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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.
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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Plocher is accused of inappropriately requesting government reimbursements, firing his chief of staff and allegedly making threats against nonpartisan House employees. The Missouri House Ethics ...
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.
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 ...
In U.S. law, this practice has been theorized as a form of uncivil obedience. [ 4 ] [ 5 ] Malicious compliance was common in the Soviet Union 's command economy ; examples are used in the studies of behavior, management, and economics to hypothetically show differences between the Soviet command economy and a free market .