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

CASE LAW TO hold in INTENT AND PURPOSE OF A STATUTE2006At the prime(prenominal) matterful , the meat and soul of a jurisprudencefulness must(prenominal) be discerned from the lecture in which it is framed . The usance of settle in the construction of a written is to ascertain and discombobulate loading to the objective of the jurisprudence-makers in spill the edict to begin with . To give effect to the legislative object , the legislative act must be construe according to the average essence of the language used in the economy (California republic eatery Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the app bent(a) meaning of the code may be discovered from the language of the statute , then resolve can easily gain the legislative intent toilet the statute . When the legislative intent is unmixed from the language of the statute , decide switch the certificate of indebtedness to grant the justness on its face , without resorting to case legality to instruct the intent and adjudicate of the statuteHowever , there ar instances when adjudicate may deposit on case law to patch up legislative intent . The first instance is when there is doubt as to the intent of the legislative assembly behind the statute , much(prenominal) as when the statute is obscure or when the intent cannot be ascertained from the language of the statute . In such cases , justices may rely on extrinsic aids , such as case law , to interpret a statute .

A second instance when decide may rely on case law to determine the intent and procedure of a statute is when inexorable adherence to the letter or plain meaning of the statute would result in an smashed description of the legislative intentReference to case law in the twain instances mentioned would succor a judge to refer to previous edition and clarifications of level-headed provisions . Case law also provides precedents on how laws are to be understood found on how prior cases acquire been decided (Wikipedia , 2006 para . 4 . Case law decisions interlingual rendition statutes will allow judges to apply such precedents and interpretations on future casesREFERENCESCalifornia State restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The Free encyclopedia . Retrieved July 5 2006 from http /en .wikipedia .org /wiki /Case_law PAGEPAGE 1...If you need to get a broad essay, order it on our website: Orderessay

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