Search results
Results from the WOW.Com Content Network
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 ...
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.
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 ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
[19] University of Texas law professor Sanford Levinson described it as "truly an important book deserving wide readership and intense discussion" [20] while University of Michigan law professor Richard Primus saw potential in its "simple and powerful frame" but felt the book "stops short of fully describing the common good that Vermeule ...
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.
We expect the Canadian government to ensure justice and uphold the rule of law," he said. Canadian Prime Minister Justin Trudeau said on Sunday the "acts of violence" were unacceptable.
The cover of The Citizens Rule Book. Citizens Rule Book is a handbook written to educate American citizens regarding their rights and responsibilities. It is a compilation of quotes from founders of the United States of America and select government documents, including information on the rights of a jury to "nullify bad law" and acquit people on trial. [1]