Statutory interpretation

evolving with the purpose of clarifying the liability of the shadow directors such that it becomes more difficult to escape liability. However, it could be that while trying to enlighten the situation; it might become more complex and require more interpretation of the law. In that sense, would not have it been simpler to add shadow director to the definition of “director”, as the Australian Corporations Act 2001…

contaminant interfered with what the EPA considers the natural environment since a significant amount of sand was discharged into a waterway that flowed into the Nith River as well as in Ontario’s land and air. Based on s.1 and the above interpretations, EAL can be held accountable for the discharge of a contaminant into the natural environment. To have breached s.15 of the Environmental Protection Act, the discharge of the contaminant by EAL would have to meet the two pre-conditions, have…

particular context of corporate financial fraud. In this case, the Supreme Court will have to determine the scope of a “tangible object.” In turn, this will determine the scope of Section 1519. The phrase either derives it’s meaning from a linguistic or statutory context. If the phrase depends on context, as it should, the Supreme Court will examine the surrounding terms and undoubtedly overturn Yates’ conviction because fish are not items for record keeping. Words are not independent; they…

This is the case from North Carolina State. Maynor Javier Vasquez driving with a broken brake light on April 29, 2010 and Sergeant Darisse of the Surry County Sheriff's Department stopped the vehicle. As the officer approached the vehicle, he noticed that there was someone lay down on the back seat and he found out that the guy name is Nicholas Heien. The two men told him different stries and the officer asked permission to check on the vehicle. Heien agreed, and the officer found a bag…

Civil Rights Act (CRA) of 1964 and 1991, and demonstrate how the vague language in these statutes paved the way for interpretation through adversarial legalism. In doing so, this paper will also delve into several pivotal Supreme Court cases. Ultimately, this paper will demonstrate that affirmative action is much more politically divisive than it needs to be because of vague statutory language and the rise of adversarial legalism as a means of policy…

The government of Saudi Arabia is a monarchial system and its legal system is based on Islamic law. Islam does not recognize a distinction between a legal system and other controls on a person’s behavior. Followers of Islamic law believe Islam provides all the answers to questions about appropriate behavior in any sphere of life (Reichel, 2008, p. 123). Before Muhammad, Arabic tribes operated under customary law. After Muhammad was called to be a prophet by the angel Gabriel, Muhammad…

not paid off. Next, the basis of the 1944 law found no objection to such concerns since it helps drive the importance of school attendance. Lastly, such interpretation ensures that imposition of criminal liability is “construed strictly” so that there is clarity in the position everyone stands. Moreover, Lord Hale observed that such an interpretation of the phrase is congruent with the provisions of section…

environmental and economic well-being, as well as damaging and destroying sites that has great historic, religious and cultural significance to the Tribe. The Tribe brings forth the case on the basis that the U.S. Army Corps of Engineers has abdicated its statutory responsibility to ensure that the construction and operation of the pipeline do not harm historically and culturally significant sites. One authorization allows the construction of the pipeline underneath Lake Oahe which is…

The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the…

Incorporating the Curriculum needs into your teaching plan. As the world we live goes through changes, we also need to incorporate evolution into our children’s education so as to keep up with the time. How we view the curriculum at times got interpreted by how we actually carry it out. Depending on our personal views, the definition we give to the curriculum may vary, as long as we take it into account that the definition for the curriculum is not static, it is dynamic and tend to change with…