Using case law illustrations‚ explain how the literal rule of statutory interpretation operates and how the golden rule modifies the literal rule. Statutory interpretation is the process used by courts to interpret and apply legislation‚ although Acts of Parliament are written by expert draftsmen‚ the statute for the case before them may not be clear. Bennion (2005) has identified a number of issues that may cause uncertainty: The draftsman may refrain from using certain words as they think it
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Police and the Rule of Law Police and the Law of Rule is a key component of the Fourth Amendment which controls law enforcement officials. The Fourth Amendment contains two parts: the reasonableness clause and the warrants clause. Each clause is independent because a search can be reasonable without a warrant‚ but if a warrant is required‚ certain steps must be taken. There are 3 requirements that must be met before a warrant can be secured. There are 6 general rules for serving warrants
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To be able to thoroughly discuss exclusionary rule‚ there has to be some sort of basic knowledge of what it is. Exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. This paper will be discussing how exclusionary rule first came about and how it has evolved into what it is now. So this paper will‚ in a way‚ be a timeline of the exclusionary rule. Exclusionary rule was first discussed in the case of Boyd v. US (1886). Boyd v. US (1886) was about trying
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The ideology of the Exclusionary Rule goes back as far as before Untied States gained its own independence. The Exclusionary Rule states that evidence obtained in a violation of the Constitution cannot be used in a criminal trial to prove guilt. Although this rule is not stated in the Constitution‚ it was established off of the rulings of the Supreme Court. The grey area of the Exclusionary Rule can be found here for that reason. Since the rule was set up based off the jurisprudence of the Supreme
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The original 11 rules of golf and todays rules of golf are not very different. In fact‚ they are very similar in many ways. All of the old rules are still rules we use in todays game of golf. Todays rules are more in depth than the old rules‚ which makes todays rules better. With todays rules of golf everything is accounted for and there’s an answer to every possible question regarding anything during the play of a round of golf. The old rules are more plain and to the point‚ which makes them easier
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Aim of the game The aim of the game is to score more ‘baskets’ (points) than the opposition team. Scoring baskets can vary between one‚ two or three points per shot. In order to score‚ you must shoot the ball into the opposition’s basket hoop. Rules of basketball Basketball is a team sport that involves teamwork and cooperation. There are two teams with five players on the court trying to shoot the ball into a hoop and some reserves on the bench. This hoop is approximately three metres high.
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Discuss the exclusionary rule and the following three related concepts: fruit of the poisoned tree‚ inevitable discovery exception‚ and the good faith exception. The exclusionary rule has three elements. First‚ there must be an illegal action by a police officer‚ or by someone acting as an agent of the police. Second‚ there must be evidence secured. The third element states that there must be a casual connection between the illegal action and the evidence secured. “Fruit of the poisoned tree
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Running Head: THE EXLUSIONARY RULE 1 The Exclusionary Rule Analysis on the Exclusionary Rule Colin J. Schroeder Southeast Missouri State University THE EXCLUSIONARY RULE 2 The Exclusionary Rule Analysis on the Exclusionary Rule The exclusionary rule is a legal procedure in the United States‚ which falls under the constitution. It protects citizens of the country in making sure that law enforcement officers are operating lawfully and that they abide by all search and seizure laws. It goes
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Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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The Mischief Rule is a rule of construction that judges can apply in statutory interpretation in order to discover Parliament’s intention. In applying the rule‚ the court is essentially asking the question: what was the "mischief" that the previous law did not cover‚ which Parliament was seeking to remedy when it passed the law now being reviewed by the court? The Mischief Rule is of narrower application than the golden rule or the plain meaning rule‚ in that it can only be used to interpret a
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