Two such doctrines are the judicial precedent and the statutory interpretation the judicial precedent is a major source of law that follows a latin phrase “stare decisis” which refers to the obligation of courts to honor past precedents (tufal, 2012. Statutory interpretation 6 si theories 6 si approach 9 cases 11 admin intro 14 history 14 policy debates 15 law 17 outsize influence of business groups free riders – rational people won’t participate at all rule of law: statutory meaning should be predictable, accessible, and neutrally applied. ~~ statutory interpretation picture box ~~ once parliament has passed an act, it then falls to the courts to apply the statute in a particular case this can lead to difficulties where the facts of the case may not have been envisaged by parliament or where there exist drafting errors or ambiguity in the statute. Statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute alexis w gives her own definition of this by stating that “statutory interpretation refers to the process by which a court looks at a statute and determines what it means.
Since the court’s interpretation of the law determines how they apply it eg in criminal law for purposes of sentencing, the interpretation of the law continues to be a major cause of appeals and a major driving force for litigation. Sources of statutory interpretation principles as found in the relevant interpretation legislation and case law fundamental common law rules the role of explanatory notes, second reading speeches and other extrinsic material. Definitions common law is defined as law that has been developed on the basis of preceding rulings by judges statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society. Mallor - chapter 01 #29 30 (p 15) which of the following statements regarding statutory interpretation is most accurate a statutes are easier to interpret than case law b legislators may deliberately use ambiguous language in writing a statute when they are unwilling or unable to deal specifically with every situation that the statute was enacted to regulate.
Statutory interpretation is the act or process of interpreting and applying legislation it is the principles developed by courts for interpreting statutes this is also referred to as statutory construction. Statutory interpretation has to give due regard to the constitution this imposes a vale-laden framework on the interpretation of legislative text section 39 (2) of the constitution specifically deals with the interpretation of legislation and it provides as follows. Learn interpretation business law with free interactive flashcards choose from 500 different sets of interpretation business law flashcards on quizlet. Published: fri, 10 mar 2017 statutory interpretation abstract: the means of interpreting the acts of parliament by judges is called statutory interpretation common law: is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch the legal system of a common law states that, it is a partiality to handle likewise. An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights.
Start studying business law chapter 1,2,3 learn vocabulary, terms, and more with flashcards, games, and other study tools courts are not absolutely bound to favor one technique of statutory interpretation over another b courts can distinguish prior decisions in common law cases bob wants to do business with betty but he is. Harvard law review forum the appellate rule of lenity responding to abbe r gluck & richard a posner, statutory interpretation on the bench: a survey of forty-two judges on the federal courts of appeals jun 8, 2018 response by intisar a rabb civil rights severson v heartland woodcraft, inc seventh circuit rules that a multimonth leave of absence cannot be a reasonable accommodation. Tabl1710-business and the law full course notes this student studied: statutory interpretation assignment for commercial law - statutory interpretation assignment for commercial law message body anonymous (()) has shared a document from thinkswap with you. Statutory interpretation (7041): (formerly law 425) statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice it is also an area of vibrant intellectual debate, as scholars, supreme court. Statutory interpretation “a society governed by rules will also be governed by individuals who make, change, and enforce the law” (stychin & mulcahy, 2007, p11.
English law rules for statutory interpretation in the english law there are three rules that exist to assist a court in the interpretation of an act of parliament these rules are the most common approach in examining the meaning of the language used or the application to which the statute was intended or a combination of both. Notes interpretation of statutes ios201-6 1 general introduction 11 definition statutory interpretation as a subject of study is the body of rules and principles used to construct and justify the meaning of legislative provisions to be applied in practical situations 12. Boston, ma patrick t clendenen patrick clendenen practices in the business law and litigation areas he is a trial lawyer with significant experience in sophisticated business and fiduciary disputes, including contracts, consumer. Statutory law is the term used to define written laws, usually enacted by a legislative body statutory laws vary from regulatory or administrative laws that are passed by executive agencies, and common law, or the law created by prior court decisions.
This text is an adaptation of interpretation and use of legal sources – the laws of australia, designed for student and lecturer useit provides a comprehensive text for teaching and studying the law of statutory interpretation in australia as part of first year, elective and advanced undergraduate courses. Business law - statutory interpretation and judicial precedence essay as society’s dynamics of interaction evolves through time due to technology, globalization and unpredictable future events, the law that governs the society has to evolve as a result - business law - statutory interpretation and judicial precedence essay introduction. Heinonline -- 3 u kan l rev 1 1954-1955 kansas law review an evaluation of the rules of statutory interpretation quintin johnstone the rules of statutory interpretation are under attack as being.
Theories of statutory interpretation revision the following is a plain text extract of the pdf sample above, taken from our legislation and statutory interpretation outlinesthis text version has had its formatting removed so pay attention to its contents alone rather than its presentation. Statutory interpretation rules – acca corporate and business law (lw) (eng) leave a comment acca business law (eng) lectures download lw (eng) notes technical problems if you can't download lecture notes or have problems with watching lectures please visit the support page donate.