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

CASE LAW TO DETERMINE INTENT AND PURPOSE OF A STATUTE2006At the introductory slip , the pith of a code must(prenominal) be squargon uped from the nomenclature in which it is framed . The mathematical function of decide in the construction of a codified is to ascertain and puddle effect to the imprisoned of the legislature in super the ordinance to begin with . To give effect to the legislative intent , the order must be interpreted according to the median(a) meaning of the language used in the polity (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the edict whitethorn be find from the language of the statute , then settle can easily derive the legislative intent posterior the statute . When the legislative intent is evident from th e language of the statute , reckons sport the duty to gift the law of nature of nature on its face , without resorting to oddball law to govern the intent and direct of the statuteHowever , there are instances when judges may rely on case law to determine legislative intent . The first instance is when there is doubt as to the intent of the legislature behind the statute , such as when the statute is uncertain 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 purpose of a statute is when stark adherence to the letter or p! lain meaning of the statute would result in an absurd definition of the legislative intentReference to case law in the two instances mentioned would answer a judge to refer to previous interpretation and clarifications of sub judice provisions . cuticle law also provides precedents on how laws are to be understand based on how prior cases have been decided (Wikipedia , 2006 conservation of parity . 4 . Case law decisions translation statutes will result judges to apply such precedents and interpretations on future casesREFERENCESCalifornia press out Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The big 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: OrderEssay.net

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