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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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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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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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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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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Chapter 3: Moral Analysis and Legal Requirements Question: How do we find an equitable‚ fair-to-all balance between financial performance and social performance when faced with those conditions then how do we logically convince others to both understand and accept that balance? Hobbes proposed that men and women were supposed to obey the law and it was up to the government authority to set the law. Even if they do not like the law‚ you have to accept them. If humans continue to look over
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GROUP 1 – 2ND QUESTION Why is the purposive approach towards statutory interpretation the preferred principle to be applied in the interpretation of Constitution instruments and legislation in the Caribbean? The doctrine of Separation of Powers is enshrined in the Constitutions of the Commonwealth Caribbean providing power to the legislature to make laws while providing the authority to the judiciary to interpret the laws. The interpretation of statutes is important as it helps establish judicial
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For many years statutory rape has been a main issue across the whole United States. There are many different and types of statutory rapes depending on what state it was committed in and exact details of the encounter. Now we do not believe in all types of statutory rape being right because there are all different kinds of them as we have said before. some of them are where innocent minors have been tortured and harmed purposely and we grieve and pray for them‚ but the ones who allowed it are the
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behind this request is that the employee wants a higher take home package. [ He will get his the amount from his reduced PF deductions plus the employer’s reduced contributions as increased take home (net) sal.] What are the implications from a statutory standpoint to implementing this change? Appreciate some inputs on this Regards Dear All‚ As per statute the company is bound to pay PF contribution upto rs 6500/- but beyond the said amount it is absolutely company’s discretion to pay or not
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