Pari Materia Rule

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

* Using the second e-Activity, illustrate one (1) specific example of any statute (e.g., Title VII of the Civil Rights Act of 1964, American with Disabilities Act [ADA], the Family

State v. Gaines, 346 Or. 160, at 171-72 (Or. 2009). In Gaines, the court held that amendments to O.R.S. § 174.020 provided a methodology in interpreting statutes for the court. Id at 171. Gaines held that when a court is to determine a statute’s meaning the court will first look to the statutes text and context to interpret its meaning. Id. Additionally, Gaines held that the legislative history of a statute can be utilized when proffered by one of the parties. Id at 171-72. The Gaines court held that it is up to the determination of the court as to how much weight would be given to the legislative history in its analysis. Id at 172. Finally, if the statute is still ambiguous after analyzing the text, context, and legislative history, then the court may utilize “general maxims of statutory construction to aid in resolving the remaining uncertainty.” Id at 165.

should be bound by and entitled to the benefit of laws publicly and prospectively promulgated

The second part of the brief is the facts of the case. This is the summary or background that led to this particular dispute. It resembles a journalist’s report offering only the basic “who, what, where, when, how and why” of the trial and case record leading up to the present appeal. Included

E – Explanation of the Rule of Law (usually by pointing out its application by the courts in similar cases).

“We may look to the reason of the enactment and inquire into is antecedent history and give it effect in accordance with its

Paragraph 4 – Give a description of the specific policy or court decision that it may have had an influence on or connection

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

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

In its Bato Star judgment, the Constitutional Court referred to the interpretive approach followed in the Jaga v Dönges, a notorious case from the 1950s. In this essay, I argue that the recent comments by the Constitutional Court about the case clearly show that the Jaga judgment is no longer relevant to the interpretation of statutes after the democratic transformation.

This principle has been restricted by many exceptions: Failure leads to criminality about it, if the statute law is merely said that a success "caused" to be. But also in the field of law is not fixed common-law -crime several exceptions are discussed:

The enactment of both interim and final Constitutions 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) BCLR 969 ( C ) at 985 is TRUE.

The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every