Using case law illustrations‚ explain how the literal rule of statutory interpretation operates and how the golden rule modifies the literal rule. Statutory interpretation is the process used by courts to interpret and apply legislation‚ although Acts of Parliament are written by expert draftsmen‚ the statute for the case before them may not be clear. Bennion (2005) has identified a number of issues that may cause uncertainty: The draftsman may refrain from using certain words as they think it
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EXCLUSIONARY RULE § 7.01 General Rule Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant. § 7.02 Exceptions to the Exclusionary Rule [A] Non-Trial Criminal Proceedings Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings‚ preliminary hearings‚ bail proceedings‚ sentencing‚ and proceedings to revoke parole. [B] Impeachment
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Buffett Rule The Buffett Rule is a tax measure that was voted on by the House of Representatives last Wednesday. I chose this article because part of our reading assignment this week was about the branches of the U.S. Government. I will explain what the purpose of the Buffett Rule is. Then I will explain how this rule is viewed by the Republican and Democratic parties. I will explain how the three different branches of our government are involved with this bill. The original intent of the Buffett
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Contemporaneity rule (The coincidence of actus reus and mens rea) It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time. This is sometimes referred to as the contemporaneity rule or the coincidence of actus reus and mens rea. However‚ the courts often apply a flexible approach in holding that the actus reus is a continuing act. Thabo-Meli v R [1954] 1 WLR 228 Privy Council The four appellants were convicted of murder. They
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An Unwritten Rule There are many rules that are followed in society today‚ whether they have been around for hundreds of years‚ or just natural instincts of kindness. They are not usually things people would get punished for if they did not follow‚ they are more of an act of respect. Things like holding the door open for people behind you‚ saying please and thank you‚ or not eating until everyone at the table has their food. These rules mostly come from what is taught to children at young age‚
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The Mischief Rule is a rule of construction that judges can apply in statutory interpretation in order to discover Parliament’s intention. In applying the rule‚ the court is essentially asking the question: what was the "mischief" that the previous law did not cover‚ which Parliament was seeking to remedy when it passed the law now being reviewed by the court? The Mischief Rule is of narrower application than the golden rule or the plain meaning rule‚ in that it can only be used to interpret a
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The rule was established by Anthony in the 19th century cases‚ starting with Adams v Lindsell (1818) B & Ald 681‚ which was later confirmed in Dunlop v Higgins (1848) 1 HL Cas 381‚ Household Fire Insurance Company v Grant (1879) 4 Ex D 216 and Henthorn v Fraser [1892] 2 Ch 27. The posting rule applies only to acceptance. Other contractual letters (such as one revoking the offer) do not take effect until the letter is delivered‚ as in Stevenson‚ Jacques & Co v McLean (1880) 5 QBD 346. The implication
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"RULES ARE THERE TO BE FOLLOWED. WITHOUT RULES NOTHING GETS DONE." It seems that in today’s world rules are everywhere. For instance‚ type a quick search for "rules" into the Google search engine and you will return over 604 million web pages that mention rules. One can find sites which outline rules on correct Internet usage to rules on ordering Mail Order Brides! Undoubtedly rules are quite important in the everyday running of our lives and yes‚ rules are there to be followed‚ but in my opinion
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Rules of Professional 1 Rules of Professional Ethics and Conduct Kay M. Massengill Strayer University ACC 499 Accounting Capstone Professor Randolph Stanley December 2‚ 2012 Rules of Professional 2 This research paper is on Rules of Professional Ethics and Conduct of the American Institute of Certified Public Accountants. They will be four cases that will be discussed
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School rules and regulations are made not to be broken. Rules are made for the safety and better welfare of the students in school. Another is to promote good behavior among students and to maintain the good image of the school. Parents send their children to school in order for them to learn not only academic values‚ but also moral values. Implementing school rules will help the students mold their character and values expected from them by other people. There are certain factors why nowadays
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