NOTES Interpretation of Statutes IOS201-6 1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes not be interpreted in a mechanical or rule-like fashion? Many rules of interpretation overlap and cannot be neatly compartmentalised as: the circumstances and sets of facts will differ from case to case
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process differs among states‚ but the result is dangerous‚ in that adult sanctions‚ including prison‚ now apply. In Florida‚ the transfer provisions fall into three general categories: Judicial waiver‚ Concurrent jurisdiction‚ and Statutory exclusion. Florida’s Statutory exclusion states that the State’s Attorney must file charges directly in the criminal division of the circuit court against any child who meets various age/offense criteria specified by statute (The Florida legislature‚ 2017). Florida’s
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Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ‚the Court does two things here. Translation is what happens first‚ here they decide what the word means‚ then secondly they apply the correct meaning to the situation in question and decide on the results (in terms of the intention
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men age twenty or older‚” (Hsu). This fact partially falls under the category of statutory rape. Depending on the state and its law about statutory rape‚ at a certain teen year it is allowed for a teenager to be sexually active with any age above their own. However‚ there is a possibility for a teen to be able to be sexually active with someone older with parental consent‚ but that also has an age limit to it. Statutory rape has been discussed for several years because of all the different types of
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STATUTORY CONSTRUCTION PRELIMINARY CONSIDERATIONS 1. Statutory Construction - is the art or process of discovering and expounding meaning and intention of the authors of the law‚ where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law - is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text‚ conclusions which are in the spirit‚ though not
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STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular statute. Statutes are not user friendly. They are written in technical form and not too easy to understand (ambiguity). The words used in statues may have different meanings which indicate
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7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their own case. Additionally‚ some statutes may be inherently ambiguous. • The courts have developed principles
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Statutory Rape Laws The term "statutory rape" is used when the government considers people under a certain age to be unable to give consent to sex and therefore consider sexual contact with them to be a rape. The age at which individuals are considered to give consent is called the age of consent. The age of consent can ranging from thirteen to twenty-one‚ depending on the limits set by each state in accordance with local standards of morality. Even sex that violates the age-of-consent laws
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Statutory duties Main statutory duties of a director are provided by s.132 • Where a director breaches common law duties‚ these statutory provisions impose criminal liabilities. • S.132(1) is a general provision that requires directors to act ‘honestly’ at all times and use reasonable diligence in the exercise of their powers. Any breach of fiduciary duty • Duty imposed on directors to avoid conflict of interest by not using confidential information they obtain by virtue of their position
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GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
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