A statute is a formal written enactment of a legislative authority that governs a state‚ city‚ or county. Typically‚ statutes command or prohibit something‚ or declare policy. Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases‚ there is some ambiguity or vagueness in the words of the statute
Premium Statutory law
NOTES Interpretation of Statutes IOS201-6 1. GENERAL INTRODUCTION 1.1. Definition Statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations. 1.2. Why can statutes not be interpreted in a mechanical or rule-like fashion? Many rules of interpretation overlap and cannot be neatly compartmentalised as: the circumstances and sets of facts will differ from case to case
Premium Law Common law
My Life and Statute of Frauds In 1677‚ the English Parliament passed the Statute of Frauds. It is a state statute under which certain types of contracts must be in writing to be enforceable. The primary purpose of the Statute of Frauds is to ensure that there is reliable evidence of the contracts and terms‚ and it is to prevent the possibility of a nonexistent agreement between two parties being "proved" by perjury or Fraud. There are 5 categories to which the contracts must to fall within the
Premium Contract
research examines the concept of the statute of limitations from a historical perspective. The research will set forth the origins of the concept in Western culture and its evolution from Roman to English law‚ and then discuss major features of its transfer and application in the American legal system‚ with a view toward identifying how it was viewed by various legal authorities in the US and various uses to which it has been put. The concept of the statute of limitations is deceptively simple
Premium Civil procedure Law Statutory law
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
Free
PROFESSOR DR. ULRICH BURGARD LEHRSTUHL FÜR BÜRGERLICHES RECHT‚ HANDELS- UND W IRTSCHAFTSRECHT‚ LAW AND ECONOMICS Compilation of German and European Statutes 7th Edition 03/2011 Content I. BASIC LAW ....................................................................................................................... 4 II. CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION ............... 40 III. CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
Premium Germany Human rights United States
The statute of fraud is defined as‚ “a law that requires that certain contracts be in writing‚ and that those contracts be signed by the parties who are to be bound by the contract”. [1] The policy that underpins the Statue of Frauds was established during the reign of King Charles II through a statutory enactment requiring a written record for specified types of contracts. [2] These specified types of contracts could not be enforced unless a memorandum of it is written and signed by the party to
Premium Law Contract Contract law
In different country‚ there are different types of legal system. [2] Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. [3] Malaysia practices the mixed legal system which consists of the Customary Law‚ Islamic Law and Common Law. [4] The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law. 5In Malaysian Legal System‚ the most important
Free Common law Law
English 12 AP In the play Hamlet‚ Prince Hamlet gave the one of most important soliloquy ever “To be‚ or not to be: that is the question:” this soliloquy is one of the best ever because of its location in the play and the devices and structures‚ Shakespeare used to amplify its meaning. The soliloquy is located in the Act 3‚ Scene 1‚ lines 64 to 98 and during the soliloquy‚ Hamlet is very troubled and in distressed about his future. Shakespeare magnified the placement of the soliloquy because first
Premium Poetry Hamlet Meaning of life
distracted‚ or negligent driving involves failing to exercise normal care‚ or endangering people or property‚ while driving a vehicle. Many states are adding to their statutes specific language prohibiting use of certain technologies while driving. Some states include negligent driving under reckless or impaired driving statutes so that defendants plead to the lesser negligent-driving charge to avoid the more serious charge. Reckless driving is a more serious form of careless or negligent driving
Premium Anger Driving Aggression