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Heydon's Case (1584) 76 ER 637 is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation. The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...
It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. However, according to Francis Bennion , author of texts on statutory interpretation, [ 8 ] there are no such simple devices to elucidate complex statutes, "[i]nstead there are a thousand and one interpretative ...
Tyson (1842) originally read this Act of Congress as limited to state statutory law, but later overturned Swift in Erie Railroad Co. v. Tompkins (1938) and instead held that the Rules of Decision Act requires the application of state law including case law originating from state courts. The Act originated as Section 34 of the Judiciary Act of ...
Pursuant to Rule 26 of the Federal Rules of Civil Procedure and Local Certificate Rule 7.1, the Massachusetts Audubon Society (“Mass Audubon”) states that it is a charitable corporation, organized under Section 501(c)(3) of the Internal Revenue Code and Chapter 180 of the Massachusetts General Laws, without any parent corporation, that it ...
General rules of interpretation; Plain meaning rule; Mischief rule; Golden rule; General theories of interpretation; Living Constitution / Living tree / Living instrument; Originalism (original meaning) Original intent (legislative intent, legislative history) Strict constructionism; Textualism; Purposive approach; Common good constitutionalism ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
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