Practice free →
HomeCS ExecutivejurisprudenceInterpretation of Statutes › In *Heydon's Case* (1584), the Barons of the Exc…

In *Heydon's Case* (1584), the Barons of the Exchequer set out four things which must be discerned and considered for the 'sure and true interpretation' of statutes. Which of the following is NOT one of the four?

Answer & Solution
Correct answer: D.
1. ***Heydon's Case* (1584) [76 ER 637]** lays down the classical mischief rule. The four questions are: 2. (1) **What was the Common Law before the making of the Act**, (2) **What was the mischief and defect for which the Common Law did not provide**, (3) **What remedy Parliament had resolved and appointed to cure the disease of the Commonwealth**, and (4) **The true reason of the remedy**. 3. The fourth item is the **true reason of the remedy** — not the punishment under the new Act. Option D is the distractor. 4. Once these are answered, the judge adopts a construction that 'shall suppress the mischief and advance the remedy'. _Source: ICSI CS Executive — Lesson 3, 'The Mischief Rule or Heydon's Rule', p. 86._
Solve this in the app — CS Executive practice & 24k+ MCQs →
Related questions