Assignment 01 Introduction The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Consequently the process of
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Research Plan: Statutory Interpretation We will analyze potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing. I. Statutory Interpretation a. What will we need to research in order to properly analyze avenues for potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing? i. Background for understanding statutory interpretation: 1. What are the basic
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the law certain. It also means that unelected judges do no make law. However the literal rule assumes that every act is perfectly drafted. This can also mean that some words may have more than 1 meaning‚ which means the word will be interpreted and lead to unfair/unjust decisions. Lines 24 and 25 explain the literal rule and what it is. There are many examples of the literal rule in real life cases: In Cheeseman V DPP (1990)- Police were not “passengers” within the meaning of the act so the
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6 Explain the sorts of problems that might occur when supporting learning activities and how to deal with these. It is likely to encounter problems when supporting learning activities to individuals‚ groups or to the whole class. These problems could be related to: learning activities; learning resources; learning environment or learning assessment. Learning activity; Sometimes‚ the teacher may set up activities that are not that suitable for the children‚ who are involved in my group learning. Therefore
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the law‚ statutory rape would be a difficult situation to address. Statutory rape is for someone sexually assaulted under the age of 18. If there was no set age on becoming an adult‚ what would be classified as statutory rape? Statutory rape would not exist for someone under the age of eighteen. For example‚ Caiti is 14 and her boyfriend is 19. If Caiti is raped by her boyfriend‚ she can file for statutory rape. You can file for statutory rape even if you wanted to have sex. If statutory rape was
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According to the law statutory rape refers to having sexual relation with someone under the “age of consent.” People under the age of consent cannot legally agree to have sex‚ so having sex with them breaks the law. In most to all of the states they age of consent is usually 17‚ the rest is 18. However‚ if the couple are three years within each other and not younger than the age 14‚ then that wouldn’t be considered to be statutory rape. These laws were set into place to protect young people based
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This paper will examine the statutory rape laws within the state of California. It will look at the laws and punishment for coming statutory rape. It will also look at the laws regarding sexual acts toward children. Also‚ the paper will examine how these laws work to protect children from sexual abuse. Statutory Rape Laws Statutory rape falls under the California Penal Code of 261.5 PC. This code states “statutory rape" takes place when any person engages in sexual intercourse with a person
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Teaching & Learning in Schools Level 2 Unit 9 Supporting Learning Activities Assignment 3 Learning Activity 1 4.1 In Year 2 class (Meteor Group) dated 01-15-2013‚ Numeracy Lesson. L.O. Multiply by 2‚5‚10 using the number line method. Three pupils did the same activity. Among three of them‚ Samuel needed more resources to understand the learning activity. I used the mini
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P5: Outline the rules for Statutory Interpretation Judges are highly qualified professionals that enforce the law in court while dealing with cases but sometimes‚ judges need help understanding the law that has been put in place by Parliament. Statutory interpretation helps judges in court understand a piece of delegated legislation when the words are unclear. There are a few reasons why the meaning of an Act may be uncertain: • If during the making of the Act‚ Parliament failed to notice any error
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Aims and Outcomes I will describe how precedents are applied in court and explain the rules of statutory interpretation. Firstly I will explain what a precedent is. Precedent “In common law legal systems‚ a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts” Example Let’s say that a Court establishes that it is illegal for people to smoke or be in possession of Tobacco
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