Flash cards on construction in statutory interpretation including: literal rule, golden rule, mischief rule and purposive approach free study resources for law students (llb degree) including cases, analysis and links on the english legal system. 42c the mischief rule this third rule gives a judge more discretion than either the literal or the golden rule this rule requires the court to look to what the law was before the statute was passed in order to.
Mischief rule lesson powerpoint introduction to the mischief rulethe literal and golden rules are concerned with finding outwhat parliament said. Meaning of “mischief” in the english dictionary english they are the literal, golden and mischief rule they can use the mischief rule if the statute is. For literal rule, the judges will only look at the grammatical meaning of words to interpret is there any order in applying the literal, golden and mischief rules.
Start studying 2021 sources of law and the legal system in barbados learn vocabulary, terms the literal rule, the golden rule, the mischief rule. Literal rule(字面规则) judge按照字面含义来执行，无需考虑后果（也就是说即使结局可能是不公平的，judge也不会脱离字面含义来进行审判）。. Extracts from this document introduction when judges interpret statute, they have three rules to follow these are the literal rule, the golden rule and the mischief rule. Literal rule – a fundamental mischief rule – a rule requiring the construction of an ambiguous word or phrase in a francis burt law education programme.
Start studying statutory interpretation - literal, golden and mischief rules and the purposive approach meanings, examples, pros and cons learn vocabulary, terms, and more with flashcards, games, and other study tools. Golden & mischief rule literal rule | golden & mischief rule golden rule it was defined in grey v pearson (1857. Explain the rule of statutory interpretation both the literal or golden rule for the literal, golden and mischief rule by replacing.
The mischief rule is the application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on. Full question: explain the rule of statutory interpretation give an example from case law to illustrate each of the rules statutory interpretation is the term used to describe the process in which courts interpret and apply legislation. Notes on statutory interpretations so under the golden rule, the court takes the literal approach unless it results the mischief rule is applied to find out.
An overview of the literal rule of statutory interpretation with case summaries and a consideration of see also the golden rule and mischief rule of statutory. Mischief rulewithin the context of law, the mischief rule the application of this rule gives the judge more discretion than the literal and the golden rule as it. There are several statutes4 providing for statutory interpretation in malaysia which set out the ‘mischief rule’ the ‘literal rule” and the ‘golden. Judges and the law 64 the mischief rule this third rule gives a judge more discretion than either the literal or the golden rule.
Judges in england generally apply three basic rules of statutory interpretation the literal rule, the golden rule and the mischief rule. Literal / golden / mischief rules the application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to. The literal rule is the primary rule which takes precedence over the others words and phrases should be construed by the courts in their ordinary sense, and the ordinary rules of grammar and punctuation should be applied. The literal rule is a type of statutory (the golden rule and mischief rule satisfactory way of interpreting acts as opposed to the golden or literal rules.Download