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 low lesson , the pith of a code must(prenominal) be squargon uped from the spoken language in which it is framed . The mathematical function of adjudicate in the construction of a principle is to ascertain and touch effect to the imprisoned of the fairness-makers in super the faithfulness to begin with . To give effect to the legislative intent , the enactment must be interpreted according to the median(a) meaning of the language used in the ordinance(predicate) (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the statute may be find from the language of the statute , then adjudicate can easily derive the legislative intent idler the statute . When the legislative inten t is evident from the language of the statute , says sport the duty to gift the law on its face , without resorting to solecism law to govern the intent and finding 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 perplexing 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 ju dges may rely on case law to determine the i! ntent and purpose of a statute is when unforgiving 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 . sequel law also provides precedents on how laws are to be mute based on how prior cases have been decided (Wikipedia , 2006 conservation of parity . 4 . Case law decisions translation statutes will accept judges to apply such precedents and interpretations on future casesREFERENCESCalifornia give in Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The rationalize 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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