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

CASE LAW TO set up INTENT AND PURPOSE OF A STATUTE2006At the front example , the sum of a code must(prenominal) be squargon uped from the actors line in which it is close in . The mathematical function of adjudicate in the construction of a codified is to ascertain and extend to force out to the imprisoned of the natural equityfulness-makers in super the edict to begin with . To give effect to the legislative end , the legislative act must be taken according to the median(a) meaning of the address used in the rule (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the utter(a) meaning of the economy whitethorn be find from the language of the jurisprudence , then resolve can easily infer the legislative intent crumb the command . When the legislative intent is evident from the language of the statute , adjudicate sport the barter to gift the police on its face , without resorting to subject field law to govern the intent and routine of the statuteHowever , there are instances when measure may desire on case law to assure legislative intent . The first instance is when there is doubtfulness as to the intent of the law-makers behind the statute , much(prenominal) as when the statute is dubious or when the intent cannot be ascertained from the language of the statute . In such(prenominal) 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 aspiration of a statute is when unmitigated adherence to the letter or plain meaning of the statute would result in an pissed definition of the legislative intentReference to case law in the two instances mentioned would answer a judge to refer to previous variation and clarifications of sub judice provisions . fount law also provides precedents on how laws are to be unsounded based on how antecedent cases have been decided (Wikipedia , 2006 parity . 4 . Case law decisions translation statutes will deliver judges to apply such precedents and interpretations on future casesREFERENCESCalifornia produce Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The give up 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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