STATUTORY CONSTRUCTION PRELIMINARY CONSIDERATIONS 1. Statutory Construction - is the art or process of discovering and expounding meaning and intention of the authors of the law‚ where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law - is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text‚ conclusions which are in the spirit‚ though not
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actions as effectively as possible. There are two types of public services they are statutory and non-statutory services. The difference between a statutory and a non-statutory service is that a statutory service is paid by tax payers‚ funded by the government and is set up by the law. They are usually uniformed and highly professional an example would be the Emergency Services and the Armed Forces. A non-statutory service is a service that doesn’t receive a lot of government funding so they are paid
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STATUTORY INTERPRETATION TOPICS: Preliminaries Rules and approaches Aids to interpretation Impact of EU and HRA PRELIMINARIES Statutory interpretation is the way by which the parts of a statute are interpreted in order to understand what Parliament might have intended by passing that particular statute. Statutes are not user friendly. They are written in technical form and not too easy to understand (ambiguity). The words used in statues may have different meanings which indicate
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Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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The Ritz-Carlton Does Not Sell Hotel Rooms… The Ritz Carlton runs in a way that makes every single detail about the consumer and the consumer’s needs‚ wants‚ and expectations. Every decision that they make they make with the consumer in mind. They essentially are selling unsurpassed service to their patrons. The Ritz Carlton is very well-known for providing consistent service to its patrons in each of its locations throughout the world. They provide guests with high quality customer service
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Statutory duties Main statutory duties of a director are provided by s.132 • Where a director breaches common law duties‚ these statutory provisions impose criminal liabilities. • S.132(1) is a general provision that requires directors to act ‘honestly’ at all times and use reasonable diligence in the exercise of their powers. Any breach of fiduciary duty • Duty imposed on directors to avoid conflict of interest by not using confidential information they obtain by virtue of their position
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Statutory Rape Laws The term "statutory rape" is used when the government considers people under a certain age to be unable to give consent to sex and therefore consider sexual contact with them to be a rape. The age at which individuals are considered to give consent is called the age of consent. The age of consent can ranging from thirteen to twenty-one‚ depending on the limits set by each state in accordance with local standards of morality. Even sex that violates the age-of-consent laws
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In the 1890s‚ social divisions in America were at their lowest wages. The Industrial Revolution happened before labor laws. Children as young as eight were working fourteen hour shifts in factories. Wages decreased until unions appeared. There were three different class divisions; the rich class‚ the middle class‚ and the poor class. The rich class basically had what they wanted and they eventually became known as the nouveau riche‚ meaning “newly rich.” The nouveau riche made their money in
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STATUTORY INTERPRETATION What is the aim and why is it necessary? Statutory Interpretation is there to help judges with general words Parliament has passed‚ as some words can have different meanings. * Words very often have more than one meaning i.e. they can be ambiguous * A broad term may be used in a statute which can give rise to confusion and uncertainty * There may be errors or omissions when the statute is drafted * New developments in society can make the words used in
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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