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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.
That the mischief rule can produce different outcomes than those that would result if the literal rule were applied is illustrated by Smith v Hughes [1960] 2 All E.R. 859. Under the Street Offences Act 1959 , it was a crime for prostitutes to "loiter or solicit in the street for the purposes of prostitution".
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 ...
Challenge to long-standing Missouri gun law In a legal opinion on the proposed ordinance, Covinsky cited the Missouri preemption statute , 21.750, which limits the power of governments to restrict ...
The Missouri Library Association argued the rule is an “infringement on the professional judgment of librarians, and an effort to further stoke division in the communities that libraries serve.”
In the course of their duties, law enforcement personnel use force to subdue suspects. The use of force consists of two parts: the amount of force that may lawfully be used on a continuum that includes deadly force; and the circumstances under which it may be used, including the level of imminent threat reasonably perceived by the member of law enforcement and the concern that a fleeing felon ...
The Missouri regulations, issued by Ashcroft's office, infringed on the free speech rights of investment professionals and are preempted by federal law, the court ruling said.
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.