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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.
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 ...
In the construction (interpretation) of statutes, the principal aim of the court must be to carry out the "intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. These were: the mischief rule, the literal rule, and the golden rule.
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 English rule provides that the party that loses in court pays the other party's legal costs. The English rule contrasts with the American rule , under which each party is generally responsible for paying its own attorney fees (unless a statute or contract provides for that assessment).
On PBS, Jamie Dimon described the Buffett Rule as a good idea for clamping down on US debt. It says richer households shouldn't pay taxes on a smaller share of income than middle-class ones.
The American rule (capitalized as American Rule in some U.S. states) is the default legal rule in the United States controlling assessment of attorneys' fees arising out of litigation. It provides that each party is responsible for paying its own attorney's fees, [ 1 ] [ 2 ] unless specific authority granted by statute or contract allows the ...
Chase-ing a stronger America while curbing spending is tricky business. Jamie Dimon says the 'Buffett Rule' around taxing rich Americans would help reduce the nation’s $35 trillion debt — here ...