Rule is of narrower application than the golden rule or the plain meaning rule‚ in that it can only be used to interpret a statute and‚ strictly speaking‚ only when the statute was passed to remedy a defect in the common law. Legislative intent is determined by examining secondary sources‚ such as committee reports‚ treatises‚ law review articles and corresponding statutes. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively
Free Law Statutory law
Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. ANSWER: T PAGE: NAT: AACSB Analytic B1. 2 TYPE: AICPA Critical Thinking = An important function of the law is to provide jurisprudence. ANSWER: F PAGE: NAT: AACSB Reflective Thinking 2 TYPE: AICPA N Critical A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T
Premium Law Common law
COLLEGE OF LEGAL STUDIES ADMINISTRATIVE LAW PROJECT ON DOCTRINE OF EXCESSIVE DELEGATION SUBMITTED TO - SUBMITTED BY - Dr. R.K SINGH ABHISHEK DWIVEDI ASST. PROFESSOR 500017358 UPES Roll No: 04 B.A.‚ LLB
Premium Legislature Law Separation of powers
Constitution and Statute 1. Constitution = general charter‚ oldest living Constitution in the world – UK doesn’t have one and France is on 5th or 6th. Written in 1787 and took effect in 1789. 1791 is when Bill of Rights took effect. 1781 – 1789 Articles of Confederation. 1) Durability (enduring) 2) Amendments (difficult to amend – only 27 since 1789 and 17 since 1791 and 3 were forced on states so really only 14). 3) Constitution is anti-majoritarian unlike statutes – “We the People”
Premium Law United States Constitution United States
Canadian governments role in deciding whether or not to get involved in foreign combat following the first World War and the 1931 Statute of Westminster. Prior to the introduction of the Statute of Westminster in 1931‚ Canada along with other British colonies were required to declare war and deploy armed forces wartime. However‚ even with the establishment of the Statute of Westminster‚ which enabled parliament to be the decision-making body‚ Canada often continued to follow in the footsteps of Britain
Premium Canada United States World War II
THE ROYAL PREROGATIVE A WHAT IS THE PREROGATIVE? 1. This note seeks to describe as fully as possible the extent of the prerogative. However‚ as will become clear‚ the exact limits of the prerogative cannot be categorically defined. The note goes on to describe the way in which the exercise of prerogative power is controlled by Parliament and the Courts. 2. There is no single accepted definition of the prerogative. It is sometimes defined to mean all the common law‚ ie non-statutory
Premium Law Common law Statutory law
Related to the concept of precedent; Rule that a court should apply the same legal principle to the same set of facts and apply it to later cases that are similar 2. What is common law? Common law is found in the decisions of the courts rather than statutes; judge- made law 3. Who developed the Restatements of contracts and why? As a response to the volume of case law being decided in this country‚ a group of lawyers‚ judges‚ and law professors formed the American Law Institute ( ALI) in 1923. The
Premium Contract Common law Law
maltreatment of children under the age of 18. Some classify maltreatment as child abuse‚ while others classify it as neglect. State laws and statutes seem to add to this confusion as there is no one universal definition that is shared between the 50 states. Each state has their own definition of what constitutes as the maltreatment of a child. Sometimes the statutes and laws list child abuse as being physical actions‚ while others stipulate that physical‚ sexual‚ and emotional abuse constitutes as child
Premium Child abuse Neglect Psychological abuse
I. Electronic Communications Privacy Act The United States Congress passed the Electronic Communications Privacy Act (ECPA) in 1986 in order to broaden the government’s reach regarding wiretapping and electronic eavesdropping.1 Specifically‚ in addition to the wiretapping of telephone calls‚ this act allows
Premium Statutory law Law Court
state court system. The case was presented to the Florida Supreme Court on a certified question to resolve a case law conflict between sister courts of different appellate districts. The case initially arose from a violation two state criminal statutes‚ armed robbery and car-jacking The defendant /appellant appealed his conviction to the Third District Court of appeals in Florida on the basis that a conviction of armed robbery and carjacking under the same factual predicate amounted a violation
Premium Supreme Court of the United States United States United States Constitution