Literal Rule The literal rule is the primary rule which takes precedence over the others. Words and phrases should be construed by the courts in their ordinary sense‚ and the ordinary rules of grammar and punctuation should be applied. If‚ applying this rule‚ a clear meaning appears‚ then this must be applied‚ and the courts will not inquire whether what the statute says represents the intention of the legislature: ‘The intention of Parliament is not to be judged by what is in its mind‚ but
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United states. Reynolds George was married to Mary Ann but at the same time he married Amelia Jane Schofield. For the federal law‚ the federal anti-bigamy statute‚ you can not marry two women at the same time. You are considered guilty of bigamy. Reynolds had broken the law but he was a member of the Church of Jesus Christ of Latter Day Saints and for his religion he could marry multiple women. Reynold argued that the law was unconstitutional because
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ABSTRACT This paper concerns itself with the case law Sarla Mudgal v. Union of India‚ AIR 1995 SC 1531. It is a review of the above mentioned case. The case holds extreme importance as it laid down principles against the practice of solemnizing second marriage by conversion to Islam‚ with first marriage not being dissolved‚ followed by Hindu husbands. This paper briefly states the facts of the case‚ issues raised in the case and discusses relevant laws applied in the case‚ decisions and analysis
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Assignment two With specific reference to the case of grey v Pearson (1857)6 hlc‚ discuss the scope and ambit of the golden rule Golden Rule In law‚ the Golden rule‚ or British rule‚ is a form of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” (also known as the “literal rule”) and the “mischief rule.” The golden rule allows a judge to depart from a word ’s normal meaning in order to avoid an absurd result1. The term “golden rule” seems
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established. The issue was whether or not the federal anti-bigamy statute violated the First Amendment ’s free exercise clause because plural marriage was part of religious practice? Chief Justice Morrison R. Waite stated that the law can penalize criminal activity without regard to religious belief. The First Amendment defended religious belief; however it did not protect religious practices that could be seen as an unlawful offense such as bigamy. Waite went further to state that “those who practiced
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Charlotte Bronte’s novel‚ “Jane Eyre” and William Shakespeare’s play‚ “Much Ado about Nothing”‚ both focus on the themes of love; “Jane Eyre” was written in 1851‚ the Victorian era whereas “Much Ado about Nothing” was written in 1599‚ the Elizabethan era. Although there may be over hundreds of years between them‚ both texts exhibit the ways the difficulties of love can be explored. Both texts imply that there will be difficulties as the relationships are established. Charlotte Bronte presents
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process by which a Court states that a marriage never legally existed. An annulment must be based on mental illness‚ fraud‚ forced consent‚ physical incapacity to consummate the marriage‚ lack of consent to underage marriage or bigamy. Children of a marriage annulled for bigamy or mental illness are legitimate. In anullment cases‚ the court may award custody of children of the marriage and require payment of child support and support of a party. Annulment is different from divorce. But what would happen
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she confessed that in 2005 out of sheer desperation‚ she got the marriage license from Cavite with someone’s help and paid for the marriage certificate from an office near the city hall of Manila. Ester’s father said that he would file charges of bigamy against Roy if he marries Teresa. The documents are forgeries but they are part of the official records of the Manila Civil Registry
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The Style and Genre of Lady Audley’s Secret Lady Audley’s Secret‚ by Mary Elizabeth Braddon‚ is a novel of many elements. It has been placed in many different style or genre categories since its publication. I feel that it best fits under the melodrama or sensational genre‚ and under the subgenre of mystery. It contains significant elements of both types of writing‚ so I feel it is best to recognize both‚ keeping in mind that melodrama is its main device and mystery is a type
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Aznar vs. Garcia Facts: Edward Christensen was born in new York but migrated to California where he resided for a period of 9 years. In 1913‚ he came to the Philippines where he became a domiciliary until his death. In his will‚ he instituted an acknowledged natural daughter‚. Maria lucy Christensen (legitimate)‚ as his only heir‚ but left a legacy sum of money in favor‚ of Helen Christensen Garcia (illigetimate). Counsel for Helen claims that under article 16‚ paragraph 2 of the civil code‚ California
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