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 front cause , the heart and soul of a righteousness must(prenominal) be discerned from the language in which it is framed . The usance of adjudicate in the construction of a faithfulness is to ascertain and ad forecast effect to the objective of the legislative body in spill the code to begin with . To give effect to the legislative intent , the legislative act must be interpreted according to the average importation of the language used in the codified (California republic eatery Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the app bent(a) meaning of the rule whitethorn be discovered from the language of the statute , then adjudicate can easily derive the legislative intent toilet the statute . When the legislativ e intent is unmixed from the language of the statute , resolve switch the duty to grant the faithfulness on its face , without resorting to brass uprightness to instruct the intent and use of goods and services 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 suspicious 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 ma! y rely on case law to determine the intent and purpose of a statute is when severe adherence to the letter or plain meaning of the statute would result in an absurd description of the legislative intentReference to case law in the two instances mentioned would succor a judge to refer to previous interpretation and clarifications of level-headed provisions . Case law also provides precedents on how laws are to be understood base on how prior cases have 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 want to get a expert essay, order it on our website: OrderCustomPaper.com

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