The Significance Of Statutory Interpretation

On the one hand it is evident that terms implied at common law can be ‘implied in law’ or ‘implied in fact’. Terms implied as a matter of fact are said to give effect to unexpressed intentions of the

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

The latter case of DPP v Carr (2002) shows many similarities, providing that arrest should and can only be used as a method of last resort, and must not be used for minor offences where the defendant can be identified . In this particular matter, a highly intoxicated Mr Carr was of the belief that police were accusing him of throwing a number of rocks, when this was not the case. This confusion led Mr Carr’s to use offensive language, which provoked the police officer to caution the accused. Mr Carr was then soon after arrested for offensive language because of the continuation of this offence, and also for resisting arrest and assaulting a police officer in the execution of their duties. The main issue in this matter was whether or not the arrest was lawful, and if so, was it improper. It is important to note that this case was decided before the provisions of LEPRA was passed by the parliament and became valid law meaning the Court had to rely on common law principles to determine its outcome. The arrest for vulgar language in this case was held to be proper because the officer had reasonable suspicion (having witnessed him swearing and

The Missouri Supreme Court has interpreted “highway” to apply to any roads where the public is accustomed to travel. Covert, S.W.3d at 75. The Missouri courts will look at the following factors to determine if a road is a highway: its (1) accessibility by (a) emergency vehicles, (b) delivery vehicles, and (c) members of the public; (2) its regulation, Id. at 74,75; (3) maintenance of the road, and (4) its usage for travel and as a thoroughfare, State v. Gittemeier, 400 S.W.3d 838, 844 (Mo. Ct. App. E.D. 2013). Furthermore, the courts have determined that a privately maintained road may still be considered a highway if it is still accessible to the public. Covert, S.W.3d at 77.

There are ways for the courts to prevent things such as trivial matters in courts through proper interpretation. There are two ways courts can interpret matters, there is the textual and contextual approach. In this situation, the approach would be more contextual as it would focus on the use of reason to interpret the law beyond what is in the statute and more based on societal factors.8 Societal factors refer to a person’s economic, financial, educational, or a person’s background. Some people in society have a low standing in all these factors, which would put them at a disadvantage and most laws reflect those needs.

When the Supreme Court must analyze an agency's interpretation of statutes, the Court applies the two-step

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.

What happens in the state legislation greatly impacts everyone throughout the state. The majority of it is from the funding that they provide to different entities. One of the major things that they provide funding to and have control of it schools. One of the major players in this is the University of Minnesota. Legislature has a tremendous amount of responsibility for making things happen and making things better and safer for people. They can sometimes also have issues of their own that they have to solve in order to do things effectively. The things that they put into place effect everyone in some way whether that is big or not depends on what you do and what it is that they changed.

(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603

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

The statute that the Court have to interpret is whether they should consider the blood test.

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

Statutory law Statutory laws is laws in which the government enforce. All the laws were written and set by the Government. If anyone is caught breaking any of these laws, then the police are obligated to arrest you and to be prosecuted in the correct way. An example of this is the new smoking ban in cars, the Government set out a new law starting from the 1st of October 2015 which states that anyone caught smoking in a car with someone else in the car who is under the age of 18 will be breaking the law, and you can get arrested for it. Another example of statutory law is speed limits, The government set outs all the speed limits to protect drivers and pedestrians.

The workforce has developed rapidly over the years in relation to policy and statutory frameworks, with an emphasis upon the national curriculum in relation to literacy. The frameworks is influenced by political aspects by theoretical and political aspects. This has been reflected within practice as policy brings change and implications for practitioners and managers. Research has gone a long way to implement the revised national curriculum which was due to the concerns raised due to the fact as a country we are falling behind on the national league tables as we are in position 23 (DfEE, 2013), which is quite disappointing as English is our first language within Britain, and we have made no improvements within the last three years (DfEE, 2013).

Illogical distinctions. The use of distinguishing to avoid past decisions can lead to ‘hair-splitting’ resulting in some areas of the law becoming very complex. From 1898 to 1966 the House of Lords was completely bound by its own past decisions unless the decision had been made per incuriam, that is, in