...and revoked security access on December 14. For the French employees, this was communicated formally (writing) on a company-wide basis and informally (verbally) on an individual basis. Per French law, the Company was not allowed to fully terminate the employees on the date of notification. Instead, the Company submitted to the union employment committee the names of the employees it intended to terminate (those who were verbally notified on December 14). The union then had 30 days to notify the Company whether or not they agreed with the Company’s selections (based on experience, tenure, family status, health conditions, time to retirement, etc.) Should the union determine that an employee was not properly selected, they would notify the Company, and if the Company chose to continue to select that employee, it would open the matter to a separate settlement risk. The union came back on January 11 notifying the Company they agreed with all but one employee. The Company determined they would keep the employee in question on the list, and has reserved an additional settlement amount. On January 11, the Company sent via certified mail the official termination notices to the employees affected (the same employees communicated to verbally on December 14). Also per French law, employees are given the opportunity to choose when they will take leave from the Company: Option 1 is 14 days from the official termination notice – receiving one months’ pay from the employer and 7...
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...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention...
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...of International Trade and Industry and others. Under ministry there are several department. Department is the Government agency that is under a ministry. Generally, the departments have branches in the state and district levels. Department's role is to implement many of the things that is under a ministry. Administrative Officer of many department is Director General of Department (Federal) or Director (State). Under department, basically there are two types of Public Corporations, namely Statutory Bodies and Non-Statutory Bodies (government owned company). Statutory bodies are organizations established under an Act of Parliament or State Enactment. Federal statutory body for instance is FELDA, MARA, BANK and others. Statutory bodies such as the State of Sabah is the Sabah Foundation, SLDB, USP, the District Council and others. Non-Statutory bodies are the organizations established under the Companies Act, where the Government has an equity interest. Examples of Non-Statutory Bodies are MAS, PETRONAS, SFI, Labuan Wood Products, and so on. The purpose of the Public sector is to enable direct government involvement and more effective in the field of socio-economic development and the activities that are not taken up by the private sector....
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...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...Legislative Summary: Lord’s Day Act Lord’s Day Act Is a Territorial Act The Act exists because the Privy Council in England struck down all Canadian provincial Sunday closing laws, on the grounds that these constituted criminal legislation, which by the BNA belonged exclusively to the Federal government. A campaign, joined not only by Protestant churches but also the Roman Catholic hierarchy and the labour movement, was organized to persuade the Federal government to enact Lord's Day legislation (wrights, 1). The Act was passed in 1906. The act was set up to prohibit sport, entertainment, and almost all commerce on Sundays. The legislation impacted the citizens of Canada. It regulated what people could do on Sundays. It also affected the businesses of Canada that they could not make money 7 days a week. The legislation was changed on Apr 24, 1985 - The Supreme Court of Canada found that the Lord's Day Act was contrary to the freedom of religion guaranteed in the Charter of Rights. In the Yukon the Act still exists as stated in the REVISED STATUTES OF THE YUKON 2002 in Chapter 142. It is not enforced though in the Yukon. The intended results of the act were to give people a day of rest within the working week. It was influenced by the Churches in Canada. The influence came from their history from their original countries of origin like England. The indirect results of the act were that the non-religious people were not able to shop on Sunday’s. The result of the act...
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...Is a Law Against “Libel Tourism” Needed? by John Gregory More posts by John » The US Senate has passed a bill against ‘libel tourism’, essentially barring the enforcement of defamation judgments from places that the US deems to protect free speech insufficiently. In what has become a widespread but still unfortunate practice, the bill’s name is an acronym: the Securing the Protection of our Enduring and Established Constitutional Heritage Act (viz the SPEECH Act).* Out-law.com has this story and more official information is available on the Govtrack.us site. (It does not show the bill as passed as of July 14.) Is such a bill necessary? Would not a rule like the Canadian one of not enforcing a foreign judgment if the foreign court did not have a real and substantial connection with the controversy be enough to refuse enforcement? Or are British rules on jurisdiction over online publications no more liberal than American or Canadian laws? Did the Ontario Court of Appeal in Bangoura v. Washington Post 2005 CanLII 32906 (ON C.A.) get it right? Is the Senate bill just a little hypocritical, given the willingness of many US courts to take jurisdiction over activities that occur well outside the US (and of US legislatures to give it to them)? Is the test clear: refuse to enforce judgments that undermine the first amendment to the Constitution of the United States? Presumably that should mean that enforcement in the US would undermine the protection of US speech by the first...
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...Chapter 3: Principles of Statutory Interpretation 3.1: The Literal Rule "If the precise words used are plain and unambiguous, in our judgment we are bound to construe them in their ordinary sense, even though it does lead to an absurdity or manifest injustice"- Jervis CJ in Abley v. Dale 1851. The literal rule means the interpretation of Acts purely according to their literal meaning; it has fallen out of favour since the 19th Century. The literal rule of statutory interpretation says that words in a statute should be given their ordinary, literal meaning, no matter how absurd the result . An example of this rule can be seen in IRC v Hinchy (1960), in which the House of Lords was considering the effect of the Income Tax Act 1952. Section 25 of the ITA stated that any tax avoider should pay a £20 fine and ‘treble the tax which he ought to be charged under this Act’. Hinchy’s lawyers argued that this meant a £20 fine and treble the amount of tax which had been avoided. Unfortunately for Hinchy, the House of Lords decided that the literal meaning of ‘treble the tax which he ought to be charged under this Act’ was that a tax avoider should pay a£20 fine and treble his whole tax bill for the year. The outcome of the case was that Hinchy had to pay £438, even though the amount he had avoided was only £14.It is almost certain that the meaning applied by the House of Lords was not what Parliament had in mind when the Income Tax Act 1952 was passed. The statute was badly worded. The...
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...What is Statutory Interpretations? Statutory Interpretations is the process by which Judges interpret Acts of Parliament. 75% of cases heard by the House of Lords are concerned with statutory interpretation. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Sometimes the words of a statute have a plain and straightforward meaning. But in most cases, there is some ambiguity (can be interpreted in more than one way) or vagueness (unclear) in the words of the statute that must be resolved by the judge. An example of where the language was unclear can be seen in the case of Twining v Myers (1982), where court has to decide whether roller skates amounted to a ‘vehicle’. There may be other cases where the meaning of words change over time, for example the Offences Against a Persons Act 1861 uses the word “malicious” and “grievous” which either would not be used in this modern day and time, or if used have different meanings to which was intended when the Drafts Man of the act write it. Other means of when Statutory interpretations would be needed is when Drafting errors are present in the bill, this happens mostly when bills are rushed in times of emergency. Problems of interpreting statutes? The problems with interpreting statues is that Judges have to decide what parliament meant by a particular piece of legislation. In most cases judges correctly judge of what the intentions...
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...External Aids to Construction * According to cross there are two categories of the external aids. (1) Informed interpretation (2) Legislative history Informed Interpretation 1 Historical settings of the statutes 2 Dictionaries and other literary sources. * Interpreting considering the all aids 3 Practice to construction 4 Contemporary exposition 5 Other statutes on the same subject ( Ex: consider the Bail Act with the criminal procedure Active ) | Legislative history * The history of the antecedents * Parliamentary materials * Pre –parliamentary materials * Treaties and International conventions Cross explained that plain meaning rule is the practice of the England. (clear meaning) | * It should be given the clear meaning of the statute unless the words are ambiguous and imprecise; that it is to say, as the normal user and understanding of the English language * Cross emphasized that if we can take the plain meaning of the statute; it is not essential to get the assistance of the legislative history. BUT * If there is a unclear and ambiguous meaning ; we...
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...Asif Tufal DELEGATED LEGISLATION DEFINITION Law made by some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government...
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...examples of laws that protect businesses and society. (Melvin, 2011) These are only two; there are several other laws that protect business and society. From traffic violations to unethical acts, there are laws for everything, at every level, federal, state, and local. As long as there have been people, there have been rules and regulations, known as laws. Laws are bills that are made by Congress, the legislative branch of government. From Congress, the bills are sent to the president, who determines whether to approve or veto the law. If the executive branch approves the law, it is sent to the judicial branch, where it is deemed constitutional and enforced. There are different types of laws; constitutional, statutory, administrative and common law. Constitutional laws are the foundation for all other laws in the United States. This type of law establishes a structure, grants specific powers, and produces procedural protections. Constitutional laws are different from other sources of law, primarily in terms of permanence and preemption. Permanence reflects the basic principles of a particular society and should be amended only in extraordinary cases and when majority of its constituents agree over a period of time. (Melvin, 2011) Preemption gives the constitutional laws supremacy over other sources of law, such as statutes. These laws exist at the federal and state level. Another type of law that affects business as well as society is statutory law. Statutory laws are created...
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...ANALYSIS OF SKETCH OF A THEORY OF STATUTORY INTERPRETATION: JIM EVANS TABLE OF CONTENTS Summary 3 History 4 Legislative Meaning 5 Analysis 6 Objective of the Author 6 The two prongs of interpretation 6 The meaning of the enactment 6 Legislative intent and its scope 8 Exceptions and side constraints as implications of legislative will 10 Conclusion 11 Sketch of a Theory of Statutory Interpretation: Jim Evans Summary In this article the author advocates his belief that statutory interpretation should be determined not only by an interpreter's understanding of the meaning of the legislature, but also by his understanding of the will of the legislature. By the will of the legislature the author means the practical judgment or decision that a certain rule should be part of the law, not the further purpose that the legislature may hope to achieve by that, which may be described as the meaning of the legislature. Sometimes these two sources of understanding pull in different directions, or conflict each other. The author then postulates that respect for the meaning intended by the legislature and respect for the will of the legislature are two different things. He clarifies however, that this does not imply that they always lead in different directions, and in fact, in most cases they work together for two reasons. Firstly, the statute will almost always accurately express the will of the legislature for most cases, unless there has been...
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...Asif Tufal DELEGATED LEGISLATION DEFINITION Law made by some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government...
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...Statutory rape can sometimes be an unjust law because of the age concept, gender differences and rationality of the individual. Statutory rape is a non-forcible sexual intercourse with a person who is younger than the age of consent. The Age of Consent is the age at which a person is deemed by Massachusetts law to be capable of consenting to, and engaging in, sexual acts. In This Commonwealth, statutory rape is outlawed by Massachusetts General Law Chapter 265: Section 23 (Rape and Abuse of a Child): This law is based on the premise that until a person reaches the age of maturity, that person is legally incapable of consenting to sexual intercourse therefore anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law. He or she can be charged with statutory rape or any other crimes ranging from a misdemeanor to a felony depending on the jurisdiction in which they are prosecuted. The age of consent ranges from 14 to 18 years of age, although in more than half of the states -including Massachusetts - the age of consent is 16. The primary intention of statutory rape laws is to protect teenage girls and, recently, boys as well, from being sexually preyed upon by adults. By design, the laws are meant to deter and punish adults who have sex with minors. By definition, these laws are targeting non-forcible sexual activity Some states and counties are generally not pursuing teenage "lovers" who are close in age. Instead...
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...in the statutes must be solved by courts, it is true that have some ambiguity or have a unclear meaning of statutes' words in most case. Statutory interpretation allows the judge to have a clear meaning of what is meant by the statutes. Hence, statutory interpretation is an important process when the case is judging by court and courts would seek to interpret the statutes at full steam. In the modern legal system, there are four general approaches to construe statutes that are respectively the golden rule, the literal rule, the purposive approach and the mischief rule. The quoted statement by Lord Denning means, when statute is interpreting, the judge need to understand the entire content of statutes and ascertain the intention of Parliament that better than reading different section of statues and to understand them separately, or words by words. In other words, Lord Denning said that by applying purposive approach better than literal rule. We need to understand and ascertain the meaning of four approaches before discussing the statement by Lord Denning. Whichever approaches or rules may be applied by court, giving a clear meaning of particular words in the statute or interpret the basic meaning of statute. The literal rule try to give a plain, straightforward and ordinary meaning to the words of statutes in the context of statutory provision or the Act, Maybe this word has a simply and popularly understood meaning but this word would has no more one meaning in the particular...
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