Plain meaning rule

According to Merriam-Webster online, a rule is defined as, “a usually written order or direction made by a court regulating court practice or the action or parties, or a legal precept or doctrine.” Rules are a necessity for civilized society because without them everything would turn to chaos. Without rules and guidelines set by the government, people could do whatever they want whenever they want without any consequences. In Lord of The Flies, proper rules and punishments weren’t applied and everything slowly escalated to chaos. There would probably be mass murder, rape, theft, and much more happening at a much higher rate. Punishments serve as a deterrent to potential criminals to not commit crimes. In a society with laws, a potential criminal might not murder someone because he is afraid of said punishment. In a lawless…

argued that VLAD act violates the rights of certain associations throughout Queensland whilst also disregarding principles of the Rule of Law . Definition of a Vicious Lawless Associate Under Section 5 (1) of the VLAD Act, a person needs to satisfy three elements in order to be considered a vicious lawless associate. These include if the person (a) commits a declared offence and; (b) at the…

Neser first contends that the Board erred in looking beyond the text of the HCGPP to glean the intent of the provision involving call-in pay. Neser argues that the text is unambiguous, and as such the Board was unjustified in looking to extrinsic sources to discern the HCGPP’s meaning. We disagree. “‘The first step in determining legislative intent is to look at the statutory language and if the words of the statute, construed according to their common and everyday meaning, are clear and…

The mischief rule asks four questions; What was the common law before the making of the Act? What was the mischief and defect for which the common law did not provide? What was the remedy proposed by Parliament to rectify the situation? What was the true reason for that remedy?” A case which illustrates the mischief rule is Leadbetter v Hutcheson 1934. In this case the accused was charged with fishing during the annual close times specified in section 6 of the Tweed Fisheries Amendment Act,…

Statutory interpretation may be required when the meaning of the legislation enacted by the Parliament is unclear. This may occur due to many reasons such as; legislation failing to consider a specific point, a broad term being used to cover numerous possibilities , ambiguity, a drafting error, new technological developments, and changes in the use of language over time. In this essay I will attempt to answer whether statutory interpretation gives unelected judges unprecedented power to…

The novel The Female Frontier: A Comparative View of Women on the Prairie and the Plains was written by Glenda Riley. Riley was born in Cleveland, Ohio in 1938 and gained her Ph.D. from Ohio State University in 1968. After she received her Ph.D. she went on to acquire he first teaching position at Northern Iowa University, where she held this position for 21 years. She also founded the University of Northern Iowa’s Women’s Studies Program. This wide range of knowledge on this particular subject,…

The literal rule is one way in which statues are interpreted. The courts do not subvert the law but just apply the law that is created by parliament. This rule gives all words their ordinary meaning and must be followed even if the result is absurd. In the case R v city of London Court Judge Lord Esher stated if the word of an act is clear then you must follow them even if it manifestly leads to an absurd result . Highlighting the absurdity of the literal rule Berriman a railway worker died hit…

way pulling his students into line and teaching them. Third and in my opinion the most persuasive reason is because it made everyone feel a part of the group, and all the outsiders became the insiders and they felt like they fit in. 2. What part did the creation of “rules” have in creating the expectations and enthusiasm of the class? The rules played a huge part in the experiment because they made the students very enthusiastic to be a part of it. Some of the rules that would have appealed to…

all parents to inform them of the plans. Collected health forms. Leadership and policy: Leadership is about behavior. Policy is about rule making. What is your position on rules? I think rules and guidelines are essential in maintaining order and consistency. Do you utilize rules as absolutes or as guidelines? It depends on the rule. Some rules, such as no alcohol, no smoking, no drugs and no fighting, are absolutes and should be expected of everyone. The breaking of these sorts of…

In the stories, “Oedipus Rex” and “The Joy Luck Club”, the characters of the stories are placed in a society where they are guided by rules, with the people and events in these stories the characters are shaped to go against the standard and rule to shift their identity, but the characters change themselves, but the way they change can be beneficial but can also ruin everything. There are people in these large event, who we interact with and with these interaction we learn and take what we…