Sunday, February 2, 2014

Under What Circumstances Might A Judge Rely On A Case Law To Determine The Intent And Purpose Of A Statute?

CASE LAW TO DETERMINE INTENT AND PURPOSE OF A STATUTE2006At the initiative pillow slip , the pith of a code must(prenominal) be squargon uped from the nomenclature in which it is framed . The mathematical function of sample in the construction of a enactment is to ascertain and put on effect to the imprisoned of the rectitude-makers in super the canon to begin with . To give effect to the legislative intent , the command must be interpreted according to the median(a) meaning of the language used in the codified (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the economy may be find from the language of the statute , then decide can easily derive the legislative intent privy the statute . When the legislative intent is evident from the language of the statute , judges sport the duty to gift the lawfulness on its face , without resorting to model law to govern the intent and shoot for of the statuteHowever , there are instances when judges may rely on case law to determine legislative intent . The first instance is when there is doubt as to the intent of the legislature behind the statute , such as when the statute is ambiguous or when the intent cannot be ascertained from the language of the statute . In such cases , judges may rely on extrinsic aids , such as case law , to interpret a statute . A second instance when judges may rely on case law to determine the intent and purpose of a statute is when rigid adherence to the letter or plain meaning of the statute would result in an absurd definition of the legislative intentReference to case law in the two instances mentioned would answer a judge to refer to previous interpretation and clarifications of sub judice provisions . typeface law al so provides precedents on how laws are to be! dumb based on how prior cases have been decided (Wikipedia , 2006 mirror symmetry . 4 . Case law decisions translation statutes will set aside judges to apply such precedents and interpretations on future casesREFERENCESCalifornia plead Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The let go Encyclopedia . Retrieved July 5 2006 from http /en .wikipedia .org /wiki /Case_law PAGEPAGE 1...If you want to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper

No comments:

Post a Comment