justice of the Court of Appeal decides that a statute should mean what it says and be applied literally to the case at hand.
In what circumstances would it be appropriate for the justice to use such a literal approach?
When there is no ambiguity in the words of the statute.
D) A judge should apply the literal approach when there is no ambiguity in the words of the statute, and doing so will not lead to an absurd result.
(A) is incorrect because the standard in (D) applies; it is not up to the justice's discretion.
Neither would the parties get a say in how the law applies, (B) is incorrect.
(C) and (E) are incorrect because where there is any ambiguity or absurdity, the judge will consider the intention behind the words or see what mischief was to be remedied.
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