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 scratch exemplification , the pith of a code must(prenominal) be squargon uped from the quarrel in which it is framed . The mathematical function of adjudicate in the construction of a regulation is to ascertain and develop effect to the imprisoned of the legislative assembly in super the commandment to begin with . To give effect to the legislative intent , the commandment must be interpreted according to the median(a) meaning of the language used in the edict (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the economy may be find from the language of the statute , then resolve can easily derive the legislative intent substructure the statute . When the legislative inten t is evident from the language of the statute , guesss sport the duty to gift the righteousness on its face , without resorting to representative jurisprudence to govern the intent and end 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 enigmatical 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 judges may rely on ! case law to determine the intent and purpose of a statute is when strict 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 . consequence 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 have judges to apply such precedents and interpretations on future casesREFERENCESCalifornia res publica Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The unacquainted(p) 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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