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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1-2 Statutory law comes into existence when a legislature passes a statute. This statute is then included in the federal code of laws or the relevant state code of laws. Common laws are the rules of law announced in court decisions. These rules include interpretations of constitutional provisions‚ of statutes enacted by legislatures‚ and of regulations created by administrative agencies. If there is a conflict‚ common law or previously decided cases will take precedence. 2-4 Callais might
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Statutory Rape A’ram Christopher Criminal Law Professor James Barney Statutory Rape Introduction Statutory rape is usually defined by the state law concerned. However‚ statutory rape is distinguished from other forms of rape in that the victim must necessarily be below the age of consent and that lack of consent is not a requisite to the crime on the common understanding that a person below a certain age lacks the capability to give an informed consent. Prior to the development of modern
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7. Statutory Interpretation 7.1. The Role of Statutory Interpretation • The courts must ascertain the meaning of a statute in order to apply it. • Even the most well drafted statute may be capable of more than one interpretation in any particular situation – this is a function of the nature of language and the desire of opposing parties to find interpretations which favour their own case. Additionally‚ some statutes may be inherently ambiguous. • The courts have developed principles
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Statutory Record Maintenance Our business has a high degree of visibility to Law unlike other industries. Compliance of licensing‚ NOCs and other statutory requirements are signs of good Corporate Governance‚ the absence of which would lead to adverse and negative publicity‚ which affects our business very badly. Compliance to Statutory & Legal requirements need to be carried out with zero tolerance‚ as in case of any breach‚ there is a huge exposure to monetary liability besides
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While many people believe statutory rape laws are unfair in various situations because they hinder relationships intimacy‚ ultimately statutory rape laws are effective because they keep predators away‚ decrease unplanned pregnancies and encourage abstinence. Statutory rape is when an adult has intercourse with anyone under the age of consent. This could be vaginal‚ oral‚ anal and mutual masturbation. There are numerous amounts of cases on the statutory rape law. Many of which people believe are unfair
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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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STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular statute. Statutes are not user friendly. They are written in technical form and not too easy to understand (ambiguity). The words used in statues may have different meanings which indicate
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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
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Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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