The Mischief Rule is a rule of construction that judges can apply in statutory interpretation in order to discover Parliament’s intention. In applying the rule‚ the court is essentially asking the question: what was the "mischief" that the previous law did not cover‚ which Parliament was seeking to remedy when it passed the law now being reviewed by the court? The Mischief Rule is of narrower application than the golden rule or the plain meaning rule‚ in that it can only be used to interpret a
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Literal Rule 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. If‚ applying this rule‚ a clear meaning appears‚ then this must be applied‚ and the courts will not inquire whether what the statute says represents the intention of the legislature: ‘The intention of Parliament is not to be judged by what is in its mind‚ but
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Literary Review: “No Great Mischief” “All of us are better when we are loved”‚ this is one the main ideas that Alistair MacLeod wishes to convey in his first novel “No Great Mischief”. Born in Saskatchewan‚ the Canadian author makes a remarkable debut as a first class novelist. The book has prized him several awards including the International IMPAC Dublin Literary Award and the Trillium Award among others. MacLeod conducted his studies in the University of New Brunswick and Notre Dame‚ where
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The mischief rule[1] is one of three rules of statutory construction traditionally applied by English courts.[2] The other two are the “plain meaning rule” (also known as the “literal rule”) and the “golden rule.” The main aim of the rule is to determine the "mischief and defect" that the statute in question has set out to remedy‚ and what ruling would effectively implement this remedy. The rule was first laid out in a 16th-century ruling of the Exchequer Court. -------------------------------------------------
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For Literal Rule‚ the judges will only look at the grammatical meaning of words to interpret. If the words are clear and unambiguous‚ even though the result makes nonsense of the law‚ they must be followed. In R v Judge of the City of London Court (1892)‚ Lord Esher said “If the words of an Act are clear‚ then you must follow them‚ even though they lead to manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity”. Fisher v Bell(1960) gave
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2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter dictum 4. The rules of precedent 5. What is necessary to make precedent work? e. law reports f. a hierarchy of courts 6. Things to look for when studying a case g. the material facts h.
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An Unwritten Rule There are many rules that are followed in society today‚ whether they have been around for hundreds of years‚ or just natural instincts of kindness. They are not usually things people would get punished for if they did not follow‚ they are more of an act of respect. Things like holding the door open for people behind you‚ saying please and thank you‚ or not eating until everyone at the table has their food. These rules mostly come from what is taught to children at young age‚
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* We should follow the rules so that we can maintain peace and organization within our society‚ economy‚ and even our country. Without rules no one would be able to work together. * Two different kinds of people can be heard to utter that question‚ "Why have rules?" One of them does not believe in rules; the other believes in rules and adds a few more words to the question‚ "Why have rules‚ if you are not going to enforce them?" I would like to examine both sides of this argument. Many people
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as Simple Rules’ and it was written by Kathleen M. Eisenhardt and Donald N.Sull. The aim is to show how the strategy of simple rule is used in complex business. Yahoo is the company that had successfully used simple rule strategy to be the internet’s top portal. Company can choose among three distinct approaches to strategy and it requires different skill sets and works best under different circumstances. There are five types of simple rules: how-to-rules‚ boundary rules‚ priority rules‚ timing rules
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Rules in society are meant to help the society prosper. After time‚ all rules in society come to the point where they no longer do any good. For this reason‚ rules in society are not needed because they separate people‚ control the thoughts and feelings of people‚ and are hard to right the wrongs. The first reason why rules in society are not needed is because they separate people when they should be uniting a society. One way this is done is through the rules themselves. For example‚ a society
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