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Kentucky Revised Statutes; University of Louisville Digital Collection: The statute law of Kentucky with notes, praelections, and observations on the public acts : comprehending also, the laws of Virginia and acts of Parliament in force in this commonwealth : the charter of Virginia, the federal and state constitutions, and so much of the king of England's proclamation in 1763 as relates to ...
For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd.
Originally published in 1857 by A. O. P. Nicholson, Public Printer, as The Revised Code of the District of Columbia, prepared under the Authority of the Act of Congress, entitled "An act to improve the laws of the District of Columbia, and to codify the same," approved March 3, 1855.
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.
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The literal rule is what the law says instead of what the law was intended to say. Larry Solum, Professor of Law at Georgetown University, expands on this premise: Some laws are meant for all citizens (e.g., criminal statutes) and some are meant only for specialists (e.g., some sections of the tax code).
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law, with the exception of a few penal statutes. [3] In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas.