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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 ...
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 cover of The Citizens Rule Book. Citizens Rule Book is a handbook written to educate American citizens regarding their rights and responsibilities. It is a compilation of quotes from founders of the United States of America and select government documents, including information on the rights of a jury to "nullify bad law" and acquit people on trial. [1]
Paul Leicester Ford's summary preceding Federalist No. 10, from his 1898 edition of The Federalist September 17, 1787, marked the signing of the final document. By its own Article Seven , the constitution drafted by the convention needed ratification by at least nine of the thirteen states, through special conventions held in each state.
How did the decision differ from what would have been made if the mischief rule hadn't been applied? It says "The ruling was based on an important discussion of the relationship of a statute to the pre-existing common law.", but doesn't go into any description about the details of that discussion, and how it relates to this particular case ...
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 ...