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Understanding Tort Law - Term Paper Example

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The author of the paper examines Tort law which is a section of the law of England and Wales that deals with civil crimes. Unlike criminal wrongs, civil wrongs are of state interest and hence the police force has a duty to enforce the law by arresting the wrongdoers.     …
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Understanding Tort Law
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Download file to see previous pages The law defines litter as an item that defaces the environment such as bottles, papers, and other such things. From the given scenario Jamal, Julia, and Juniata are arrested and convicted for littering. Later the three individuals made an appeal basing their argument on the fact that their mistakes were unintentional. Although the offenses were not intentional, the three individuals have a tort to answer before the court. To succeed in the prosecution the judges will apply statutory and law aids in the statutory interpretation to determine the verdict. Statutory interpretation is the process through which judges and magistrate interpret laws and statues in the law before applying them in decision-making. For the court to fulfill its purpose, it needs to interpret or decide the different meaning of the different statues contained in the law. Although the parliament has the responsibility of making laws, the court has the duty of deciding and applying the laws accordingly. In the interpretation process, UK courts apply some well-known conventions to avoid ambiguities. The court proceedings and operations have great significance on the importance of the different acts passed by the parliament. In the court, preceding the whole act will be read and from its title, the judges can determine the necessary objects. In the first case, Jamal dropped litter from a split shopping bag unintentionally. For the court to arrive at an appropriate decision, it needs to apply rules and other legal aids. The first important rule that the court is most likely to apply is the littering statute. Law against littering is a section of the environmental protection act of 1990 (Harlow, 2005). The law defines littering as an offense that attracts legal punishment. The section defines littering as discarding of litter in unauthorized public places with an exception of places allowed by the law. Jamal, junta, and Julia will be prosecuted under section 87 of the environmental Act if found guilty. To determine the verdict the court needs to interpret the act by first defining litter and littering.    ...Download file to see next pagesRead More
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