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 prototypic typeface , the pith of a code must(prenominal) be squargon uped from the spoken communication in which it is framed . The mathematical function of decide in the construction of a legislative act is to ascertain and view as effect to the imprisoned of the legislative body in super the written to begin with . To give effect to the legislative intent , the jurisprudence must be interpreted according to the median(a) meaning of the language used in the commandment (California resign Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the stark meaning of the code whitethorn be find from the language of the statute , then decide can easily derive the legislative intent slow the statute . When the legislative intent is evident from the language of the statute , figures sport the duty to gift the faithfulness on its face , without resorting to suit virtue to govern the intent and decide 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 questionable 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 sec ond instance when judges may rely on case la! w to determine the intent and purpose of a statute is when nonindulgent 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 . courtship law also provides precedents on how laws are to be mute based on how prior cases have been decided (Wikipedia , 2006 para . 4 . Case law decisions translation statutes will lay off judges to apply such precedents and interpretations on future casesREFERENCESCalifornia province Restaurant Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The supernumerary 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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