Litera legis. Literal Rule and Mischief Rule Interpretation 2018-12-22

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GENERAL PRINCIPLES OF INTERPRETATION

litera legis

Simpson, it was held that the Theatres Act, 1843, which prohibited under a penalty the performance of plays without license, would extend to a performance where the players did not come on the stage, but acted m a chamber below it, their fingers being reflected by mirrors so as to appear to the spectators to be on the stage. It is always advisable to find out the intention from the plain meaning as conveyed by the words as used in the Statute. She was provided with full boarding but not with lodging. In such cases, they cannot be added by construction as it amounts to making of laws or amending which is a function of legislature. According to Gray, grammatical interpretation is the application to a statute of the laws of speech; logical interpretation calls for the comparison of the statute with other statutes and with the whole system of law, and for the consideration of the time and circumstances in which the statute was passed. You may skip to the end and expand the entry. The following questions must b considered.

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GENERAL PRINCIPLES OF INTERPRETATION

litera legis

And in this order again, the only safe course is to read the language of the statute in what seems to be its natural sense. If the words of the Statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in that natural and ordinary sense. Though our standard of drafting is such that it rarely emerges, but a problem may arise where more than one meaning arc available through the words of the statute, that meaning should be chosen which is reasonable and rational. Section 33 1 of the R. No caben contra la , pero si la y la. A businessman, though landless cannot claim the benefit of the Act. Craies, On Statute Law 7th edition page 96.


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Legis actiones

litera legis

This is an advance summary of a forthcoming entry in the Encyclopedia of Law. Chronologically its repertoire falls between those of W1 and Ma on the one hand and the rather later one of W2 on the other. Context may even give the word a meaning which is not to be found in the dictionary. The meaning of a word is also affected by its context. La etapa in jure se prepara con la in jus vocatio o en , y concluye con la del proceso o.

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Litera Legis

litera legis

Además, el puede sustraerse a la in jus vocatio ofreciendo un o que lo sustituya o abandonando la cosa litigiosa. It is the duty of the Court to interpret the Act and give meaning to each word of the Statute. In dealing with the matters relating to the general public, statutes are presumed to use words in their popular, rather than their narrow, legal or technical sense. This conclusion reached having regard to the object of the Act. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. En el caso de que el no cumpla voluntariamente la , debe pedirse su al , mediante el de la actio judicati. If the enacted law by the legislature could be applied mechanically by the courts in specific cases, there would have been no need for trained judges and lawyers.

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Legis actiones

litera legis

That is to say, like public policy, absurdity, uncertainty or repugnance, are very unruly horses. He writes: The first source from which the legislative intent is to be sought is the words of the statute. The question there was whether under s 4 1 , Trade Disputes Act 1906, any tortuous act by trade unions was protected or only such tortuous acts as were committed in contemplation or furtherance of a trade dispute. Consta la de es ordinarias y accesorias extraordinarias. Held that if an expression is capable of a wider meaning, the question whether the wider or narrower meaning should be accepted depends on the context of the statute. There are no French motets, and even Latin motets are not largely represented in this enormous source of organa, clausulæ and conductus.


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Plain meaning rule

litera legis

And during the consideration of the- various sources of assistance, further help may, of course, be found on the use of the numerous rules of construction. The traditional English view is that the duty of the judges is to discover and to act upon the true intention of the legislature. According to this rule, should follow litera legis i. Therefore, when two constructions are feasible, the court will prefer that which advances the remedy and suppress the mischief as the legislature envisioned. Literal interpretation Giving words their ordinary and natural meaning is known as literal interpretation or litera legis. Your email address will not be published.

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litera legis

Another example of a rule of language in a legal maxim is the ejusdem generis rule which serves to restrict the meaning of general words to things or matters of the same kind as the preceding particular words. To discipline this power of wide discretion, to avoid arbitrariness in judicial process and to provide precedents, the courts themselves have evolved in the course of judicial process principles, theories, rules and doctrines for the interpretation of statutes so as to provide guidelines in that process. A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel. This rule is well illustrated by the case of Parkinson v. In State Bank of India v.

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Litera Legis

litera legis

Noscitur a sociis: Meaning of a word is to be judged by the company it keeps. The act of representing something by letters 10. Similarly, the Telegraph Act also applied to telephones. Odgers, Construction of Deeds and Statutes, second edn, pp 289-90. La del en dos etapas, propia de los sistemas que acabamos de describir, desaparece con la implantación, probablemente por obra de Diocleciano, de la extraordinaria o sistema extraordinario, que se había aplicado paralelamente con aquellos en la y en virtud del cual el proceso su sustancia en su totalidad y se resuelve por una único, que ya no es juez privado sino un estatal.


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