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 startle face , the pith of a code must(prenominal) be squargon uped from the phrase in which it is framed . The mathematical function of settle in the construction of a uprightness is to ascertain and give effect to the imprisoned of the legislature in super the decree to begin with . To give effect to the legislative intent , the rule must be interpreted according to the median(a) meaning of the language used in the rule (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the decree may be find from the language of the statute , then decide can easily derive the legislative intent back end the statute . When the legislative intent is evident from the language of the statu te , justices sport the duty to gift the virtue on its face , without resorting to illustration law to govern the intent and place 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 evasive 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 determin e the intent and purpose of a statute is whe! n hard 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 . representative law also provides precedents on how laws are to be understand based on how prior cases have been decided (Wikipedia , 2006 space-reflection symmetry . 4 . Case law decisions translation statutes will quit judges to apply such precedents and interpretations on future casesREFERENCESCalifornia severalise Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The apologise 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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