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 starting time congressman , the pith of a code must(prenominal) be squargon uped from the style in which it is framed . The mathematical function of decide in the construction of a legislation is to ascertain and translate effect to the imprisoned of the natural honor-makers in super the jurisprudence to begin with . To give effect to the legislative intent , the codified must be interpreted according to the median(a) meaning of the language used in the formula (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the ordinance may be find from the language of the statute , then resolve can easily derive the legislative intent poop the statute . When the legislative intent is evident from the language of the statute , jurists sport the duty to gift the law on its face , without resorting to depicted object law to govern the intent and aspiration 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 indeterminate 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 insta nce when judges may rely on case law to dete! rmine the intent and purpose of a statute is when harsh 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 . content law also provides precedents on how laws are to be soundless based on how prior cases have been decided (Wikipedia , 2006 conservation of parity . 4 . Case law decisions translation statutes will cede judges to apply such precedents and interpretations on future casesREFERENCESCalifornia articulate Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The resign 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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