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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] |
Plain Meaning Rule
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the "mischief rule" and the " golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues. Additionally, it is the mechanism that underlies textualism and, to a certain extent, originalism. Meaning To avoid ambiguity, legislatures of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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] |
Plain Meaning
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the "mischief rule" and the " golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues. Additionally, it is the mechanism that underlies textualism and, to a certain extent, originalism. Meaning To avoid ambiguity, legislatures of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Street Offences Act 1959
The Street Offences Act 1959 (7 & 8 Eliz 2 c 57) is an Act of the Parliament of the United Kingdom concerning street prostitution. It was passed following the publication of the Wolfenden report which discussed the rise in street prostitution at the time. Until 2009, section 1(1) of the Street Offences Act 1959 used the old term "common prostitute" untiSection 16of the Policing and Crime Act 2009 amended it to replace the term "common prostitute" with "person". Section 2 - Procedure Section 2 of the Street Offences Act 1959 provided that a woman cautioned by a constable in respect of her conduct in a street or public place could apply by way of complaint to an authorised court. The rule was that the woman's complaint was to be heard and determined in camera, unless the woman desired that the proceedings should be conducted in public. Section 3 - Punishment of offences in connection with night cafes The provisions in sections 3(2) to (5) had effect in relation to the punishment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elmer Driedger
Elmer A. Driedger, (1913–1985) was a Canadian lawyer and a leading authority on statutory interpretation. He worked for the Canadian Department of Justice for over a quarter century, rising to Deputy Minister and later became a professor of law at the University of Ottawa. Early life Elmer A. Driedger was born in Osler, Saskatchewan, 14 January 1913 to a Mennonite family and grew up speaking German as well as English. He attended elementary school in Osler and high school in Rosthern. Education *He entered the University of Saskatchewan in 1929, receiving his B.A. degree in 1932 and his LL.B. degree in 1934. *He won a scholarship to the University of Marburg and studied there from 1934-1935: "The combination of his academic ability and German led to a scholarship at Marburg University, offered on somewhat the same criteria as the Rhodes scholarships" *Attended Kiel University in 1935; "political developments in Germany force his return to Canada a year so before the war." * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter And Spirit Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules, or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the tabletop role-playing game community. Legal research Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepper (Inspector Of Taxes) V Hart
Pepper or peppers may refer to: Food and spice * Piperaceae or the pepper family, a large family of flowering plant ** Black pepper * ''Capsicum'' or pepper, a genus of flowering plants in the nightshade family Solanaceae ** Bell pepper ** Chili pepper * Sichuan pepper, a strong spice *"Alder pepper", the flower of ''Alnus alnobetula'' Music * Pepper (band), a rock-reggae band originally from Hawaii * The Peppers, a French male instrumental group * "Pepper" (song), a 1996 song by Butthole Surfers * "Pepper", an instrumental song by Linkin Park from ''LP Underground 12'' People and fictional characters * Pepper (name), a list of people and fictional characters with either the given name or surname * Peppers (name), a list of people with the surname Science and technology * Pepper (cryptography), a secret value added before hashing * Pepper (robot), a humanoid robot by Aldebaran Robotics and SoftBank Mobile * PPAPI or Pepper Plugin API, an interface for web browser plugins S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner - more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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