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Statutory Interpretation Statutory Interpretation

Statutory Interpretation - PowerPoint Presentation

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Statutory Interpretation - PPT Presentation

When judges decide on the meaning and application of the words or terms in an Act to resolve a dispute before the court Statutory Interpretation This involves judges interpreting ID: 411295

interpretation act words judges act interpretation judges words statutory legislation law reasons interpret court meaning purpose terms supplier time services goods cash

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Slide1

Statutory Interpretation

When judges decide on the meaning and application of the words or terms in an Act to resolve a dispute before the courtSlide2

Statutory Interpretation

This involves judges interpreting ________________________

By doing this, judges are involved in ____________________ what

is

the law.

Whilst the courts

________________and ___________________ existing

common law principles (precedent), their main law making activity is to interpret and add meaning to

________________________

____________________________________Slide3

Reasons for statutory interpretation

There are number of reasons why a judge may need to interpret a statute. Lets have a look at a few examples:

‘It

is illegal to come within 50 meters of

a pedestrian

crossing the street’.

When two trains shall meet at a railroad each shall stop and neither shall proceed until the other is gone'.

'No person shall be permitted under any pretext whatsoever to come nearer than 50 feet of any door or window of any polling booth from the opening of the poll until the completion of the count and the certification of the returns'.

'The carrying of concealed weapons is forbidden, unless they are exhibited to public view'.

(A

law passed in 1912 USA

)Slide4

Reasons for statutory interpretation

'No person shall carry a loaded rifle on the

sabbath

except for the purpose of shooting noxious game or a police officer in the execution of his/her duty'.

Credit

Act 1984 (VIC) - Section C

'where under the contract, a credit for the payment for goods and services is, or is to be made, provided by the supplier or by a linked credit provider of the supplier, and at the time at which the contract is made, the goods and services are reasonably available for purchase for cash but are not available for purchase from the supplier for cash - means the price at which at the time the buyer might reasonably have bought the goods and services of that kind for cash;' Slide5

Reasons for statutory interpretation

The intention of the Act is ___________________________

The Act is about a technical or _____________________________

There is difficulty in foreseeing possible __________________ applications of the Act

________________________________within an Act or between Acts

Time pressures in drafting legislation left the language _______________________________

Problems relating to ________________________________

Words used may not cover _________________________________Slide6

Reasons for statutory interpretation

Thus the courts have to

analyse

and apply the law based on the question:

“_________________________________________________________________________________________”Slide7

How judges interpret legislation

Intrinsic sources (________________________________________)

judges will refer to other sections of the Act to interpret the meaning of terms or words in an Act.

Examples:

words, margin notes, footnotes, the long title, and the object or purpose clauses. Most Acts also contain a section where the key words are defined.

eg

:

Transport Accident Act 1986 (Vic.)defines a ‘transport accident’ as an ‘incident

dorectly

caused by, or arising out of, the driving of a motor car, railway train or tram.’Slide8

How judges interpret legislation

Extrinsic Sources (_______________________________________)

________________________________

Interpretation Acts (

Interpretation of Legislation Act 1984 (Vic.))

Previous decisions (binding and persuasive)

_________________________________________

Transcript from Second Reading Speech

Reports of committeesSlide9

Other approaches

used by judges

_________________________________________

judges may look for the literal meaning of a word

_____________________________________________

judges are required to look to the purpose or intention of an Act when applying it to a case before them.

Binding and persuasive precedents-

past cases may be able to assist a judge in determining the purpose or intention of the Act.

Common law rules-

e

jusdem

generis-

‘ _________________________________________’

Expressio

unius

exclusio

alterius

-

express mention of a term excludes all othersSlide10

The effect of statutory interpretation

Words are ________________________________________

however, the words do not change

________________________________________________

when a court decides on the meaning of a Act it must provide a

ratio

decidendi

.

If this decision is made in a higher court this will form a precedent to be followed by other courts lower in the hierarchy. The definition applies only to the legislation that was being interpreted,

_________________ the scope of legislation-

if the court gives a narrow interpretation to words or terms, the interpretation may limit the range of circumstances that the Act may apply to.

_________________the scope of legislation-

if the court gives a broad interpretation to words or terms, the interpretation may extend the range of circumstances that the Act may apply to.