...statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation of statutes. There are four different rules of interpretation in English law which are the literal rule, the golden rule, the mischief rule and the purposive rule/approach. Each rule take different approaches and some judges prefer to use one rule while other judges prefer another rule. Traditionally, the English courts have taken a literal approach to the interpretation of statutes. The Literal Rule is the cornerstone of this approach. The literal rule requires the courts to give the words of a statute their plain meaning. It is for a court to interpret Parliament’s intention from what it has actually said – not from what it thinks it meant to say. This can produce some surprising results as, in practice, words seldom have a single plain meaning. The example case of the literal rule can be Whiteley v Chappell (1868-69). It was a statutory offence to impersonate “any person entitled to vote” at an election. The defendant impersonated someone who was on the electoral register but who had died before the election. He was acquitted as deceased persons had no right to vote in the election (Paul, 2002). The Golden Rule is an...
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...are to ensure consistency/uniformity and predictability, thus creating confidence in the legal system. The stare decisis (stand by what is decided) enacts the requirement on the courts to follow/abide by the previous rationes decidendi of previous cases. Mainly, the lower courts will abide by precedent decisions due to the hierarchy invested therein (Binding precedent). In 1966, the House of Lords (now known as UK Supreme Court) referred to the doctrine of precedent as “…an indispensable foundation upon which to decide the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for the orderly development of legal rules”. However, the House of Lords advised that: “…that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law. This announcement is not intended to affect the use of precedent elsewhere than in this House.” This Practice...
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...conflicting interests. Both legal and general English contain many words with more than one meaning. In fact, some of the broad terms are used which have seven or more distinct definitions. With this being the case, even the best drafted legislation can include many ambiguities. This is the fact where people look at a text from different points of view they will naturally find different meanings in the language used. The courts are helped by a number of tried and tested rules of statutory interpretation. Judges have their own preferences as to these rules and are free to choose which approach to adopt depending upon the circumstances. The first option open to the judge is literal rule which involves applying the 'plain, ordinary, literal meaning’ of words even if this would lead to a manifest absurdity. This rule has been widely used even though the results have made nonsense of the law. This is illustrated in the case of Whitely v Chappell [1868] where it was held that the defendant was not guilty since a dead person is not, in the literal meaning of the word, "entitled to vote". This rule has also bought about harsh decisions due to the way it is applied. In...
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...The aids to interpretation used by the judiciary, how this may impact upon the sovereignty of parliament This assignment aims to introduce and discuss the aids to interpretation used by the judiciary and how this may impact upon the sovereignty of parliament. The legal system of both England and Wales has a body which includes legislations, common law and other legal norms that are established by parliament, the crown and judiciary. The courts are organised in a hierarchal structure and England has no written constitutions like the US therefore giving parliament power of 'law-makers' especially after they made themselves a supreme body who represent the people of the country, they have unquestionable power (unlike the other law-makers) to add, remove and change legislations without consulting the outsiders. As parliament don't have time to look through all bills passed the following can make 'delegated' (or subordinated) legislations; ministry of crown, privy council, local authority, courts and tribunals. Regulations in Chester v Bateson 1920 shows an example of a delegated legislation being declared void by parliament. The English courts are set in a hierarchal structure with this England developed a doctrine of binding precedent (doctrine of stare decisis Latin for "to stand by decided cases") meaning, when cases are being tried judges are bound by decisions of superior or equal court status within their jurisdiction and they must check for previous similar cases for...
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...Phase 1 – short term – Rollout a feedback system – need to find one based on literature * Start in one area, such as the line where Jeilang works * Literature – what is the right approach? Anonymous suggestions? Or open conversations where they know they will not lose their job for making a suggestion? * Budget required? * Measurement – record quantity of suggestions, compare to previous * Wording – based on system in India Change language on signage * May need to do away with signs all together in the future, but should be relatively simple and cheap fix for short term - any idea how many signs?? * Start offering English lessons to employees * Ask them first if they are interested in this * One hour per week as a group? On own time? * Cost for tutor? Are there internal employees who can/want to do this? Reduce/adjust supervision * Employees more effective at night * Where to put supervisors? Don’t want to fire and increase morale issues, but need to effectively use their time * Phase 2 – medium term Business classes for employees * bring in an instructor, but on employees own time?. * Based on surveys – “I want to own business” dominated survey responses – employees have overwhelming desire to learn. * If on their own time low costs – but would they want? * Need employees to evaluate – metrics – do they like the classes? Helpful? Cross Train employees * Look at which positions could easily...
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...Table of Contents CROWDFUNDING IN PAKISTAN: WHAT MOTIVATES THE CROWD TO INVEST IN START-UPS? 2 Introduction: 2 Literature Review: 3 Research Methodology: 7 Findings: 8 Conclusion: 10 Works Cited 11 Appendix (interview guide) 12 CROWDFUNDING IN PAKISTAN: WHAT MOTIVATES THE CROWD TO INVEST IN START-UPS? Abdul Munim Khan, SZABIST Karachi, munim-khan777@yahoo.com Rana Muhammad Shoaib Hassan, SZABIST Karachi, shoaib.hassan99@yahoo.com Jawad Amjad, SZABIST Karachi, jawadbukhari51@yahoo.com Abstract Crowdfunding is an increasingly popular source to fund start-up, worldwide. In crowdfunding, a form of crowdsourcing, many crowdfundees collectively fund a start-up by providing parts of the requested funding in prospect of financial returns or social return. While extant research has provided insights into the crowd’s motives for participating in various forms of crowdfunding initiatives, we know little about the motivations that drive the crowd to invest in start-ups via crowdfunding. In literature, there are ongoing calls to investigate this phenomenon since it is expected that motives for investing in start-ups via crowdfunding differ from motives for engaging in other forms of crowdsourcing initiatives. Against this background, this research aims at investigating why crowdfundees fund start-ups. In this research paper we build on related literature to theoretically develop a research model and plan to validate this model with an empirical survey on an equity-based...
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...to change attitudes, behaviour, teaching methods curricula and environments to meet the needs of all children - Inclusive education is broader as it includes the home, the community and other opportunities for education outside of schools - It is a dynamic process which is constantly evolving according to local cultures and contexts and is part of the wider strategy to promote an inclusive society WHAT TYPES OF ADAPTIONS ARE NECESSARY TO REMOVE BARRIERS TO LEARNING AND TO MAKE IT POSSIBLE FOR ALL LEARNERS TO PARTICIPATE? - The classroom and school environment – making changes in the classroom and in the school building and environment that could make it easier for the learners to come to school and to learn and also by using assistive aids that may be needed - The learner – find out how the barriers to learning of the learners in your class affect their learning – find out from specialists and experts what you can do - School subjects – make changes to subjects you teach in terms of level and expected outcomes including the level at which you teach the subject to the learners as well as the range of subjects - Teaching strategies –make changes to your teaching methods to suit the learners needs - Participation in other school activities – make changes in order to ensure the learner’s active participation - Tests, exams and assessments – make changes in order to assess the learner’s learning more accurately WHAT ARE BARRIERS TO LEARNING? - It refers to anything...
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...Introduction This report will be based on the following which is the process when making an act of parliament the different stages they have to go through when a new law is being brought out and also the rules of statutory interpretation. For the merit, the methods of law making will be compared and contrasted and also the applying the rules of statutory interpretation. For the final part of this report, the role of the Judiciary in the formulation and interpretation of legal rules. How (most) laws are made * Most new laws passed by Parliament result from proposals made by the government. * Proposals aim to shape society or address specific problems. * Normally, they ‘re created over a period of time An issue or problem emerges on the government's agenda Originally, a government's plan is well-informed by the general election. Politician parties compete for support from British voters by campaigning on their view for the country and how they would make things better for the UK and change things. The political party which wins the election then forms the government, and bases its legislative agenda on its election manifesto. But, where no single political party decisively wins the election - as happened in 2010 - two or more parties may form an alliance government. They might have to negotiate a joint vision and agree on which new laws to champion in the future of the parliament. Once in government, other events and effects also compete for ministers' attention...
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...Certainty in the law is a concept for which the Administration of Justice strives. Judicial precedent promotes certainty in case law while Statutory Interpretation promotes certainty in legislation. Discuss these statements with reference to the principles and rules of Judicial Precedent and Statutory Interpretation. Illustrate your answer by reference to cases. Individuals have different perceptions, and businesses operate in a market-based system, where production is fuelled by profit maximization. Conflict will inevitably arise. Law helps societies maintain social order, which enables individuals to interact, and provides a framework within which businesses operate (Kelly, Holmes and Hayward). The law impacts different aspects of our lives. There are rules to govern property, health, and a range of human activities. Vernon Rich describes laws as “written expressions of the enactment or decree of legitimate governmental authority, which formally define standards of behaviour and provide for punishment by the government for those who disobey” (63). Since the consequences of disobeying laws can be severe, judges and legislators strive for certainty in case law and legislation, to ensure the most just ruling. Although critics argue that judicial precedent and statutory interpretation have limitations, they undoubtedly promote certainty in case law and legislation. Case law, or common law, is law enacted by judges based on decisions made in the cases they...
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...Classroom observation and analysis, in other words classroom research is not merely important for improving students’ learning but it also essential for teachers’ development. Observation of methodology, (for in-use evaluation) to see how the teacher uses the textbook in the class and how the students respond to it, is an important procedure of evaluation. It has to be seen how well the students have grasped the concepts and how proficient they have really become in using the language. For this purpose an evaluator has to observe the teacher while she is actually teaching in the class by the use of the course book and the students when they are being taught. It will also help the evaluator to check the students’ level of motivation. A clear idea about the interest of the learners can be obtained by viewing the learners in the class when they are being taught by the use of the textbook. It also has to be seen whether they enjoyed the lecture or considered it to be a dull and useless one. Observation also aids in determining how active and attentive the students are in the class. New teachers are usually full of new ideas but with the passage of several years they fall back on previous lesson plans and do not introduce anything truly creative. Therefore, teachers need to evaluate their own teaching styles. Brown thinks “A teacher who wants to avoid getting into a rut- or to climb out of a rut into which he has fallen – should make a through and honest evaluation of his teaching...
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...norms do not match their feelings or thoughts. Sexual identity is the sexual part of human expression that does not include ideas like sexual orientation, sexual preference, physical gender, or body type. If an individual considers his or her gender as female and is at ease with referring to his or her individual sexual characteristics in feminine terms, his or her gender identity is female. Gender identity has nothing to do with the physical characteristics of gender; but focuses on how the individual thinks (either masculine or feminine) and how he or she expresses those feelings. Ghosh (2012) explains gender identity as “self-identified, as a result of a combination of inherent and extrinsic or environmental factors”(para. 1). BiologicalFactors In normal biological development, the rule is that the genetic soup determines normal sexual and hormonal development based on the female (X/X) gene and the male (X/Y) gene. These genes and their linked hormones (estrogen for females and testosterone for males) start a complicated growth process in the developing...
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...Principles of Learning and Teaching STUDENTS AS LEARNERS – 35% THEORISTS LEV VYGOTSKY http://facultyweb.cortland.edu/andersmd/VYG/ VYG.HTML JEROME BRUNER http://tip.psychology.org/bruner.ht ml JOHN DEWEY http://www.infed.org/thinkers/e t-dewey.htm Importance of CULTURE humans use of tools and symbols to learn – culture dictates what we learn and how • Higher and Lower mental functions – elementary (or lower) functions gradually transform to HMF through culture • Central ROLE OF LANGUAGE: Language is made possible because of our culture (tools and symbols). The learning of language (or signs) is brought about by social processes, and language or signs ultimately make thought possible. Three stages in the development of speech a. Social speech – speech to control the behavior of others b. Egocentric speech – three to seven year olds – talking to themselves to learn c. Inner speech – soundless speech – thinking in our head • ZONE OF PROXIMAL DEVELOPMENT: The discrepancy between a child's mental age [indicated by the static test] and the level he reaches in solving problems with assistance is the zone of his proximal development. _________________________________ ABRAHAM MASLOW http://www.ship.edu/~cgboeree/m aslow.html HEIRARCY OF NEEDS • Physiological needs • Safety needs • Belonging needs • Esteem needs • Self-actualization • Principles: learning is an active process in which learners construct new ideas or concepts based upon their current/past knowledge – DISCOVERY...
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...Introduction to Commercial Law “The law isn’t perfect but it certainly beats whatever is in second place.” ~ Kojak 1974 The common law system is based on the English model which has been inherited by various countries whose development has been influenced by British colonialism, in particular Commonwealth countries. Given that the law reflects the general character of the society in which it exists, it is not surprising that over a period of 200 years there is a lack of complete uniformity between the laws of those countries influenced by British settlement. Nevertheless, the British common law / equity systems have more in common than they have elements of difference, with models sharing common values, institutions and principles. There are, of course, other types of legal systems throughout the world, such as those who have adopted the civil law system, which has its heritage in Roman law, or those based in religion (syariah law) or politics (such as socialist law). However, this essay will focus on the British common law / equity system which have been adopted by various Commonwealth countries throughout the world, including Singapore. The expression ‘common law’ is used to describe a legal system based on the English model. This expression is also used to describe case law – the law developed by the courts as distinct from the law enacted by parliament. The common law in this sense owes its existence to the creations of generations of judges...
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...PGCE Secondary Mathematics: Assignment 1 – The Teaching and Learning of Mathematics Part 1: The Nature and Place of Mathematics in the School Curriculum When I studied maths at secondary school I had no real understanding of its importance in our society, I enjoyed the satisfaction of solving problems but, like many young people, believed that maths was going to be unnecessary in the real world. As an adult it became abundantly clear to me that mathematics was a vital component in not just personal success but in the success of society. The notion of what mathematics should be taught and how it should be taught differs dramatically between different educational ideologies; Industrial Pragmatist, Mathematical Purists, Progressive Educator and Social Reformer. These ideologies are not real groups or organisations but represent the competing influences in mathematics education. “The industrial pragmatists see mathematics as an established collection of very useful techniques and skills that can be applied to a large range of technical and scientific contexts.” (Johnston-Wilder, Johnston-Wilder, Primm, & Lee, 2011) Mathematics is needed in the school curriculum for the prosperity of our country; industry needs the future workforce to have the necessary skills to push the economy forward. For this reason it is seen as important for education to provide good standards of numeracy, data handling skills and use of ICT. Although I acknowledge this is an important requirement...
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...Different countries have different output despite whether the accountant follow a set of rules. This is because, even though accountant follows a set of rules, there are still possibilities that the set of rules does not covers every aspects in detail. This had led to room for professional judgements. It will be based on accountant’s judgement. The differences is not only between countries but it could differ within the country as well especially for Multinational enterprises (MNEs) it could be complicated as it involved different countries. MNEs can be defined as companies who offer products or services internationally. For instance, company XYZ’s headquarter is in Malaysia while its branch is in China. The existence of MNEs can be explained by Dunning’s eclectic paradigm. Firstly because the companies can gain access to assets that will gives them competitive advantages over local firms. Secondly due to the extent to which relative transaction cost make it appropriate for the companies to use such advantages themselves instead of to license or franchise to other firm and lastly, the existence of MNEs because of relevant cost and the government policies that encourage companies to perform production in other countries. MNEs can be classified into three groups: resource-seeking, market-seeking and efficiency-seeking. Resource-seeking is the search of resources in other country. While companies with market-seeking, they tend to establish subsidiaries. Those subsidiaries play...
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