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 statute and‚ strictly speaking‚ only when the statute was passed to remedy a defect in the common law. Legislative intent is determined by examining secondary sources‚ such as committee reports
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prohibit something‚ or declare policy. Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases‚ there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. To find the meanings of statutes‚ judges use various tools and methods of statutory interpretation
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Hidden in Plain Sight: Racism in International Relations Theory Errol A. Henderson Dept. of Political Science Pennsylvania State University eah13@psu.edu ABSTRACT: This essay addresses the centrality of racism in international relations (IR) theory. It examines the extent to which realism‚ liberalism‚ and constructivism are oriented by racist precepts grounded in the intellectual foundation of IR. Specifically‚ my argument is that a racist dualism inheres within the philosophical assumptions
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would be the most beneficial to the animal. After reading an article on South Plains Wildlife Rehabilitation Centers (SPWRC) website‚ I was surprised to learn doing the exact opposite would be better for the birds’ ultimate well-being. There are many issues that can be easily over looked because they do not necessarily affect one’s life directly. The both educational and environmentally beneficial programs at the South Plains Wildlife Rehabilitation Center can be a useful tool‚ to not only open one’s
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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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Case Presentation Gingerich vs. Protein Blenders Protein Blenders‚ Inc. made written contract with Gingerich to buy from him shares of stock of a small corporation named Maplecrest Turkey Farms. The plaintiff‚ Protein Blenders‚ Inc. agreed to purchase 4‚505 shares of preferred stock from the defendant‚ Gingerich‚ a small corporation named Maplecrest Turkey farms. The price of each stock was $52.50 per share which came to a grand total of $236‚512.50. Protein Blenders‚ Inc. has failed and
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Bradstreet incorporate the Puritan plain writing style in her poems? In the Puritan culture‚ there is a form of writing style called the “plain writing style”. Some Puritans use this style because they believed that it would help them to express themselves clearly according to their religious beliefs. The definition of this writing style is defined as “a type of writing in which uncomplicated sentences and ordinary words are used to make simple‚ direct statements” (Puritan Plain Style‚ 1). Anne Bradstreet’s
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Statutory interpretation This process is used by judges in the courts when there is a dispute or being uncertain over the meaning of words or phrases in an Act of Parliament or piece of delegated legislation. The courts role is to find out how Parliament intended the law to apply and carry this out. The interpretation may form a precedent for future cases. Statutory interpretation can become a problem due to: The complexity of the English language a word may have several meaning‚ which can lead
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down to ease the burden of enabling statutes to be drafted more conveniently‚ and mostly are the definitions of the common provisions. The first approach known as literal approach is meant by defining the words of the statute as ordinary and plain even though if it leads to absurdity in the case of Stock v Frank Jones. The literal interpretation was applied by the courts and they were not willing to read into the words of the statute. Judges might seek to look and search the dictionaries‚ law
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INTERPRETATION OF STATUTES INTRODUCTION It is a well established fact that the legislature is highest law making body and the court is merely an interpreter of the law. But actually the fact is by interpreting the law the court can make comprehensive changes in the actual implementation and overall maneuver of the law. Moving further‚ to understand everything about interpretation which has been gradually evolved in modern context from ancient Indian rules with the help of follows up of different
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