Law Essay

Submitted By Zain1905

Words: 415

Pages: 2

Open Document

Explain the meaning of the literal rule and golden rule.
The literal rule is very easy for a judge to apply. The literal rule simply means that judges should apply the ordinary, natural meaning of the words used in the statute. It is supported by those judges who say the role of a judge is to apply what parliament says; not try and guess what they meant.
In R v Judge of the City of London (1892), Lord Esher MR said that if the words of the Act are clear, the court must follow them even though they may lead to a manifest absurdity.
The golden rule says that if the literal rule produces an absurdity, the court should look for another meaning of the words that avoids the absurd result. This may be in two situations
The words in a statute are ambiguous and could be interpreted in two different ways. (The narrow approach)
The words in a statute have only one meaning but to give them that meaning would be completely unacceptable. (The wide approach)

The narrow approach is where a statutory provision is capable of more than one literal meaning and leads the judge to select the meaning which avoids absurdity. Then the wide approach is where the words of a statute are quite clear and only have one meaning. However, to give them that meaning would lead to an absurd or repugnant result or a result which is contrary to the intentions of parliament.
An example of the literal rule is in the case of London & North Eastern Railway v Berriman (1946) this is where the claimant’s husband had been maintaining railway

Law and Law Reform Essay

Preliminary Legal Studies The Individual and Technology Assessment Task No 2 In class essay | Date Handed Out:6/5/13 | Due Date: 23/5/12 | Weighting: 25% | Total Marks:20 | PREPARATION & SUBMISSION INSTRUCTIONS | Research and general preparation are to be completed in the lead-up to the in-class essay on 23rd May. This will include research time during normal classes. That is, THREE periods will be allocated for preparation, with ONE…

Words 837 - Pages 4

Essay about Law and Law Review

|Carleton University |Department of Law and Legal Studies | Course Outline |Course: | |LAWS & HIST 3305 C & V – Crime and State in History | | | | | |Term:…

Words 7571 - Pages 31

Essay about LAW AND LAW

LOOK nsakncanoaNKNSCKNL;NWNVWLNN Law Misrepresentation Statement 1. Introduction For Harold and Dot to prove that they have been the victims of actionable misrepresentation, three requirements have to be satisfied. First of all, there must a false statement made by Albert; secondly, it must be an assertion of fact rather than a mere expression of opinion; thirdly, it was the representation made by Albert that induced Harold and Dot to enter into the contract. The remedies available to them…

Words 1415 - Pages 6

LAW ESSAY

Explain the categories in broad terms, before comparing and contrasting the nature and characteristics of two specific defences Introduction In the field of Criminal Law, there are a variety of conditions that will tend to negate elements of a crime, known as defences. In civil proceedings and criminal prosecutions under common law, a defendant may raise a defence in an attempt to avoid criminal or civil liability. There are two kinds of defences; failure-of-proof defences and affirmative defences…

Words 846 - Pages 4

Law Essay

Should The Indian Act Be Repealed? Should The Indian Act Be Repealed? Jagpreet Singh Ms.Chaudhry CLU 3M0 January 12, 2015 Should The Indian Act Be Repealed? Should the Indian Act Be Repealed? Over the years Aboriginals living in Canada have lost their land, families,traditions, language, and much more due to the Indian Act. The Indian Act was created in 1876 by the Canadian government and this piece of legislation was created to “pr…

Words 1663 - Pages 7

Law and California State Law Essay

Dear Andrea, You really must be cautious when linking to other sites. It sounds like you have a lot of ideas for your new company, however, I want to warn you that when linking you must be careful. It is completely legal as long as you do it correctly. It is a great idea to link to already established sites to create knowledge that you are out there. When creating your own website linking can be very beneficial for your company. It can increase advertisement, which consequently increase sales and…

Words 592 - Pages 3

Law essay P2

In the Health and Social Care sector, there is a lot of health and safety legislation. For example, there are laws that deal with injuries at work, fire safety and food safety. This essay will describe the health and safety legislation in Health and Social Care. The Health and Safety at work Act (1974) is one of the main health and safety laws in this sector. Rasheed (2010) says that the law covers all activities at work. The Health and Safety Executive (n.d) explain that the local authorities have…

Words 534 - Pages 3

What Is The Law Essay

An essay on The Law In order to understand our selves, we must first understand The Law. The constantly changing fashionable take on The Law demonstrates the depth of the subject. Until recently considered taboo amongst polite society, there are just not enough blues songs written about The Law. Often it is seen as both a help and a hinderence to socialists, who are likely to form a major stronghold in the inevitable battle for hearts and minds. With the primary aim of demonstrating my considerable…

Words 464 - Pages 2

Constitutional Law Essay

Constitutional Law Revision Essay Question: 1) “It is true to state that the United Kingdom does not have a constitution”. Intro: In this essay I am going to question whether it is correct to say that the United Kingdom does not have a constitution. To establish whether the United Kingdom (UK) does have a constitution or not, I must firstly define the meaning of the term 'constitution'. On oxforddictionaries.com the term constitution is defined as being '. A body of fundamental principles…

Words 925 - Pages 4

What Is Law? Essay

98281511 Laws 110 – Lecturer: Associate Professor John Hopkins Legal System: Research, Writing and Legal Foundations Whatever axiomatic position one wishes to take with regard to the law: Be it, Plato’s embodiment of reason, HLA Hart’s system of rules, Marxist theories of oppression, or Llewellyn’s, “what officials do about disputes”, it does seem as our resource suggests that whatever form law takes, its raison d'être is generally the same;…

Words 810 - Pages 4