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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 ...
As opposed to the plain meaning rule, the technical meaning rule applies the specific context and rules of grammar that are applied if the term is well defined and understood in an industry setting. To determine if there is a technical meaning, judges will look at whether the surrounding words are technical, and whether the act was directed to ...
In the spirit of misrule, identified by the grinning masks in the corners, medieval floor tiles from the Derby Black Friary show a triumphant hunting hare mounted on a dog. In England, the Lord of Misrule – known in Scotland as the Abbot of Unreason and in France as the Prince des Sots – was an officer appointed by lot during Christmastide ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
The small penis rule is an informal strategy used by authors to evade libel lawsuits. It was described in a New York Times article by Dinitia Smith in 1998: "For a fictional portrait to be actionable, it must be so accurate that a reader of the book would have no problem linking the two," said Mr. Friedman.
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Pepper (Inspector of Taxes) v Hart [1992] UKHL 3, is a landmark decision of the House of Lords on the use of legislative history in statutory interpretation.The court established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the ...