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Golden Rule (law)
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy. The rule can be applied in two different ways, named respectively the ''narrow approach'' and the ''broad approach''. Meaning The golden rule arises out of two fundamental principles: that courts must interpret statute "according to the intent of them that made it", and that "the words of the statute speak the intention of the Legislature"., per Tindal CJ at 809. As a result, the text of the statute as a whole provides the context in which a given provision should be interpreted when resolving textual difficulties. This was first articulated by Burton J in the Irish case of ''Warburton v Loveland'' in 1828: This was affirmed by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Approach
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heydon's Case
''Heydon's Case'' (1584is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation. The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered. Facts of the case This is a construction of leases, life estates, and statutes. Ottery College, a religious college, gave a tenancy in a manor also called Ottery to a man, Ware, and his son, also referred to as Ware. They are referred to in the case report as "Ware the father and Ware the son".England and Wales High Court (Exchequer Court)Heydon's Case (1584) EWHC Exch J36 (1 January 1584), paragraph 2, accessed 17 December 2022 The tenancy was established by copyhold. Ware and his son held their copyhold for their lives, subject to the will of the lord and the custom of the manor. The Wares’ copyhold was part of a parcel also occupied by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mischief Rule
The mischief rule is one of three rules of statutory interpretation traditionally applied by English courts, the other two being the "plain meaning rule" (also known as the "literal rule") and the " golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the court in ruling in a manner which will "suppress the mischief, and advance the remedy". The rule considers not only the exact wording of the statute, but also the legislators' intentions in enacting it. In applying the rule, the court is essentially asking whether parliament in enacting the statute intended to rectify a particular mischief, even though it might not be covered by a literal reading of the statute's wording. For example, if a law prohibits a specific behaviour "in the street", the legislators might – or might not – have intended the same behaviour on a first-floor balcony overlooking the roadway to be covered. The rule was first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
RAF Marham
RAF Marham is a Royal Air Force station and military airbase near the village of Marham in the English county of Norfolk, East Anglia. It is home to No. 138 Expeditionary Air Wing (138 EAW) and, as such, is one of the RAF's "Main Operating Bases" (MOB). Since 6 June 2018, it has been home to the fifth generation Lockheed Martin F-35B Lightning operated by No. 617 (The Dambusters) Squadron. No. 207 Squadron, becoming the second Lightning squadron to be based at RAF Marham when it reformed on 1 August 2019 as the F-35 Operational Conversion Unit. History Beginnings (1916–1919) Opened in August 1916 close to the former Royal Naval Air Station Narborough, later RAF Narborough, the Marham base was originally a military night landing ground on an site within the boundary of the present day RAF Marham. In 1916, the aerodrome was handed over to the Royal Flying Corps (RFC). Throughout the First World War, Marham's role was focused on defending Norfolk from Zeppelin raids. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estates Of Deceased Persons (Forfeiture Rule And Law Of Succession) Act 2011
The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (c. 7) is an Act of the Parliament of the United Kingdom altering the rules on inheritance in England and Wales. Under the forfeiture rule of English common law, a person may not inherit from someone whom he or she has unlawfully killed. In 2000 the Court of Appeal used that rule to disinherit not only a murderer but also the murderer’s descendants. The Law Commission published a consultation paper covering the issue in October 2003 followed by a final report on 27 July 2005. Their recommendations became the basis for this Act. Under the Act, if a person loses their right to inheritance through the forfeiture rule, or through disclaiming it, that person is to be treated (for purposes of determining inheritance) as having died immediately prior to the testator or the intestate. The Act amends the Administration of Estates Act 1925 and Wills Act 1837 accordingly. The Act received its Royal Assen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forfeiture Act 1982
Under the English common law rule known as the 'forfeiture rule', a person who has unlawfully killed another is barred from acquiring any benefit as a consequence of the killing, and all inheritance and other rights are normally forfeit. The Forfeiture Act 1982 (c. 34) is an Act of Parliament of the United Kingdom which allows the court to relax or to set aside operation of the rigid common law rule where "the justice of the case" so requires (other than to benefit a murderer). Contents Under section 1(1) the 'forfeiture rule' is defined as "the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing". Section 2 provides: Section 5 prevents the court from relaxing or setting aside the normal forfeiture rule to benefit a person who has been convicted of murder. See also * Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 * Slayer rule The slayer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intestacy
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration Of Estates Act 1925
The Administration of Estates Act 1925 is an Act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales. Principal reforms All authority that a personal representative had with respect to chattels real (such as fixtures) was extended to cover any matter dealing with real estate as well. With respect to the property of any estate (excepting entailed interests), there were abolished: :* all existing rules of descent (whether arising from the common law, custom, gavelkind, Borough English or otherwise) :* tenancy by the curtesy and any other estate a husband may have where his wife dies intestate :* dower, freebench and any other estate a wife may have where her husband dies intestate :* escheat to the Crown, the Duchy of Lancaster, the Duchy of Cornwall, or to a mesne lord The rules governing the distribution of intestate estates were replaced by a single statutory fram ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. Bigamy is a crime in most countries that recognise only monogamous marriages. When it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, with a few exceptions (suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
