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Author Quick bit of law (as in uni) help.......
Haimsey
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28th Nov 06 at 20:54   View Garage View User's Profile U2U Member Reply With Quote
might be a bit simple this, but i cannot for the life of me remember or find anything.

Is case precedent an intrinsic or extrinsic aid to statutory interpretation

thanks for any help, im stuck on my coursework till i bloody remember

Marcy Marc

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gianluigi
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28th Nov 06 at 20:58   View User's Profile U2U Member Reply With Quote
case law sets a judicial precedent.

explain what intrinsic and extrinsic means please?
richardworrall
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28th Nov 06 at 20:59   View Garage View User's Profile U2U Member Reply With Quote
translated into english....
Haimsey
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28th Nov 06 at 20:59   View Garage View User's Profile U2U Member Reply With Quote
intrinsic are internal aids
extrinsic are external aids

Marcy Marc

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Haimsey
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28th Nov 06 at 21:00   View Garage View User's Profile U2U Member Reply With Quote
i think it might be intrinsic, since extrinsic are dictionaries etc.

but i dont want to guess because this c/w is being assessed

Marcy Marc

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Haimsey
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28th Nov 06 at 21:05   View Garage View User's Profile U2U Member Reply With Quote
Also would you say the different approaches (literal, mischeif, golden) to statutory interpretation are aids

Marcy Marc

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Skylined
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28th Nov 06 at 21:06   View User's Profile U2U Member Reply With Quote
quote:
Originally posted by richardworrall
translated into english....


Obviously this thread is aimed at "Law" type people as explaining it all would be a waste of time to anyone else.
Fee
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28th Nov 06 at 21:17   View User's Profile U2U Member Reply With Quote
I would say it can be either....

Generally judgements will follow statutes...they're the existing law that is there to be followed...

but some do go to the extreme and bring about law reform...so new statutes are introduced as a result of their judgements
Haimsey
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28th Nov 06 at 21:20   View Garage View User's Profile U2U Member Reply With Quote
i think ill go with saying precedent is an intrinsic aid

stupid how i get most of it and then get stuck on one silly little bit grrr

Marcy Marc

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Haimsey
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28th Nov 06 at 21:40   View Garage View User's Profile U2U Member Reply With Quote
Nope im still confused.

What i need to know is -

Is case precedent an intrinsic or extrinsic aid to statutory interpretation?

and

Are the different approaches to statutory interpretation (literal, golden and mischeif rule) classed as aids to statutory interpretation?


Confuzzled.

Marcy Marc

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Hammer
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28th Nov 06 at 22:02   View User's Profile U2U Member Reply With Quote
do you know what the literal, golden and mischief rules are?
Haimsey
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28th Nov 06 at 22:07   View Garage View User's Profile U2U Member Reply With Quote
yesh, i understand all of that

i just dont know whether they are classed as aids i know they are approaches to interpreting a statue, but would this mean they come under the heading of "an aid"?

Marcy Marc

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Hammer
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28th Nov 06 at 22:08   View User's Profile U2U Member Reply With Quote
clicky

any use? im trying to remember all the shit i had doing law lectures
Haimsey
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29th Nov 06 at 00:25   View Garage View User's Profile U2U Member Reply With Quote
woooooooooooooooooo

i found it
in a handout i had at AS level from the 19/04/05

but it says that court decisions are extrinsic aids

atleast i found it, thanks for hte help people

Marcy Marc

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Ally
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29th Nov 06 at 00:32   View User's Profile U2U Member Reply With Quote
It was a meteorite that wiped out the dinosaurs
Haimsey
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29th Nov 06 at 00:33   View Garage View User's Profile U2U Member Reply With Quote
then where did the chicken come from?
or was it an egg that came first?

[Edited on 29-11-2006 by Haimsey]

Marcy Marc

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