- Is a Judgement of guilt against a criminal defendant?
- What is the legal principle that requires a party to have a legally protected and tangible interest at stake in order to file a lawsuit?
- What are some common legal terms?
- What process does a court follow to ascertain such meaning’s )?
- Which rule of interpretation is best?
- What are the 4 rules of statutory interpretation?
- What is the golden rule of statutory interpretation?
- What is Heydon’s rule?
- What is Ejusdem generis rule?
- What does functus officio mean in law?
- What is Reddendo Singula Singulis?
- What does Noscitur a Sociis mean?
- What is in pari materia?
- What is Contemporanea expositio?
- What is rule of harmonious construction?
- What you Cannot do directly You Cannot do indirectly?
- Which rule is the oldest rule of interpretation?
- What is the rule of beneficial construction?
- What is the rule of strict construction?
Is a Judgement of guilt against a criminal defendant?
conviction – A judgment of guilt against a criminal defendant.
What is the legal principle that requires a party to have a legally protected and tangible interest at stake in order to file a lawsuit?
Standing to Sue
What are some common legal terms?
Defining 10 Commonly Used Legal Terms
- Plaintiff – the person that initiates a lawsuit against someone else.
- Defendant – the person, company, etc., that a lawsuit is brought against.
- Deposition – a statement under oath, taken down in writing, to be used in court in place of the spoken testimony from a witness.
What process does a court follow to ascertain such meaning’s )?
According to Cross, “Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them,” while Salmond calls it “the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative …
Which rule of interpretation is best?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
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.
What is the golden rule of statutory interpretation?
The ‘Golden Rule’ of statutory interpretation provides that a court may depart from the normal or literal meaning of a word where it bears an absurd result.
What is Heydon’s rule?
According to this rule, while interpreting statutes, first the problem or mischief that the statute was designed to remedy should be identified and then a construction that suppresses the problem and advances the remedy should be adopted.
What is Ejusdem generis rule?
The term Ejusdem Generis in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.
What does functus officio mean in law?
Functus Officio is the principle in terms of which decisions of officials are deemed to be final and binding once they are made. They cannot, once made, be revoked by the decision maker. The official who has granted the license has discharged her office, and is functus.
What is 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. In simple words “reddendo singula singulis” means that when a list of words has a modifying phase at the end, the phrase refers only to the last.
What does Noscitur a Sociis mean?
doctrine or rule of construction
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 is Contemporanea expositio?
The rule of construction by reference to ‘contemporanea expositio’ is a well established rule for interpreting a statute by reference to the exposition it has received from contemporary authority, though it must give way where the language of the statute is plain and unambiguous.
What is rule of harmonious construction?
Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.
What you Cannot do directly You Cannot do indirectly?
The whole doctrine of colourable legislation is based upon the maxim that you cannot do indirectly what you cannot do directly. If a legislature is competent to do a thing directly, then the mere fact that it attempted to do it in an indirect or disguised manner, cannot make the Act invalid.
Which rule is the oldest rule of interpretation?
The mischief rule of statutory interpretation
What is the rule of beneficial construction?
Beneficial construction involves giving the widest meaning possible to the statutes. When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation should be chosen.
What is the rule of strict construction?
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.