What are the three rules of interpretation?
Rules Of Interpretation
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
How are expository and argumentative writing similar?
An argumentative essay tends to be a longer essay involving independent research, and aims to make an original argument about a topic. An expository essay also aims to be objective, but it doesn’t have to make an original argument. Rather, it aims to explain something (e.g., a process or idea) in a clear, concise way.
What does mischief rule mean?
This third rule gives a judge more discretion than either the literal or the golden rule. This rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover.
What is Litera Legis?
Giving words their ordinary and natural meaning is known as literal interpretation or litera legis. It is the duty of the court not to modify the language of the Act and if such meaning is clear and unambiguous, effect should be given to the provisions of a statute whatever may be the consequence.
What is the difference between interpretation and exposition?
As nouns the difference between exposition and interpretation. is that exposition is the action of exposing something to something, such as skin to the sunlight while interpretation is (countable) an act of interpreting or explaining what is obscure; a translation; a version; a construction .
How is the literal rule applied?
The literal rule says that the intention of Parliament is best found in the ordinary and natural meaning of the words used. If judges are permitted to give an obvious or non-literal meaning to the words of parliamentary law, then the will of Parliament, and thereby the people, is being contradicted.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. These rules will be discussed within the body of this essay.
What is the difference between narrative text and expository text?
A narrative text has a well-structured beginning, middle and end. Most narrative essays also include themes or messages to help readers understand the point of the story. An expository text includes factual information that’s designed to educate readers, typically involving research, and has a more formal style.
What is Noscitur a Sociis?
The principle of Noscitur a Sociis is a rule of construction. It is one of the rules of language used by court to interpret legislation. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it.
What is the difference between exposition and argumentation?
Exposition is exposing, explaining, clarifying, proving, illustrating. Exposition’s purpose also differs from argumentation, which is to persuade, convince, to change another’s viewpoint or opinion or thinking, often to yours.
What is Heydon’s rule?
When material words are capable of bearing two or more constructions the most firmly established rule for construction of such words “of all statutes in general” is the rule laid down in Heydons case also known as mischief rule. This rule is also known as purposive construction.
Can a judge modify the language of an act?
The duty of the court and its only duty is to expound the language of the act in accordance with settled rules of construction. If a particular provision of the law was so defective that if enforced, would cause los to government revenue then it is the business of the legislature to amend it.
How do you interpret a statute?
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.
What does mischief mean?
1 : a specific injury or damage attributed to a particular agent the polished floor … often causes mischiefs—bruises, sprains, dislocations— Herbert Spencer. 2 : a cause or source of harm, evil, or irritation especially : a person who causes mischief He’s a real mischief to his family.
What is argument in Exposition?
of exposition texts. PURPOSE. An exposition persuades a reader or listener by presenting one side of an argument. By taking a point of view and justifying it, we aim to convince others to see only that side of an issue. Some expositions speculate as to what might be and persuade others as to what should be.
What is the difference between Golden Rule and mischief rule?
The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases.
Which rule is the oldest rule of interpretation?
Literal Rule of Interpretation
How are explanatory and narrative writing similar?
For example, informational/explanatory writing has a clear introduction, has information grouped into related paragraphs, includes facts, and has a conclusion. On the other hand, narrative writing follows a logical sequence to organize events, includes transition words, and has a conclusion to wrap up the story.
How is the mischief rule applied?
The mischief rule of statutory interpretation is the oldest of the rules. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court’s role is to suppress the mischief the Act is aimed at and advance the remedy.
What are the basic principles of interpretation?
The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature.
What is Reddendo Singula Singulis?
Reddendo Singula Singulis “Reddendo singula singulis” is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object.
What is in pari materia?
Legal Definition of in pari materia : on the same subject or matter : in a similar case. Note: It is a doctrine in statutory construction that statutes that are in pari materia must be construed together.
What are the advantages of the literal rule?
Advantages: Using the literal rule will make the law more certain as the law will be interpreted exactly as it is written every time that it is used. This makes the law easier to understand for the general public as they will know what the law is and how judges will interpret it.