Sample LAW1121 English Law and Legal Method Assignment

LAW1121 English Law and Legal Method Assignment Sample

Question:

“While speaking of Parliamentary intention may be said to remind the courts of the need to avoid crossing the important constitutional line between interpreting and legislating, and in that sense it is a constant reminder of the separation of powers, it can too easily become a mask for judges to hide their true reasoning.”
Andrew Burrows, Thinking About Statutes (Cambridge 2018) 18

How should the meaning of statutes be determined?

Instructions for essay writing help -

• Write an essay plan (one side of A4 – font size 11 minimum) and research an initial bibliography for answering the question above.

• Your seminar tutor will contact you to arrange to meet for 15 minutes to discuss your plan.
Important Information

• This plan will be the basis for the 2,000 word formative and summative that you will write.

• Do not submit your plan to your tutor, just bring it to the meeting to discuss it with them.

• Meetings will occur in the weeks beginning the 29th Nov or the 6th of December.

• Meetings may be in person or online via Teams/Zoom.

• Due to the number of meetings each tutor has, meetings will need to start and end on time and it will be almost impossible to rearrange meetings if they are missed.

Solution

Introduction

Status is defined as the legislative law that has been passed through a body including legislative courts and parliaments. There is also a need for the firms to ensure that there is strong importance among the people in terms of obtaining their rights. Status plays an important in society in deciding the impact on the workplace for having a strong presence in the workplace (Kovacs, 2020). The statuesplay an important role in ensuring that there is a separation of power and also ensuring that there is a serving of justice among the people.

This report takes into consideration the role of the parliament and also ensures that there is a decision regarding constitutional importance. The significance of the consent is also important for the companies to ensure that there is a strong benefit for the work. The case study that is taken into consideration for the analysis is Thinking About Statues written by Andrew Burrows(Avant, 2022). The main intention of conducting the research is to find out the important ways in which the meaning of the statutes is determined.

Discussion

The parliamentary intention is identified to be the method that is used for making sure that there are strong characteristics through a single mind. It is also true that there are members from a group there is complete growth to ensure that there is strong growth in the workplace.

The implementation of the Parliament is also done for making sure that there is strong approval to ensure that there is the presence of house of commerce. There is also the presence of parliament and there is also government are considered to be very much independent to ensure that there is control for each other. There is also the presence of courts and interpretation of the legislation is done in a manner so that there is the development of law.

While analyzing the Statutes, there is a continuous form of growth among how the judges determine the meaning of the statute. The different ways to deal with the growth include restrictive, the literal,and being more and more permissive. There is also a need for knowing that making sure that there is a Purposive Approach is done for giving the true purpose of the legislation. The use of the word legislation is also needed to be used for making sure that the understanding in terms of the purpose of the specific legislation is also important (Eskridge et al.2020). Making identification of the Purpose is also considered to be important for the companies to ensure that there is growth among the staff. The use of the Pendulum has also swung for the purposive method regarding the construction to ensure that there is growth for the work.

The use of the Golden Rule is done for making sure that there is the possibility of making sure that there is literal meaning for the act (Aziz et al. 2021, pp.209-230). Along with this, it is also true that there is the possibility of making use of the Statutory interpretation of the application to ensure the application of the literal rule. There is the possibility of the Golden Rule to have their statute their basic and as a result of this, the presence of the illogical result is very much unlikely. Along with this, it is also true that there is the presence of the golden rule to ensure that it allows the judge to get completely departed from the meaning(Law, 2022). Along with this, it is also true that there are two different approaches through which the use of the Golden rule is done. The first rule if the Golden Approach and the second rule is the Narrow approach to ensure that it is used for literal meaning.

The use of the narrow approach is done at a time when there is the capability of having multiple literal meanings. Based on the narrow approach, there is the possibility of making sure that there is complete avoidance of the absurdity (Desai, 2020). The use of the narrow approach is done to ensure strong benefit for the staff in the workplace. This use of the golden rule is often used in making sure that normal definition is differentiated completely in the workplace. For example, during the time of the marriage-related cases, it is found that there is the possibility of finding a person to be guilty of a specific offense(Law, 2022). Under any form of general and internal interpretation, there is the offense of ensuring the complete absurdity of the result. However, there is also the possibility of making application of the Golden Rule during the time there is the narrow approach. The use of the narrow approach implies that the word many is interpreted differently and as a result of this the judgment is mitigated.

On the other hand, the use of the broad approach is also considered to be influential only when there is a literal meaning. But on the other hand, it is also true that the application of the broad approach is considered to be completely absurd in the workplace. There is various form of cases where the definition of absurdity is used and as a result of this, there is mitigation of judgment (Lemley, 2020). For example, under a specific act, it is considered to be an offense to ensure that there is a general vicinity for a prohibited place. The defendantregarding this casemakes use of personal liberty to enter a place that is completely prohibited for entry. In this case, the use of the Golden rule is applied by the court to ensure that there is a complete deduction of the individual choice. As a result of this, the court observed that there is the possibility of ensuring that a place is liable for being a completely forbidden place(Law, 2022). Hence, the process of conviction of the defendant was upheld completely before the law under the legal observation. Hence, it is true that the style of observation plays an important role in deciding the judgment in the court.

There is also the presence of the Mischief rule in making sure that there is a complete attempt to ensure rectification. The main role of any court is to ensure that there is a presence of Original Legislation to ensure that there is a full attempt to make identification of what is the fact that the parliament is trying to accomplish. In the case of the mischief rule, there is a need for the court to take into consideration the previous law based on which new law is created (Solan, 2020, pp.283-298). The main reason behind this is to find what was wrong that was corrected to the government in the new judgment. There is also a focus on how a parliament is looking to correcthow the law is being corrected. Such changes help the courts to gain indication regarding the direction of the parliament and as a result of this such mindset is used to make final judgment regarding the court (Huggins, 2020). Along with this, it is also true that the application of the rule is considered to be challenging to ensure that there is the development of work. Along with this, it is also true that there is a need for ensuring strong acts and as a result of this strong defection and also limitation within the law. It is also true that the specific interpretation is also important for the companies to ensure that there is complete defection to be adopted(Law, 2022). In such cases, there is also a need for ensuring that there is the possibility of ensuring challenge in ensuring strong defections.

On the other hand, the Purposive approach also ensures that there is complete focus on ensuring that there is a presence of parliament to ensure the establishment of new legislation. There is a chance of ensuring that Judges are also needed to be consultative to ensure that there is a strong benefit for the work (Choi, 2020). The use of the doctrine in thetranscripts is done to ensure that there is the actual intention of the government within the parliament. The use of the Purposive approach is done under the guidance of the European Union (EU) to ensure that there is a specific attempt to play an abstract role in the workplace. The use of the specific legislation developed by the EU is followed by various nations such as the United Kingdom to ensure effectiveness for the work. The presence of the judges is also done for making sure that there is a purposive approach to ensure the application of the EU law. The main reason for making use of the EU version is that there is a separate interpretation of legislation at the time when it gets translated intoa different language(Law, 2022). The main reason behind the use of the Purposive approach is that there is an interpretation of strong words to ensure benefit. The use of the purposive approach is that there is a presence of strong legislation to ensure that there is the interpretation of words. Hence, in such cases, there is an allowance for the judges to act in a certain way if they find the specific intention behind the legislation. There is also the help of various tools that can be used by the judges during the time of the legislation to ensure benefit in making a judgment. The tools include Extrinsic sourcessuch as non-legal words, the presence of textbooks, and find out the point of view of the law. The presence of the judges is also done to make sure that there is a creation for the work (Laser, 2020). But on the other hand, there is no power among the courts to make any form of amendment in the laws as per their will.

Hence, it is true that there is the presence of specific guideline that helps the applicants to ensure that there are specific boundaries. Even though there isa specific judgment that is used by the governments to ensure that there is the presence of General words and as a result of this there is a presence of the same nature. The use of specific language is also used by the statute that contains specific language that is followed by terms such as “the other”. In such cases, when the courts make use of judgment for any specific group of people then the legislation applies particularly for them(Law, 2022). The use of the term ‘ExpressioUnius Est ExclusionAlterius’ is also identified as a language that is used for ensuring the exclusion of one word for another. In such cases, the expression is included and the factors outside the work are completely excluded in the workplace. The presence of such journalists is also done for making sure that there is a presence of limestone to ensure that there is the development of the work(Law, 2022). On the other hand, it is also true that NosciturASociisis also influential for the companies to ensure complete ambiguous words to ensure that is dependent on the way it is used.

There is also a need for making sure that there is a presence of non-standard interpretation to ensure admission of the context ofEuropean human rights. There is also a need to ensure that there is growth for non-standard interpretation to ensure the statute is strained completely. There is also a need for ensuring non-standard interpretation to ensure thatsuch form of important factors plays a major role in the workplace.

Conclusion

Based on the above analysis, it is concluded that the process of determination of the statutes is done by the court during the time of legislation. The perception and also the tendency behind making the law plays an important role in defining the boundaries for the work. The implementation of this law and the intention behind making changes in the laws by parliament is also considered by the court to make a judgment in their laws. The presence of the specific language is also considered to be important in terms of making sure that there is growth for work.

Reference

Aziz, M., Ghofur, A., &Hidayati, N. N. (2021). Regulation on the Implementation of Halal Product Assurance in Indonesia: Statute Approaches Study. UlulAlbab: JurnalStudidanPenelitianHukum Islam, 4(2), 209-230. From (http://lppm-unissula.com/jurnal.unissula.ac.id/index.php/ua/article/view/13649)

Choi, J. H. (2020). The Substantive Canons of Tax Law. Stan. L. Rev., 72, 195. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/stflr72&section=9)

Desai, A. C. (2020). The Dilemma of Interstatutory Interpretation. Wash. & Lee L. Rev., 77, 177. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/waslee77&section=6)

Eskridge Jr, W. N., Slocum, B. G., &Gries, S. T. (2020). The meaning of sex: Dynamic words, novel applications, and original public meaning. Mich. L. Rev., 119, 1503. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mlr119&section=54)

Huggins, A. (2020). Executive power in the digital age: Automation, statutory interpretation and administrative law. Interpreting executive power, 111-128. From (https://eprints.qut.edu.au/180784/)

Laser, C. J. (2020). Equitable Defenses in Patent Law. U. Miami L. Rev., 75, 1. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/umialr75&section=5)

Law, T. (2022). Approaches for Determining the Meaning of a Statute. Lawteacher.net. Retrieved 3 February 2022, from https://www.lawteacher.net/free-law-essays/english-legal-system/applications-of-the-literal-golden-and-mischief-rule.php.

Lemley, M. A. (2020). Chief Justice Webster. Iowa L. Rev., 106, 299. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ilr106&section=8)

Seidenfeld, M. (2020). Textualism's Theoretical Bankruptcy and Its Implication for Statutory Interpretation. BUL Rev., 100, 1817. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/bulr100&section=55)

Solan, L. M. (2020). Corpus linguistics as a method of legal interpretation: Some progress, some questions. International Journal for the Semiotics of Law-Revue internationale de Sémiotiquejuridique, 33(2), 283-298. From (https://link.springer.com/article/10.1007/s11196-020-09707-8)

Tobia, K. P. (2020). Testing ordinary meaning. Harv. L. Rev., 134, 726. From (https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/hlr134&section=33)