Assignment two With specific reference to the case of grey v Pearson (1857)6 hlc‚ discuss the scope and ambit of the golden rule Golden Rule In law‚ the Golden rule‚ or British rule‚ is a form of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” (also known as the “literal rule”) and the “mischief rule.” The golden rule allows a judge to depart from a word ’s normal meaning in order to avoid an absurd result1. The term “golden rule” seems
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Precedent shapes English law and how Statutory Interpretation contributes to such a process. The English legal system is a common law system‚ where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts‚ stare decisis‚ and they abide by them. This could be said to create a consistent and fair system i.e. a body of legal principles. Statutory Interpretation is how judges interpret/understand statutes
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INTERPRETATION OF STATUTES PROJECT: HEYDON’S CASE : AN ANALYSIS Made by: xxxxxxx HEYDON’S CASE (1583) pre-SCJA 1873: AN ANALYSIS INTRODUCTION The concept of interpretation of a Statute cannot be a static one. Though “Maxwell on Interpretation of Statutes” is a virtual Bible for analysing the concept‚ even still‚ courts have departed from the principles laid down therein depending upon the social needs of the community‚ economic exigencies of time and several other factors
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Understanding Statutory Law Statutory Law: Laws passed by the process of running a bill through the House and Senate‚ getting the required votes to pass it‚ and then having it signed into law by the Governor or President. For example‚ the right against self-incrimination is statutory law because it was written into the Fifth Amendment to the U.S. Constitution. Importance of the Statutory Law * Statutory law is crucial to our survival in the judicial system and whether or not we are
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legislation. As one of the external aids‚ referencing to Hansard can help the courts to discover how Parliament intended the law to apply and put that into practice. Initially such documents could not be consulted for the purpose of statutory interpretation. In 1992 the House of Lords delivered a blockbuster in the case of Pepper v Hart [1992]‚ which overturned the rule against consulting Hansard. However‚ more and more people argue that its drawbacks outweigh its advantages. The case of Pepper
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Interpretation "Smile" Never could a smile have been more disgraceful for Matthew than the one he bared in the short story "Smile"‚ written by D.H. Lawrence. Matthew‚ the main character‚ receives a telegram informing him of his wife’s critical health. Then‚ he goes to see Ophelia‚ his wife‚ in the convent where she resides. The relationship between the couple is problematic; they have separate 12 times. Once at the convent‚ the setting of the story‚ the Mother Superior informs Matthew that his
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display in shop window with price label. But the defendant was not found guilty as displaying the knife was merely an “invitation to treat” but not an “offer”. For Golden Rule‚ it is a modification of the Literal Rule. It is used when the literal interpretation fails to produce a workable result and produces an ambiguous meaning. The court will reject the absurd result and modify natural meaning of words. Professor Michael Zander (1993) has described this rule as “an unpredictable safety-valve to permit
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Statutory Interpretation Model Answers Explain‚ the rules judges may use when interpreting Acts of Parliament There are four different rules judges can use when interpreting Acts of Parliament. The literal rule is when judges have to take the natural‚ ordinary or dictionary meaning of a word or phrase and apply it to the case in hand. This rule leads to absurd and unjust results. The literal rule occurred in LNER V Berriman case. An Act made it a duty to provide a look-out man wherever a
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P6: Binding Precedent: A precedent from an earlier case that must be followed even if the later judge doesn’t agree. When a higher court makes a decision‚ it is a binding that all courts who are lower. R V DUDELY and Stevens (1884): The two shipwrecked men kill and ate the cabin boy‚ later both men were convicted to murder. The ratio Decidendi: The ratio Decidendi is binding on lower courts and stands in contrast to obiter dicta. The court gave three reasons for refusing a defence of necessity
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THE MEANING OF DREAMS Consciousness is defined as a person’s state of awareness of oneself and the environment. It is the responsiveness of the brain to the senses. A person may experience different states of consciousness. A typical example of such states of consciousness is sleep. In this state‚ the body rests and restores energy. One particular stage of sleep called REM sleep‚ characterized by rapid eye movements‚ is responsible for generating dreams. Dreams are mental images which occur
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