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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THE HAMBURG RULES: DID IT INCREASE THE LIABILITY OF THE CARRIER? BY KWEKU GYAN AINUSON (Under The Direction of Professor Gabriel Wilner) ABSTRACT The Convention on the Carriage of Goods by Sea (Hamburg rules) was hoped to provide a uniform modern commercial code for the international carriage of goods by sea. However‚ after 26 years after the diplomatic conference and nearly 13 years after it came into force‚ the rules have not been ratified by the world’s major maritime powers. The main
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BUTT‚ PARNELL AND THE EARLY YEARS OF HOME RULE 4.1 Gladstone’s Reforms and the Start of Home Rule Gladstone and Ireland the early years. No HR party until 1873 so Liberals appreciated Catholic and Presbyterian vote in Ireland. Liberal MPs drew Gladstone’s attention to: • Privileged position of C of I • Land question • Catholic education 1868 Gladstone became PM. ‘My mission…’ 1869 Disestablishment 1870 Gladstone’s First Land Act (made Ulster Custom law where it existed and made landlords
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Dying Wishes In the court of law‚ the “dying declaration” is the only form of testimony that a Judge will not rule out as hearsay. The logic being‚ that a man at the very edge of his life has nothing to lose‚ so therefore would have no reason to lie. In Sophocles’ tragedy‚ Women of Trachis‚ several characters make dying declarations‚ some of them‚ in fact‚ lies! These deathbed declarations‚ allow us to see into the minds of these characters. When the story opens‚ Deineira has been getting
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GPR 109: LEGAL SYSTEM AND METHOD LEGAL METHOD TAKE AWAY CAT NKARICHIA MUGAMBI DENNIS G34/3053/2013 Q; there are some rules of language’ used by courts and the legal profession in studying or interpreting written law. They are more of rules of practice than legal rules. Outline the most common of these and give a brief commentary or explanation of the same. RULES OF LANGUAGE IN STATUTORY INTERPRETATION. The traditional common-law approach to statutory interpretation was to "look at the words
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committed‚ do a search of a person’s property and confiscate any relevant evidence to the crime. the exclusionary rule is a rule that allows for the exclusion or suppression of evidence. This role prevents the government from using evidence in trial which was to be derived from an illegal search and seizure arrestor interrogation. There are several exceptions to the exclusionary rule that I have found and these are: 1. The good-faith exception-any evidence gained by law enforcement using a search
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The newspaper chosen for this assignment is New Straits Times. The three Harrower’s “Rules of Thumb” guidelines that will be discussed in this assessment are headlines‚ layout and design as well as photos. 1. Headlines Headline is the basic element in designing a newspaper and plays a very significant role because the first thing readers will see on the newspaper is the headline (Paul‚ 2014). Without a good headline‚ even the best stories become useless because most people will only read the stories
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I find that the evidence would still be valid based on the “good faith” exception to the exclusionary rule. The good faith exception states “that If officers had a reasonable‚ good-faith belief that they were acting per legal authority‚ such as by relying on a search warrant that is later found to have been legally defective‚ the illegally seized evidence is admissible” (Busby‚ 2009). The good faith exception was established by a 6-3 U.S Supreme court decision in the United States v. Leon 468 U
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Understanding All of the Rules for Professional Baseball Baseball is a game that everyone knows and most people love watching. The premise behind it is simple. One person throws the ball and another hits it with a bat. From there‚ upon a successful hit‚ the hitter runs around bases to try and reach home base‚ while others catch the ball and try to stop him. However‚ the rules for baseball are a little more complex and they have been fine tuned for many years to give us the rules that we have today. If
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