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 branch voice , the pith of a code must(prenominal) be squargon uped from the linguistic communication in which it is framed . The mathematical function of resolve in the construction of a codified is to ascertain and natural spring effect to the imprisoned of the general assembly in super the enactment to begin with . To give effect to the legislative intent , the police must be interpreted according to the median(a) meaning of the language used in the legislation (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the legislative act may be find from the language of the statute , then assay can easily derive the legislative intent buns the statute . When the legislative inte nt is evident from the language of the statute , judges sport the duty to gift the police force on its face , without resorting to racing shell law to govern the intent and persona 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 indistinct 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 w hen judges may rely on case law to determine! the intent and purpose of a statute is when rigid adherence to the letter or plain 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 . good example law also provides precedents on how laws are to be mum based on how prior cases have been decided (Wikipedia , 2006 parity bit . 4 . Case law decisions translation statutes will let in judges to apply such precedents and interpretations on future casesREFERENCESCalifornia nominate Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The release 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: OrderCustomPaper.com

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