Royal 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress the mischief and advance the remedy. When faced with a piece of legislation‚ the courts are required to interpret its meaning so that they can apply it to the
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Hansard is the official daily report of parliamentary debates and the record of what was said during the introduction of legislation. As one of the external aids‚ referencing to Hansard can help the courts to discover how Parliament intended the law to apply and put that into practice. Initially such documents could not be consulted for the purpose of statutory interpretation. In 1992 the House of Lords delivered a blockbuster in the case of Pepper v Hart [1992]‚ which overturned the rule against
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Kamal McPherson Cape Law Evaluate the rules of interpretation which guides judge’s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation‚ they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law‚ which means‚ where laws are taken from to aid in the decision making
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June 2004 – Q2 A) Under the Golden Rule‚ “it is generally considered to be an extension of the literal rule. In its general expression it is applied in circumstances where the application of the literal rule is likely to result in‚ what appears to the court‚ to be an obviously absurd result” (Source B). For example‚ in R v. Allen (1872)‚ the word ‘marry’ was interpreted as meaning ‘to go through a ceremony of marriage’‚ because using it literal meaning would produce the absurd result that the
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Interpretation Common law rules of interpretation The common law rules of interpretation are as follows: Literal rule - interpret the statute according to the literal meaning of the words. Higgins J in The Engineers Case: "The fundamental rule of interpretation... is that a statute is to be expounded according to the intent of the Parliament that made it; and that intention has to be found by an examination of the language used in the statute as a whole...what does the language mean... in its
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Principles of Business Lw LAW4250 ASSIGNMENT DATE: Autumn 2011 WORD COUNT: 1500 Words SUBMISSION DEADLINE: 18th October 2011 What are the principal powers available to the courts in connection with the interpretation and application of statutory legislation. How do judicial principles of statutory interpretation engage with these interpretive powers. INSTRUCTIONS FOR COMPLETION OF THE ASSIGNMENT: Candidates will be expected to present the assignment in the form of an essay
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The legal definition of armed robbery‚ according to The Free Dictionary by Farlex is "The taking of money or goods in the possession of another‚ from his or her person or immediate presence‚ by force or intimidation." (Free Dictionary‚ 2009) This is not to be confused with larceny. An armed robbery is defined when a person is made to feel fear or harm and then has personal property stolen. Larceny is a person who hasIt is the responsibility for members of the state legislature to thoroughly research
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led to The Plains wars‚ which the Native Americans lost. In this essay the details as to why the Native Americans lost the plains war will be explained. These details include seven main points‚ which are- the end of the civil war and the manifest destiny‚ different attitudes towards land‚ the whites upsetting the population balance‚ the effect of reservations‚ the start of the Californian gold rush‚ the weapons that both the sides used during war‚ and the actual wars that made up the plains war.
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By: Masibag‚ Kristine Chelumaine Bachelor in Communication Research 3-1 iskWATER (Documentary movie) By Nash H. Anggahan Nash H. Anggahan is proud PUP Student with great skills and knowledge. Aside from having these two components of being a great individual‚ this talented artist also has the heart to let the public be aware of the society’s different issues through his work of art. With perseverance and dedication he has come up with a documentary masterpiece
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Topic Topics 1 and 2 Introduction and Legal skills Seminar question given to students In 1998 the Federal Parliament appointed a special committee to look into the magpie problem. After months of serious investigation‚ the committee presented its report to Parliament. The following is an extract from the report We have heard a great deal of evidence and we are satisfied that there is a need for strong legislation to protect the Australian public from magpies during the breeding season ... None of
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