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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.
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.
The Missouri Court of Appeals Western District held oral arguments on Tuesday over House Rule 126, which says legislators can “keep constituent case files, and records of the caucus of the ...
The first constitution was written by Constitutional Convention in 1820 in only 38 days, and was adopted on July 19, 1820. [2] [3] One of the results of the Missouri Compromise, Missouri was initially admitted to the Union as a slave state, and the constitution specifically excluded "free negroes and mulattoes" from the state.
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Bailey rescinded the rule after the Missouri General Assembly passed a bill banning gender-affirming care for minors. The attorney general’s rule would have also applied to adults.
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.