The mischief rule[1] is one of three rules of statutory construction traditionally applied by English courts.[2] The other two are the “plain meaning rule” (also known as the “literal rule”) and the “golden rule.” The main aim of the rule is to determine the "mischief and defect" that the statute in question has set out to remedy‚ and what ruling would effectively implement this remedy. The rule was first laid out in a 16th-century ruling of the Exchequer Court. -------------------------------------------------
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Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive
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tactics of civil disobedience have been used as early as 441 B.C. with Antigone and other religious groups. We must remember‚ however‚ this philosophy has also been used as recently as The Anti Vietnam War Movement. Civil disobedience is exercised by citizens that want to better society and they are at fault. Also‚ despite common belief‚ civil disobedience is not always non-violent. While citizens should work to improve citizens’ rights and create a better society‚ breaking the laws can lead to violence
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Why are Americas rules of evidence more restrictive than those established by other countries? America’s rules of evidence are more restrictive because unlike some countries we have Constitutional protections that safeguard individual rights. An example of this would be the Supreme courts determination that a state rule requiring that a defendant wanting to testify in a criminal case must do so before the admission of any other defense testimony is a violation of the Fifth and Fourteenth Amendment
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Civil disobedience. What is civil disobedience? Civil disobedience is‚ “the refusal to obey certain laws or governmental demands for the purpose of influencing legislation or government policy‚ characterized by the employment of such nonviolent techniques as boycotting‚ picketing‚ and nonpayment of taxes.” When certain laws are put in place by the government that may or may not be in favor of the people‚ the people by law have their own right to not obey them. Marches‚ rallies‚ boycotts‚ etc. are
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have begun to call for acts of civil disobedience to defeat President Trump’s actions‚ arguing that citizens have a duty to protest in keeping with their conscience. We can be certain that this kind of rhetoric‚ and the protests that go along with it are not going to disappear any time soon‚ and thus we must question whether civil disobedience positively or negatively impacts our free society. To begin‚ let us examine the biggest problem with Civil disobedience: it undermines the peoples elected leader
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The British rule over India changed the course of history in India. The British came to India at the start of the seventeenth century. This was the time when the British East India Company was established in India to break the Dutch monopoly over spice trade. With time the East India Company increased its powers and started to administer the country. However its policies were disliked by Indians and together they revolted against the company. This led to the downfall of the company and the administration
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One of its earliest massive implementations was brought about by Egyptians against the British occupation in the 1919 Revolution.[3] Civil disobedience is one of the many ways people have rebelled against what they deem to be unfair laws. It has been used in many nonviolent resistance movements in India (Gandhi’s campaigns for independence from the British Empire)‚ in Czechoslovakia’s Velvet Revolution and in East Germany to oust their communist governments‚[4] In South Africa in the fight against
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have the concepts of Popular Sovereignty‚ Rule of Law and tolerance developed through time? The writers of the Constitution who are better known as the Founding Fathers have given us their perspectives and ideas on these concepts. These ideas have built what is now called our Constitution. Popular Sovereignty is defined as a type of political power. The people are also able to organize their government. We the people give the government permission to rule over us but we can also control who we have
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“Majority Rule Day” What is Majority Rule? Only a few Bahamians can answer that. But to know what is Majority rules you have to go back to the system that was in place before. This system didn’t allow women to vote‚ only black men who owned land could vote‚ the house of assembly only had the men of the English colony. The Bahamas had been run by only the people of Great Britain. This system held the Bahamian people down and out inside the country that they were born in and it held them like
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