StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

The Principles and Rules used by Jundges to Interpret Statutes - Essay Example

Comments (0) Cite this document
Summary
The principles and rules used by judges to interpret statutes Contents Introduction 1 Judges and the Law 2 Derek’s Position: Discussion 3 Defining an Employee 5 Conclusion 7 8 Bibliography 8 Introduction The statutes of the law are interpreted by judges through a parameter of fixed rules and principles through which the statues are applied to specific situations…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.8% of users find it useful
The Principles and Rules used by Jundges to Interpret Statutes
Read Text Preview

Extract of sample "The Principles and Rules used by Jundges to Interpret Statutes"

Download file to see previous pages According to the fictitious Act that has been used for his arrest, if Derek is defined as an employee than he is considered exempt, but if by throwing a party he has acted independently of that definition, then he is guilty of the charges. The following discussion will consider the position of Derek in relationship with his charged offense and use the rules and principles that judges utilize in order to make a judgement about the problem of the party. The definition of Derek’s position in relationship to his use of the land is vital in order to come to a well rendered conclusion. Judges and the Law The interpretation of a law becomes common law when a statute does not directly address an aspect of a situation that comes for judgment and a ruling will help to define that aspect. A judge, however, will not come into contradiction with a standing law in order to favor a different outcome to a trial (Miller and Cross 2011, p. 12). The intention of this structure is so that the law is consistent to the point at which it has already been defined, but is flexible at the points that have yet to be defined. In this way, the law grows and benefits from the learning process as human experience is developed and knowledge is gained. One of the most debatable positions on the standard of the rights of judges to debate the merits of law is through the “the rule in Heydon’s Case” which was defined in 1584. Lord Coke said at that time that “The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions, and evasion for continuance of the mischief and pro private commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico” (Solan 2010). This statement, whether or not one believed in the context from which it was created, clearly states that the law is the intention of interpretations by judges. There are fixed rules and principles by which law is interpreted by judges in England in order to put limitations on the liberties that judges might use when interpreting statutes. A statute must be interpreted with equity so that the fairness of the law is the defining principle upon which it is interpreted. Where case law and legislative law come into conflict, Parliamentary Sovereignty is the ruling principle in which legislation will be considered over case law. Substantive law dictates that a law must be defined by standards of moral intent that are in line with the general understanding of right and wrong. Deference suggests that where others have interpreted law in one direction, it is likely that the law should continue in that direction of interpretation (Smith 1848, p. 828). Derek’s Position: Discussion The fictitious Prohibition of Unsolicited Parties Act 2010 suggests that ‘a gathering of more than a hundred people on land for a social purpose in which alcohol will be consumed’ (section 1) is a criminal offense when permission for this event has not been organised under the permission of a local magistrate (section 2). The exception to this, which is laid out in section 3 is that the occupant of the land, his family, his employee, or an agent operating under his ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Principles and Rules used by Jundges to Interpret Statutes Essay”, n.d.)
Retrieved from https://studentshare.org/law/1441043-sxl1114-2114-law-for-non-lawyers
(The Principles and Rules Used by Jundges to Interpret Statutes Essay)
https://studentshare.org/law/1441043-sxl1114-2114-law-for-non-lawyers.
“The Principles and Rules Used by Jundges to Interpret Statutes Essay”, n.d. https://studentshare.org/law/1441043-sxl1114-2114-law-for-non-lawyers.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Principles and Rules used by Jundges to Interpret Statutes

The Transformation of Management Principles in Ernst and Yong

The world is becoming a global village. The evolution process has changed the face of the earth and all her nations. The economy has changed and so have the governing principles on which they are based. Hence, the managing techniques for the betterment of quality in living and communication have undergone metamorphosis too. At the workplace, change is a constant factor; growth and progress are prerequisites to survival in a competitive atmosphere. The process of adaptation and reformation happens at various levels and varied paces in each organization. How commercial organizations and the people within the organizations, transformed while contributing themselves to transformations, can be understood through case studies of various...
8 Pages (2000 words) Case Study

Activities and Principles of Ethnography

"In it’s the most characteristic form it involves the ethnographer participating, overtly or covertly, in people’s daily lives for an extended period of time, watching what happens, listening to what is said, asking questions - in fact, collecting whatever data are available to throw light on the issues that are the focus of the research. Equally, though, as we shall suggest later, there is a sense in which all social researchers are participant observers; and, as a result, the boundaries around ethnography are necessarily unclear" (Hammersley and Atkinson, 1995, Pg 1-2)
One difficulty with the notion of ethnography is that it may seem a residual category. It is associated with the study of people, not ourselves,...
14 Pages (3500 words) Assignment

Practices and Principles of Adult Nursing

These would gradually reduce her little depression and give her more hope over her life. And also one fact should be noted that she is a 65-year-old woman, so she still has chances of recovery.

Osteoarthritis: The National Institute of Arthritis and Musculoskeletal and Skin Diseases has this definition for Osteoarthritis as “ Is the most common type of arthritis, especially among older people. Sometimes it is called degenerative joint disease or osteoarthrosis. Osteoarthritis is a joint disease that mostly affects cartilage. Cartilage is the slippery tissue that covers the ends of bones in a joint. Healthy cartilage allows bones to glide over one another. It also absorbs energy from the shock of physical activity&...
9 Pages (2250 words) Assignment

Human Performance: Theories and Principles of Motivation

I have been assigned two HRM consultants who are busy designing the motivation questionnaire to be administered to all the group employees. However, this also gave me an opportunity to reflect over my personal strengths and weaknesses as I would soon have the most responsible task of convincing the top management about the contents of the questionnaire and the finalization of motivation report and its possible uses in the group in the formulation of exact policies and tactics to improve employee morale. My immediate boss gave me this entire assignment breaking the line structure and formalized it by getting it ratified by the board. He also built an incentive and bonus deal for me to be awarded on the successful completion of the...
12 Pages (3000 words) Case Study

The Assessment Related Principles of Teaching

...Evaluation In the assessment related principles of teaching, the assessment toll should match with performance objective. a) Which assessment tool touse, which test to formulate must be based on our performance objective. If our assessment tool is aligned with our performance objective, we can claim that our assessment tool is valid. In the concrete, this means that if we want to teach our students how to make Shrewsbury biscuits, we simply let them work with their kitchen equipments and see them bake. Our performance test is aligned with our performance objective, therefore it is valid. If , however, we make use of a written test and ask our students to write down the steps of baking Shrewsbury biscuits, from the very beginning...
10 Pages (2500 words) Assignment

Ethical Dilemma, Professional Organizations Issue Rules and Regulations

The Samaritan in the Holy Bible was also just another passer-by like the trekkers in SADHU but he behaved unlike these trekkers and also did not ignore his duties as a human being. The priest and the temple assistant are supposed to be in service of the Lord but they did not understand that to serve another human being is the biggest service to the lord. The Samaritan, despite his schedules, spent time and effort in providing comfort to a dying man. He fulfilled his duty by bringing him back to the inn on his own donkey, and while departing ensured that the Jew was fully taken care of. The actors in SADHU did show some concern but only to the extent, their schedules were not hampered.

Being ethical is to be dutiful and...
6 Pages (1500 words) Assignment

Corporate Governance: The OECD Principles of 1999

The OECD report applies mainly to those corporations whose stock is publicly traded rather than to private corporations. However, the King Report on corporate governance that was put forth in 2002 takes into account the corporate scandals that have occurred. Therefore it focuses on corporate governance within individual firms and includes the scope of Director responsibilities and duties of the Board. It also allows for the impact of technology and its impact on corporate governance. Therefore, while the OECD approach is broad-based, the approach is company-specific in the King Report. Moreover, the OECD report does not take into account individual director responsibilities or the impact of technology like the King report.
9 Pages (2250 words) Term Paper

Principles of Criminal Law

...Principles of Criminal law Discuss the criminal liability of Susan Introduction: Susan had stolen a DVD from the stores and while leaving with the stolen goods under her jacket, she was caught by a store detective. Under normal circumstances, this is a criminal act, but in this case, the possible extenuating circumstances may be in terms of the fact that she was intimidated by Gina with threats of Grievous Bodily Harm (GBH) if she refused to comply. The aspects of committing a crime involuntarily, under pressure and threats from some body, and under duress do arise in this case. The criminal liability which may accrue to Susan is discussed here. Issues: 1. The main issue is the aspect of duress exercised by Gina over Susan in order...
7 Pages (1750 words) Case Study

An Evaluation of the Role That the Principles of Behaviour Therapy Have to Play in Clinical Hypnosis

Hamburg (2006) first used this combined effort to treat two patients who were scared of dying. He uses his paper to encourage clinicians to refrain from not using their knowledge at the introductory classes of hypnosis but to go into it deeper. Many therapists at that time were taking the bold step of combining behavior therapy with hypnosis (Chaves, 2006). One group used hypnosis for desensitization therapy (Kirsch et al, 1995). However, there was general disagreement about the manner of hypnosis being employed and the methods of mentalist constructs. Chaves who strongly believed in the treatment combination used it as a base for many of his therapeutic interventions (Chaves, 1997a as cited in Chaves, 2006). The hypnotic therapy...
8 Pages (2000 words) Article

Cultural Analysis: Rules of Engagements

... of Cultural Analysis: “Rules of Engagements (TV series)” Cultural Analysis The cultural analysis examines the role of one’s culture, assumptions, and point of views about different cultural aspects and probing into one’s thinking process and knowledge, as well as the reasons of such a thought and knowledge. There are four main elements of cultural analysis including production analysis, audience analysis, textual analysis, and historical analysis (of which the first three elements tend to change over time). Cultural analysis is based on using objective and subjective research methods in order to gather data on cultural processes so as to gain new knowledge and better understanding through analysis of that data. This is useful...
7 Pages (1750 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Principles and Rules used by Jundges to Interpret Statutes for FREE!

Contact Us