Question 1
Introduction
A statute is the formal and the written law of the country. It is passed by the legislative authority of the country. Generally, statutes, and, prohibit or declare something and sometimes, they are also called as legislation. In this way, statutory interpretation means the interpretation of the statutes by the courts. This interpretation takes place when an Act of the Parliament is not clear and as a result, it creates uncertainty in the law. Therefore, statutory interpretation is required when an Act passed by the Parliament is not clear, for example a term could have been used to covers a number of opportunities. Similarly the meaning of a term can also change its meaning over the period of time which results in
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In this case, the defendant was a shopkeeper and had placed a flick knife along with its price in the window of his shop although no flick knife was sold by the shopkeeper. In this regard, the defendant was charged under section 1(1) of the Registration of Offenses Weapons Act, 1959 according to which any person who sells, hires or offers for sale any flick knife will be guilty of the offense. However in this case, the court was required to decide if defendant had committed the offense of offering the knife for sale. Offer has been given a technical legal meaning by the law of contract. In this regard, the contract law provides that is playing an article in shop window cannot be considered as an offered by it is only an invitation to treat (French, 2011). In this way, by adopting the literal approach of statutory interpretation, the court decided that the shopkeeper was not guilty of offering the flick knife for sale.
Application
In order to decide if the offense prescribed by the Registration of Offenses Weapons Act, 1959 has been committed in these three scenarios or not, the literal, golden or the mischief rule of statutory interpretation has to be applied (Australian Law Students Association, 2009).
Scenario 1
In this case, Jane had confiscated a flick-knife from a member of the youth club and had given the same to her supervisor. In this regard, by applying the mischief rule of statutory interpretation,
Keli Lane-Contemporary Criminal Case Original case citation: R V Keli Lane (2011) NSWSC 298, 15 April 2011, Whealy JA (1) Appeal citation : R V Keli Lane (2013) NSWCCA 317, 13 December 2013(1) Elements of the offence: Actus Reus: Keli Lane was found guilty of murder and three counts of false swearing.
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
20) With regard to consideration in a sales contract, the UCC differs from the common law in that
When a legislature passes a statute, that statute ultimately is included in the federal code of laws or the relevant state code of laws. Statutory law also includes local Ordinances – statutes (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law. Mainly have to do with city or county land use, building safety codes, and other matters affecting the local community.
Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved November 10, 2017, from
What court will have jurisdiction over Tanya's suit? Why? The most likely court with jurisdiction over Tanya's suit will be the federal court in the state of Confusion. That is because Tanya's suit raises a federal issue, that of the regulation of interstate commerce. Generally, such a case would be filed in the federal court in the same state where the alleged harm manifested itself. However, there is also a possibility that Tanya could seek to use the concept of "long-arm" jurisdiction (Nowak & Rotunda, 2007) to have the case adjudicated in the federal court in Denial based on the fact that the illegal regulation in Confusion affected some of the residents of the state of Denial, irrespective of where the harm was caused.
This paper examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but, the true meaning as well as the exceptions. There are also a number of cases mentioned throughout the paper that have played some role in the exclusionary.
The second part of the paper will review the arguments of crown and counsel while comparing them towards the judge’s decision. Counsel argued the accused the accused use of
Statute..as it is at the state level where a specific action is looked at for compliance. This is a type of regulation law where the speed limits are regulated.
Where breach of the peace was unclear, the offence of threatening or abusive behaviour came
In this case, petitioner private citizens filed a suit against the superintendent of public schools in Kentucky, James Graham. Sydell and a number of other parents challenged the Kentucky state law requiring the posting of the Ten Commandments in every public school classroom. Each plaque would be purchased with private contributions and would have that statement, “The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States.” The private citizens claimed that the statue violated the First Amendment and sought an injunction against its enforcement. The state supreme court held that the statue’s purpose was secular and it would neither advance nor inhibit any religion or religious group nor involve the state excessively in religious matters. On appeal, the United States Supreme Court held that the statue had no secular legislative purpose and was, therefore, unconstitutional. The purpose for posting the Ten Commandments was clearly religious due to the fact that they are sacred in the Jewish and Christian faiths, therefore violating the Establishment Clause of the First Amendment. This particular case will support my argument by confirming that hanging up items on school walls that do
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.
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.