what are the three main rules of statutory interpretation

II. What are the five main levels of the courts, for the purposes of precedent? Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. There are numerous rules of statutory interpretation. The terms contained in the norm should be understood in their ordinary meaning and in context.. Special meaning can be given to the term only if it is established that such was the intention of the parties. Learn vocabulary, terms, and more with flashcards, games, and other study tools. In the process of interpretation, several aids are used. These rules of statutory interpretation provide a coherent and proven framework for the courts to follow to achieve the best possible outcome of a case in accordance with legislation. These steps will allow for the increased efficiency of the legal process, thus, allowing for more time to be better spent on pertinent concerns such as the pleadings and final judgment. • And how the rules of language act as an aid to the statutory interpretation of the 3 rules. 1: IntroductIon to Statutory InterpretatIon 3 Unfortunately for newcomers, this is an ‘inescapably’ complex task which ‘involves an art, not a science’.6 The role of the courts in statutory interpretation is limited by the separation of powers doctrine. As stated by D C Pearce and R S Geddes in their book on statutory interpretation: Legislation is, at its heart, an instrument of communication. Schedules are used when several Acts or parts of Acts are repealed, or for a number of amendments. The Supreme Court has had a number of major statutory interpretation cases in recent years. When all the facts of an interpretation are in agreement they sound together in harmony, like notes in a chord. What are the three main rules of statutory interpretation? ... Nurses were not allowed to carry out terminations as the were not 'medical practitioners' mischief rule states that law was trying to avoid back street abortions therefore it was said that nurses could be classed as medical practitioners to stop unsafe abortions An Aid, on the other hand is a device that helps or assists. Statutory interpretation allows the judge to have a clear meaning of what is meant by the statutes. S TATUTORY I NTERPRETATION 1. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. They may be statutory or non-statutory. With example-The 'Literal or Plain Meaning' rule refers to the situation when the Supreme Court defers to Parliament and basically follows the rule to a T. The rule would not be given any flexibility in the judgement of a certain case, ex. Start studying Statutory interpretation 3 rules. LAWS Final Exam Review What are the 3 rules of statutory interpretation? Kirby, Michael --- "Statutory Interpretation: The Meaning of Meaning" [2011] MelbULawRw 3; (2011) 35(1) Melbourne University Law Review 113 STATUTORY INTERPRETATION: THE MEANING OF MEANING I THE MAIN TASK OF MODERN LAWYERS II SOME BASIC RULES OF APPROACH III DIGGING DEEPER FOR MEANING IV A BANK ROBBERY AND CARR’S CASE A The Facts CONCLUSION • When compared, the rules of statutory interpretation are unalike so it is down to the discretion of the judge to apply which rule they see fits best. 7/27/2015 30 Mischief rule words are ambiguous words can be chosen to – looks at the given their avoid an absurd result. The term statutory interpretation refers to the action of a court in trying to understand and explaining the meaning of a piece of legislation. Statutory interpretation is the act or process of interpreting and applying legislation. What is the effect of the ejusdem generis rule and the rule expressio units est. Golden rule – the best interpretation of 3. When the legislature enumerates an exception to a rule, one can infer that there are no other exceptions. This will follow by the three main rules: the literal rule, the golden rule and the mischief rule. While interpretation of a legal provision is always dependent of the fact of any given case, the application of a statutory provision would always depend on the exact facts of a given case. The first rule and most important rule is the rule dealing with the statute's plain language. Maxims of statutory interpretation ‘Ejusdem generis’ ‘Noscitur a sociis’ ‘The rule of rank’ ‘Expression unius est exclusio alterius’ ‘Contemporanea expositio’ ‘Reddendo singula singulis’ ‘Cessante ratione legis, cessat ipsa lex’ Presumptions of statutory interpretation Introduction: What are presumptions? The essay will starts by explaining what the rules are, and how they are used. When the courts are determining what is counts as 'other' they will look at the context of the things in the list. To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, “How do courts interpret statutes?” Statutory Interpretation. There are three rules of interpretation of statutes- Literal, Golden and Mischief. Theories of Statutory Interpretation Potential Underlying Norms # Rule of Law predictability, stability, accessibility by citizenry # Democratic Legitimacy deference to decision by popularly elected legislators # Pragamatics interpreters have a duty to contribute productively to a statutory … What is meant by the doctrine of judicial precedent? It is the principles developed by courts for interpreting statutes. These are used to deal with technical detail that would otherwise clog up the main body of an Act. For this reason, many of the so-called rules or principles of interpretation are no more than Many cases go to appeal on a point of interpretation, Indeed, Lord Hailsham, a senior English judge, once said that “probably 9 … in the case of Rape Relief v. Nixon, there was no flexibility given regarding gender. This applies where a statute contains a list of items followed by and 'other...'. Statutes should be internally consistent. There are also three main rules of statutory interpretation that judges use to decide a case: • the literal rule • the golden rule • the mischief rule 8. Looks at the context of the so-called rules or principles of interpretation, the has... Of determining whether a statute have a plain and straightforward meaning trying to understand explaining. Court interprets statutes using the following approaches: the literal rule, the golden rule and the rule dealing the! 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