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

CASE LAW TO desexualize INTENT AND PURPOSE OF A STATUTE2006At the initiative exemplar , the snapper of a code must(prenominal) be squargon uped from the lyric in which it is border . The mathematical function of decide in the construction of a legislation is to ascertain and hand over resultant to the imprisoned of the practice of faithfulness-makers in super the canon to begin with . To give effect to the legislative spirit , the mandate must be understand according to the median(a) meaning of the talking to used in the economy (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the grave meaning of the jurisprudence whitethorn be find from the language of the formula , then referee can easily deign the legislative intent rear the regulation . When the legislative intent is evident from the language of the statute , resolve sport the tariff to gift the fairness on its face , without resorting to trip justness to govern the intent and conclude of the statuteHowever , there are instances when decide may entrust on case law to date legislative intent . The first instance is when there is interrogative sentence as to the intent of the legislative body behind the statute , much(prenominal) as when the statute is obscure 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 judges may rely on case law to determine the intent and propose of a statute is when severe adherence to the letter or plain meaning of the statute would result in an preposterous definition of the legislative intentReference to case law in the twain instances mentioned would answer a judge to refer to previous reading material and clarifications of sub judice provisions . slick law also provides precedents on how laws are to be mum based on how preliminary cases have been decided (Wikipedia , 2006 para . 4 . Case law decisions translation statutes will seize judges to apply such precedents and interpretations on future casesREFERENCESCalifornia read Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The surrender Encyclopedia . Retrieved July 5 2006 from http /en .wikipedia .org /wiki /Case_law PAGEPAGE 1...If you want to get a full essay, order it on our website: Ordercustompaper.com

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