The Student Room Group
Year 12s: what will be the first way you research your future options? >>
Year 12s: what will be the first way you research your future options? >>
Year 12s: what will be the first way you research your future options? >>

Law Assignment HELP

Hi guys, I am a first year uni student and have got my first assignment and I am struggling wonder if anyone would be able to help ?

''Many statutes are passed by parliament each year. These sometimes include definitions of the meaning of certain words used in the statute. However definitions are not always provided thus giving the courts the task of interpreting the meaning of the word in dispute'' Thank you in advance.
Happy to help! :smile:

When words in statute are ambiguous judges have the discretion to decide what they mean. There are a set of principles/’rules’ to help judges do this:
- The literal rule - this is where the words/phrases in the statute are given their literal meaning (note: the statute may have more than one literal meaning)
- The golden rule - the court should use/apply the literal rule unless this would lead to an absurd result
- The mischief rule - the judge should consider the legislative purpose of the Statute and interpret the Statute in a way which does not compromise this purpose
- The 'unified common approach' - this is a broader approach where the literal rule is used, but if there is ambiguity to the Statute then the purpose of the act will be looked at

It would also be interesting to discuss that ambiguous statutes is the reason why judges will often come to different conclusions and this is why cases will go to appeal!

I hope this will be a useful starting point for you :biggrin: #Mooooseo

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you