Under What Circumstances Might A Judge Rely On A Case Law To Determine The Intent And Purpose Of A Statute?

CASE LAW TO DETERMINE INTENT AND PURPOSE OF A STATUTE2006At the first-class honours degree causa , the heart and soul of a righteousness must(prenominal) be discerned from the language in which it is framed . The usance of resolve in the construction of a command is to ascertain and intermit effect to the objective of the legislature in spill the legislative act to begin with . To give effect to the legislative intent , the principle must be interpreted according to the average content of the language used in the commandment (California republic restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the app bent(a) meaning of the decree may be discovered from the language of the statute , then decide can easily derive the legislative intent stool the statute . When the legisl ative intent is unmixed from the language of the statute , articulates switch the duty to grant the practice of fair play on its face , without resorting to depicted object honor to instruct the intent and mark of the statuteHowever , there are instances when settle may rely on case law to determine legislative intent . The first instance is when there is doubt as to the intent of the legislature behind the statute , such as when the statute is dubious or when the intent cannot be ascertained from the language of the statute . In such cases , judges may rely on extrinsic aids , such as case law , to interpret a statute .

A second instance when j! udges may rely on case law to determine the intent and purpose of a statute is when hard-and-fast adherence to the letter or plain meaning of the statute would result in an absurd description of the legislative intentReference to case law in the two instances mentioned would succor a judge to refer to previous interpretation and clarifications of level-headed provisions . Case law also provides precedents on how laws are to be understood base on how prior cases have been decided (Wikipedia , 2006 para . 4 . Case law decisions interlingual rendition statutes will allow judges to apply such precedents and interpretations on future casesREFERENCESCalifornia State restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The Free encyclopaedia . Retrieved July 5 2006 from http /en .wikipedia .org /wiki /Case_law PAGEPAGE 1...If you want to get a integral essay, order it on our website: BestEssa yCheap.com

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