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However, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel, [10] the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction ...
A strict application of the plain meaning rule can sometimes result in "absurd" outcomes. Examples of the plain meaning rule producing absurd outcomes can be seen in the following cases: In Whitely v Chappel (1868), a statute made it an offence "to impersonate any person entitled to vote". The defendant used the vote of a dead man.
In England and Wales, the Poor Law Amendment Act 1851, section 3, made it an offence to impersonate a "person entitled to vote" at an election.In the case of Whiteley v Chappell (1868), the literal rule of statutory interpretation was employed to find that a dead person was not a "person entitled to vote" and consequently a person accused of this offence was acquitted.
R v Whiteley (1991) 93 Cr App R 25 was an important case in the criminal law of England & Wales in relation to criminal damage.It established that for the purposes of the Criminal Damage Act 1971, [1] the property in question must be tangible but the damage done may be intangible. [2]
Supreme Court of the United States 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Established March 4, 1789 ; 235 years ago (1789-03-04) Location Washington, D.C. Coordinates 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Composition method Presidential nomination with Senate confirmation Authorised by ...
Warner Chappell Music, Inc. v. Nealy, 601 U.S. ___ (2024), was a United States Supreme Court case in which the Court held that, assuming the discovery rule applies to copyright infringement, the three-year statute of limitations for an infringement suit does not prevent recovery. [1] [2]
Elizabeth Whiteley and her children sued the executors of Benjamin Whiteley's will (of 19 March 1874). The will contained a power to invest the fund on certain investments, including “real securities in England or Wales.” £5000 of the trust money had been lost. £3000 was invested in a mortgage at 5% return in the freehold of a ten-acre brick field near Pontefract, “with the engine ...
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...