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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".
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 ...
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Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
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.
California rule sets emission requirements but doesn't ban RV purchases | Fact check. Hannah Hudnall, USA TODAY. Updated December 17, 2024 at 12:05 PM.
Doctors, hospitals and health insurance companies in California will be limited to annual price increases of 3% starting in 2029 under a new rule state regulators approved Wednesday in the latest ...