Assignment 01 Introduction The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Consequently the process of
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Research Plan: Statutory Interpretation We will analyze potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing. I. Statutory Interpretation a. What will we need to research in order to properly analyze avenues for potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing? i. Background for understanding statutory interpretation: 1. What are the basic
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Statutory Interpretation Anthony Thompson-North Statutory interpretation is the process of interpreting and applying 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 most cases‚ there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. To find the meanings of statutes‚ judges use various
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P5: Outline the rules for Statutory Interpretation Judges are highly qualified professionals that enforce the law in court while dealing with cases but sometimes‚ judges need help understanding the law that has been put in place by Parliament. Statutory interpretation helps judges in court understand a piece of delegated legislation when the words are unclear. There are a few reasons why the meaning of an Act may be uncertain: • If during the making of the Act‚ Parliament failed to notice any error
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towards this development of the legal system to a certain extent‚ through their decisions made within the parameters of certain doctrines that provide consistency and guidance (Lewis‚ 2012). Two such doctrines are the judicial precedent and the statutory interpretation. The judicial precedent is a major source of law that follows a Latin phrase “stare decisis” which refers to the obligation of courts to honor past precedents (Tufal‚ 2012). These past precedents are able to affect the development of law
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Aims and Outcomes I will describe how precedents are applied in court and explain the rules of statutory interpretation. Firstly I will explain what a precedent is. Precedent “In common law legal systems‚ a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts” Example Let’s say that a Court establishes that it is illegal for people to smoke or be in possession of Tobacco
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Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ‚the Court does two things here. Translation is what happens first‚ here they decide what the word means‚ then secondly they apply the correct meaning to the situation in question and decide on the results (in terms of the intention
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Marxist Interpretation “Everyday Use” is a great example of a Marxist theory. From the beginning paragraphs of the short story‚ one notices the tell-tale signs of Marxism with class differences and the oppression of the lower and working class. The Marxist theory is primarily shown through Dee’s education opportunity that the rest of her family doesn’t have and how she treats her family afterwards. Even today‚ higher education is seen as a symbol of success‚ fortune‚ status‚ and power. Most people
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Statutory Rape I. Definition A. Rape 1. Crime‚ committed by a man or woman‚ of forcing another person to have sexual intercourse with him/her‚ esp. by the threat or use of violence. B. Statutory rape 1. In some jurisdictions- sexual activities below the age required to legally consent to the behavior‚ it can also be charged with sexual behaviors with two under aged minors. II. History and Victims A. When did rape start? 1. Rape has always been a problem‚ but more so now
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process differs among states‚ but the result is dangerous‚ in that adult sanctions‚ including prison‚ now apply. In Florida‚ the transfer provisions fall into three general categories: Judicial waiver‚ Concurrent jurisdiction‚ and Statutory exclusion. Florida’s Statutory exclusion states that the State’s Attorney must file charges directly in the criminal division of the circuit court against any child who meets various age/offense criteria specified by statute (The Florida legislature‚ 2017). Florida’s
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