Interpretation Of Law ( Rules ) Law School Assignment

849 words - 4 pages

Question 1
The rules of interpretation
I. The literal rule
Actual words used by legislature
The court should interpret the words of the statute in their:
Grammatical or
Literal meaning
Devenish: the literal method is problematic and flawed as words can be interpreted in different ways

II. The Golden Rule
Where the literal rule is inadequate and
Where applying the literal rule would lead to a result which is absurd, unjust or inconsistent with the provisions of the statute
Devenish: criticises this rule saying that “what seems an absurdity to one man might not necessarily seem absurd to another”
Venter v R: the golden rule provides that the ordinary meaning of the words must be followed, unless this would lead to obscurity

III. The Mischief Rule
Applied in instances of ambiguity
To discover the true meaning of the word the interpreter must consider the situation prior to and during the passing of the Act to interpret the obscure or ambiguous provision
To determine the reason behind the promulgation of the legislation (or the intention of the legislature) the court may consider the mischief that the statute was designed to remedy

Mischief rule formulated in Heydon’s case:
What was the common law before the passing of the Act
What was the common law lacking – or what was the mischief or defect for which the common law did not provide
What remedy parliament had resolved and appointed to cure the disease of the commonwealth
The true reason for the remedy

NB: The textual approach = literal rule and the golden rule
The contextual approach = mischief rule


i. Par 76$77 reflect a contextual Approach, which means that the meaning of a provision is determined either by reading its words, language or the provision itself in context
It is a theory of statutory interpretation which provides that the meaning of an enacted provision and its words and languages can only be determined considering its context or backgrounds conditions

ii. Judge Nicholson went beyond his Authority and commented on the cauldron of political issues that beset the case

1.3 First and foremost, a comparison between the Constitution and ordinary statutes, reveals a striking commonness or commonality. his does not, however, come as a surprise, since both ordinary statutes and the Constitution are enacted law texts, which means they belong to the same text genre(s). As a result, the logic that Differences and Similarities Between Constitutional Interpretation and Ordinary Statutory Interpretation, is that the strategies and justifications for their interpretation will also have much in common. Nevertheless, statutes and the Constitution are significantly and consequently different in certain...

Find Another Essay On Interpretation of Law ( Rules ) - Law School - Assignment

Law School Essay

1550 words - 6 pages Law School Perhaps one of the most difficult aspects of the practice of law is learning to be a lawyer. Virtually every new lawyer today is a graduate of law school, a much dreaded, but fulfilling journey to practicing law. Modern law schools differ greatly from their earlier counterpart, in that many more requirements and responsibilities exist. In colonial times, students pursuing a career in law would enter institutions for

law assignment

980 words - 4 pages artificial person created by law to achieve the objectives for which it is formed. A company exists only in the contemplation of law. It is artificial person in the sense that it is created by a process other than natural birth and does not possess the physical attributes of a natural person.It is invisible, intangible, immortal and exists only in the eyes of law. It has no body, no soul and no conscience; it is regarded as an artificial person.4

Corporate Law Ethics Reflection - University of Sydney, Corporations Law - Assignment

1691 words - 7 pages ] This astigmatic interpretation may attenuate Jacinta’s personal set of values, attached to concerns for the welfare of the company’s broader stakeholders, to which Progressive (Communitarian) theorists argue is equally imperative.[footnoteRef:8] [6: Alice Belcher, ‘Gendered Company: Views of Corporate Governance at the Institute of Directors’ (1997) 5 Feminist Legal Studies 57; Peta Spender, ‘Women and the Epistemology of Corporations Law’ (1995

Law School Letter

811 words - 4 pages court cases. Here I learned that while one aspect of the law is meant to prevent wrongdoing, it can also be used in a rehabilitative fashion after the fact. This made me respect the law even more. During one of these court cases I realized this, and my decision to apply to law school became automatic. Because I worked during my senior year of high school and all throughout college I was not able to focus on my grades as much as I would have liked

Law School Admissions Essay

1044 words - 4 pages firm, a small law firm, a health insurance company, with the Department of Interior, and the Department of the United States Army. I am assertive, very-well organized, disciplined, cooperative, communicative, confident, responsible, and committed while maintaining a healthy interpersonal relationship with personnel, leaders, subordinates and customers. My future professional goal is to enter a Law School University which will provide me with

Law School Admissions Essays

776 words - 4 pages Early in my life I was never attracted to the idea of being a lawyer. I was not interested in the romanticized drama and style of Law and Order. Instead I was captivated with the idea of helping others. I volunteered a great deal within my high school and during my time and Ohio University. My interest in law began to grow through my high school debate team, but it flourished greatly when I realized that I could intermingle my passions of civic

Law School Admission Essay

672 words - 3 pages of law in the business world. I now want to pursue a law degree from your university so that I can develop my professional skills with further knowledge of the legal aspects involved.I would appreciate both the opportunity of acquiring knowledge in the field of studying languages as well as the possibility of studying law. The ideas obtained and projects completed during the studies could be used to analyze and compare different cultures and

Rules by Law in the United States

719 words - 3 pages Our Founding Fathers were very clear on exactly how they wanted our government to be ran, and that was basically by the people. The choice was to be rule of law instead of men for many great and outstanding reasons. We shall have a voice in the government of where we live, we shall set limitations for the government. We will try to come to an agreement unlike other countries. Having just one ruler to set regulations will never be the right

Property Law assignment - Essay

1282 words - 6 pages any legal discourse on the system of property rules.[footnoteRef:19] [14: Abraham Bell, Gideon Parchomovsky, ‘A theory of property’, (2005) 9(3) Cornell Law Review, 545.] [15: Ibid.] [16: Ibid; A.M. Honore, Ownership, in ESSAYS IN JURISPRUDENCE 107 (A.G. Guest, ed. 1961).] [17: Above n 14, 546.] [18: Henry E. Smith, ‘Property is not just a bundle of rights’ (2011) 8(3) Econon Journal Watch 287] [19: Above n 1, 138.] The bundle of

Business Law Assignment

1108 words - 4 pages potential or its hidden assets and liabilities. But in contemporary world the deception is very common and in everyday life every second human becomes a victim of some deceptive purchase or mislead purchase. Ideal rules of corporate law should be consistent. A rule barring deception might be expected to increase the ex ante value because customers would pay to eliminate the risk of conflict transactions at desired prices. Conversely, one could

Carl Williams Law Assignment

2399 words - 10 pages 21 years jail for the murder of Michael Marshal.” meaning that the judgment of the court found that Carl Williams was guilty of the drug trafficking offence and is also serving a minimum of 21 years for the murder of Michael which he was found guilty. Section 4 Case Analysis SummaryINVESTIGATION(i)Why does this law exist?Murder is considered to be one of the most serious crimes it also has one of the most highest penalties in the court system

Similar Essays

General Rules Of Contract Law Essay

2125 words - 9 pages 1.0 Introduction In this Essay we will be discussing of what does a consideration consist of and how to recognise the element that is influencing the court’s decision when the issue come in relation to perform their exiting duties. We shall also discuss what are the general rules when comes for the formation of a contract and what are the different solutions when comes to the breaching of a contract with example of some cases. This topic need an

Ucla School Of Law Essay

833 words - 3 pages Applying to UCLA School of Law      The University of California, Los Angeles, established in 1949, is a public institution that is recognized as one of the nation’s top law schools. The UCLA School of Law is acknowledged worldwide as a model of academic rigor and diversity, and distinguishes itself from other nationally ranked law schools by having established itself as the youngest. The school’s mission is to strive

Being Rules Under Rule Of Law

1071 words - 5 pages our nations to change and go another way with our leadership and the way we run our country. The rule of law is required by the government to exercise its power with clearly written rules, legal principles, and regulations. In a rule of law system the government keeps guidelines, our constitution, setting our way of governing. In the other Countries they don’t always agree with the way we rule and vice versa. In Canada they are rules under

Constitutional Validity Of Delegated Legislation Law School Assignment

2081 words - 9 pages crucial for the success of any nation. According to the traditional theory, the function of the executive is administering the law enacted by the legislature and in ideal state the legislative power must be exclusively dealt by the legislature[footnoteRef:1]. But due to the increase in the administrative function and shifting of the concept to welfare state, they have to perform certain legislative functions[footnoteRef:2]. [1: SP Sathe