Friday, October 18, 2019
Law for Non-Lawyers Summative Assignment Example | Topics and Well Written Essays - 2000 words
Law for Non-Lawyers Summative - Assignment Example The task of interpreting falls on the judge ruling on a particular case. The interpretation of the statute will be aimed at discovering the true intention that the legislature intended and put that into practice. Judges have been interpreting statutes for centuries now. In the past, though, the statutes were being drawn by very competitive legislature people and made the issue of interpretation almost non-existence, the same cannot be said of today. The task of interpretation of statutes has become very critical in the nineteenth, twentieth and twenty first centuries. The courts always find it necessary to interpret the statutes even though they have been drafted by experts. Some of the reasons that may be attributed to the inconsistencies, and therefore the need for interpretation, include the following. First, words are not necessarily the perfect symbols of communication. Depending on the context and the time the words were written or spoken different meanings can be derived from the same words. Secondly, some situations that were unforeseen at the time of making the legislation will also necessitate adequate interpretation to give consideration to the recent development. These developmen ts may include change of culture and or technologies which make the application of a particular statute difficult. The third reason may be the need to take care or give special treatment to special interest groups (Kim, 2008). In their duty of interpreting the statutes, the judges may use several instruments at their disposal; these include rules and canons or doctrines that guide interpretations. Some of the rules include the literal rule, the mischief rule, the golden rule and the purposive approach. The doctrines include ejusdem generis and noscitur a sociis among others. This paper examines a case of Tom allegedly in breach of the Prohibition of Unsolicited Parties (Fictitious) Act 2010 that prohibited the gathering of more than a hundred persons on a
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