Describe how jurors qualify and are selected for service

Their jargon includes a lot of legal terms. Examples include discovery, Writ, continued, PSI, and restitution. Discovery is a formal request by a party in a case to provide them with the information they have on the case. Continuance is rescheduling a case for another day. Restitution is money that the defendant has to pay to the victim. Pre-sentence investigation (PSI) is background investigation done on a person who has been convicted of a crime. A writ of habeas corpus (writ) is an order to transport a defendant to court from their holding facility.

Statutory interpretation is required where complication and ambiguity arises as to what the section actually provides and to whom is within the provisions. There are numerous occurrences where judges call for statues to be interpreted further in more depth; such as failure of legislation to cover a point, a broad term, drafting

Statutory interpretation is the legal process whereby a judge applies a statute to a case and must give meaning to the words in the statute in order to decide what they mean and how it should be applied to a particular case. When interpreting statutes, the judges’ role is to put into effect the Parliaments wishes. Conflicts may arise when deciding if the intention of Parliament can be found in the words of the statute itself or whether judges should acquire into the purpose of the Act then interpret the words themselves. In order to interpret these

Statutory purpose is a paramount tool in Breyer’s pragmatism. Indeed, it is one of the two tools (the second we will see later) that he has found to be “the most useful” (Yale 12) because it conduces one of pragmatism’s central values: sustaining the work of democracy. Ordinarily, the pragmatist turns to statutory purpose “when statutory language does not clearly answer the question of what the statute means or how it applies” (Breyer 85). However, the majority uses purpose in a slightly different way here. Rather than using it to modify its interpretation of the CSA, the majority uses statutory purpose to analogize it with the AAA: “Just as the [AAA] was designed ‘to control the volume

For this essay I asked my Grandma Diane questions about jury duty. She has never served on a jury but she has been summonsed to questioning to possibly be on one. When she got the summons letter she wasn’t excited, “ I didn’t want to do it, because I didn’t feel that I [had] the right to judge anyone else,” and didn’t really want to go. She got asked questions like, “Could you be impartial? Could you be fair? If “this” happened would you say that the person is guilty? Are you related to the person/persons involved? Have you heard anything about the case?,” the attorneys asked these questions because they wanted to make sure they had a jury that would make an unbiased decision in the court case. My grandma said that, “It made [her] respect what

an explanation of why and how each decision was made throughout the entire trial. The basis

Although Callinan J in the Workchoices’ Case does not give full merit to these justifications, a textual approach to the interpretation of the constitution expressed in Engineers’ Case it not without its reasons. There are numerous considerations that need to be weighed when determining the appropriate methodology for constitutional interpretation. A major determining factor is the practicability of its legal application, and its ability to appropriately and fairly resolve issues entrenched in the text of the constitution. The following arguments provide a support for textualism, and a criticism of other methodologies.

Appellate rules are organized topically into seven titles, first by the source from which the appeal originates; district court appeals are followed by Tax Court appeals, then administrative agency appeals. These are followed by rules for extraordinary writs and for habeas corpus proceedings and proceedings in forma pauperis. Then the Rules provide general provisions relating to computation of time, format of briefs, costs, and the ability of

xiii) Influence of EU ensures that altering UK constitution is hard – cannot be incompatible

Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation

1. When interpreting legislation, the Courts use several approaches to aid their interpretation. Describe how the literal, golden and mischief rules of interpretation operate.

Power is given to examine Extrinsic Materials by Section 15AB of the Acts Interpretation Act (1901) Cth. Extrinsic materials include the Explanatory Memorandum and the second reading speech. Extrinsic Materials apply to the interpretation of statutes when determining the meaning of an ambiguity, or when confirming the meaning of the ambiguity given by context.

Courts will allow some restrictions on a prisoner’s access to legal resources in order to accommodate legitimate administrative concerns, such as maintaining security and internal order, preventing the introduction of contraband, preventing the domination of the library by regular users, and observing budgetary constraints. In the absence of a legitimate administrative concern, however, prisoners may not be hindered from gaining access to the judicial process. Inmates who have been denied access to legal materials have not necessarily suffered a constitutional deprivation when they are confined for only a short period of time.

Headnotes are summaries of cases setting forth principles of law. In the Thompson West system similar points of law are indicated by a key number that will match another key number to cases with similar points of law. Remember that headnotes are dicta and not precedent. Make sure you read each case if you have any uncertainty while reading the headnotes. Looseleaf materials are published

The Rules of the Statutory interpretation are The literal rule (IRC v Hinchy, 1960), the golden rule(R v Allen, 1872), The mischief rule (Smith v Hughes, 1960) and The Ejusdem generis rule (Powell v Kempton Racecourse, 1899) The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity(R v Allen (1872) LR 1 CCR 367). This is law/ legislation, which has been enacted by Parliament and through administrative process. The law enacted by Parliament is known as an Act of Parliament.