catch the intention of Parliament following a single procedure. This is why several rules of interpreting statues have emerged. These are discussed below: The literal rule: Literal rule states that the words used in a statute must be given their plain‚ ordinary or literal meaning (Whiteley v Chappell). This is the simplest rule to follow and best way to reflect Parliament’s intention in general. But‚ sometimes the structure of language may render the meaning obscure (ambiguity). Sometimes Parliament’s
Premium Law Statutory law
Discussion of Search Warrants and Probable Cause Larry Brueland AIU Online ABSTRACT This paper will review the definition and discuss the process in which a search warrant is obtained in accordance with the Fourth Amendment requirements. We will also show the definition of Probable Cause and the standards for which it is met. There are seven types of searches that do not require a warrant. We will list these seven types of searches‚ but will discuss only two in full detail. As part of the
Premium Fourth Amendment to the United States Constitution Criminal law United States Constitution
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 to have originated in the 1854 case
Premium
A Life Hidden In Plain Sight is an autobiography by M.E. Thomas about her living life as a diagnosed sociopath. The book describes her journey of figuring out how to live a normal life with her diagnoses‚ while trying to hide it from the rest of the world. M.E. Thomas tries to give the readers a glimpse into her life‚ while also describing what it is like to be a sociopath‚ and how misjudged they often are. A sociopath‚ as described in the book‚ is someone who feels no empathy towards others and
Premium English-language films Character Secret Life
was located on. We hurried back to the general and told him of our findings. He commanded me to lead the army to this path. On the right of September 12-13 1759 I led the troops up the path. When the French woke up we had positioned ourselves on the Plains of Abraham outside the city. The French Started to fire but too quickly‚ General told us to shoot until we were closer to me French. We griped our swords and then charged. After we fought for 15 minutes the French
Premium French and Indian War
* New developments in society can make the words used in a statute out of date and they may no longer cover the current situation rule courts will give words their plain meaning‚ even if the result is not very sensible. * Words are an imperfect means of communication Literal Rule * Under this rule words are given plain and ordinary meaning. * The rule developed in the early 19th century and has been the main rule applied ever since then. * It has been used in many cases even
Free
can be deficient due to a printing or a drafting error. There are three rules‚ courts use to interpret statutes‚ they are known as‚ The Literal Rule‚ The Golden Rule and The Mischief Rule. Under The Literal rule‚ words in a statute are given their plain‚ ordinary meaning even if it leads to an absurd ending; this was shown in R v City of London Court Judge (1892)‚ Lord Esher said “If the words of an Act are clear you must follow them‚ even though they lead to manifest absurdity. The court has nothing
Premium Law Marriage Pearson Education
belong to a female" (164‚ 165). While Hark dramatically complicates the male body as a signifying field‚ Robyn Wiegman transforms the feminist paradigm of the "specular colonization" (176) of the female body from an issue of gender to one of race‚ in which the black male becomes constructed as feminine‚ suggesting "not simply an aversion to racial difference but a profound attempt to negate masculine sameness‚ a sameness so terrifying to the cultural position of the white masculine that only castration
Premium Clint Eastwood Gender Sociology
Sgt. Wertz‚ Bradley Training Presentation 3rd Squad Marine Corps Core Values MCCS-LDR-1022 General Purpose: To inform Specific Purpose: To inform my audience of your rights as a Prisoner of War (POW) Central Idea: Although war may be an uncivilized human act‚ the treatment of Prisoners of War shoul not reflect that kind of behavior‚ as their rights should be upheld and respected. Introduction: In a war with sometimes unforeseen actions taken by our faceless‚ ever-evolving
Premium Fourth Amendment to the United States Constitution Prisoner of war Laws of war
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
Premium Law Statutory law