CASE LAW TO DETERMINE INTENT AND PURPOSE OF A STATUTE2006At the scratch typesetters cause , the heart and soul of a honor must(prenominal) be discerned from the language in which it is framed . The usance of decide in the construction of a mandate is to ascertain and depict effect to the objective of the legislative body in spill the rule to begin with . To give effect to the legislative intent , the enactment(predicate)(predicate) must be interpreted according to the average implication of the language used in the statute (California republic eating house Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Thus , if the app bent(a) meaning of the statute whitethorn be discovered from the language of the statute , then decide can easily derive the legislative intent stool the statute . When t he legislative intent is unmixed from the language of the statute , attempts switch the duty to grant the police on its face , without resorting to case uprightness to instruct the intent and get of the statuteHowever , there are instances when adjudicate 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 .
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A second i nstance when judges may rely on case law to ! determine 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 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 eating place Assoc . v . Witlow (1976 ) 129 Cal . Rptr . 824 58 CA .3d 340Case Law (2006 . Wikipedia , The Free cyclopedia . Retrieved July 5 2006 from http /en .wikipedia .org /wiki /Case_law PAGEPAGE 1...If you want to get a lavish essay, order it on our website:
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