Statutory Interpretation Essay

1569 words - 7 pages

Contenido
STATURORY INTERPRETATION 1
LITERAL RULE 1
GOLDEN RULE 1
MISCHIEF RULE 2
PURPOSIVE APPROACH 2
ALTERNATIVES DISPUTE RESOLUTIONS 3
INTRODUCTION 3
ARBITRATION 3
CONCILIATION 4
MEDIATION 4
MINITRAIL 5
NEGOTIATION 5
Bibliography 6

STATURORY INTERPRETATION

LITERAL RULE

This rule explains every word as an ordinary dictionary meaning. The aim of the court is to find the Parliament intentions when a word is used. Taken from: www.school-portal.co.uk
In Sam´s case the selling of fish and chips and soft drinks can be defined as an invitation to treat which means that there is an offer which can be accepted or rejected by the offeree. In the ...view middle of the document...

On the other hand, those words can have the full meaning in the expression “other food” which can be perfectly used “fish and chips”, according to this, the interpretation of the golden rule will give to the expression “other food” their complete meaning which has to be interpreted as many more all kind of food.
The law commission in 1979 made a report doing a recommendation about interpretation of statutes that utilise and gave support the golden rule. However the commission also recommended to do an explanation in order to clarify the parliamentary intentions depending on the case study.
MISCHIEF RULE

In the use of this rule, the court has to keep in mind different factors first before to put in action the rule. The court should specified that they may need to interpret other statutes before giving a verdict.
But in the case study of Sam, how would the mischief rule be applied? Well, there can be many factors which let convince Sam of the offence, for instance he could not have paid the congestion charge fee for the Van making him to decide parking the Van in the A55 carriage way, but factor can make Sam lead with a lot of negative circumstances as an environmental impact due to the place that is used as a point of sale has to be cleaned and tidy. In the economic factor can be include the fiscal payment and due duties with the local council, the person in case (Sam) has to be really clear of his situation and all those factors before to declare himself as a non-guilty.
PURPOSIVE APPROACH

This approach refuse the judges’ limitations, suggesting that every judge and his interpretations have to include a power to analyse above of the legal words, building a meaning based on that purpose and giving it effect. This purpose is mainly typical of civil law systems, where those legislations trends create general principles leaving the final details to be completed for the judges, who are expected to be taking correct decisions based on the established principles. (Slapper & Kelly 2009)
In the case of Sam, The court is in the position of make a decision based on what they feel and think that parliamentary is correct to achieve. To Sam is necessary to reveal the right to an equal opportunity that he has to operate in his mobile business. Sam should have sufficient knowledge regarding to his competitors in order to demand for the same right to prevent any criminal action.
ALTERNATIVES DISPUTE RESOLUTIONS

INTRODUCTION

In this part of the assignment Sam is establish a claim of £500 back which were used for repairing the van object of his job, following this the situation is regarding to a civil court action because the claim is to a food company which is not to a government entity; for that reason he is going to be explain about the four kind of alternatives of dispute Resolutions which are: Arbitration, Conciliation, Mediation, Mini trail and Negotiation.
ARBITRATION

This procedure any decision taking by the legal arbitrator ...

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