report focuses primarily on the Court’s methodology in construing statutory text‚ the Court’s approach to reliance on legislative history are also briefly described. In analyzing a statute’s text‚ the Court is guided by the basic principle that a statute should be read as a harmonious whole‚ with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are
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possibility of constitutionally restricting certain types of hate speech. The court was to hear a case that spoke to one specific Virginia state statute that prohibited cross burning with the intent to intimidate‚ and also rendered that any such burning shall be prima facie evidence of an intent to intimidate a person or group. This court would see this statute being used between two separate cases. The first case was against Barry Black; in August of 1998 Black led a Ku Klux Klan rally at which the
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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 law whilst others
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Stat. Ann. § 51-1-7 PDF Questions QUESTIONS: 1. Who enacted this statute? Answer: New Mexico State Legislature 2. Is this statutorily mandatory or discretionary? What causal term in the statute helped you answer this question? Answer: Mandatory-shall be and shall not were causal terms that helped decide the answer. 3. According to this statute‚ what are the three ways that a person can be denied unemployment benefits in New
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State v. Metzger 319 N.W.2d 459 (Neb. 1982) History Douglas E. Metzger was convicted in the municipal court of the city of Lincoln‚ Nebraska‚ of violating statute 9.52.100 of the Lincoln Municipal Code. Metzger appealed to the Nebraska Supreme Court. Facts At about 7:45 a.m. on April 30‚ 1981‚ a man was pulling into a parking space directly in front of Mr. Metzger’s open front apartment window. While doing so he witnessed Mr. Metzger standing in the window completely nude from the thighs
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Kamal McPherson Cape Law Evaluate the rules of interpretation which guides judge’s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation‚ they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law‚ which means‚ where laws are taken from to aid in the decision making
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Counteranalysis Legal research is not only about discovering how the law applies‚ it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case‚ and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it‚ when we use it and where we can apply it. Analysis is application of law to the case. And when we know what analysis
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his view. It has been shown over the years that courts are totally unwilling to question the legitimacy of statutes unless there is some question as to them not being passed using the correct procedure. As long as an Act has passed through both Houses and received the Royal Assent judges will not argue whether or not a statute should or should not exist but will merely try to apply the statute. One of many examples of this is the case of Edinburgh & Dalkeith Railway Co. v Wauchope (1842) 8 Cl & F 710
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which laws can be misleading due to the way they are worded and interpreted by an individual. When looking at statutory interpretation it’s vital to understand that some statutes can be straight forward and have a simplistic meaning‚ however this is not always the case as there can be confusion over the true meaning of various statutes; words can become ambiguous‚ meaning that there can be misperceptions made about whether or not individuals are right in their appeals. When in court it is usually the
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Defense of the Statute of Fraud: and Parole Evidence Rule: A Fair Price of Admission to the Courts Commerical Law Journal‚ Vol. 100‚ Iss. 3; pg. 259‚ 22 pgs http://proquest.umi.com.library3.webster.edu/pqdweb?index=48&did=9161841&SrchMode=1&sid=4&Fmt=4&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1255048466&clientId=30323 6. Contract Law Cases Promissory Estoppel (2008‚ Nove 1) http://contract-law-cases.blogspot.com/2008/11/promissory-estoppel.html 7. Larson‚ Aaron (2003‚ October) The Statute of Fraud and
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