The Principles and Rules used by Jundges to Interpret Statutes Essay

The Principles and Rules used by Jundges to Interpret Statutes - Essay Example According to the fictitious Act that has been used for his arrest, if Derek is defined as an employee than he is considered exempt, but if by throwing a party he has acted independently of that definition, then he is guilty of the charges. The following discussion will consider the position of Derek in relationship with his charged offense and use the rules and principles that judges utilize in order to make a judgement about the problem of the party. The definition of Derek’s position in relationship to his use of the land is vital in order to come to a well rendered conclusion. Judges and the Law The interpretation of a law becomes common law when a statute does not directly address an aspect of a situation that comes for judgment and a ruling will help to define that aspect. A judge, however, will not come into contradiction with a standing law in order to favor a different outcome to a trial (Miller and Cross 2011, p. 12). The intention of this structure is so that the law is consistent to the point at which it has already been defined, but is flexible at the points that have yet to be defined. In this way, the law grows and benefits from the learning process as human experience is developed and knowledge is gained. One of the most debatable positions on the standard of the rights of judges to debate the merits of law is through the â€Å"the rule in Heydon’s Case† which was defined in 1584. Lord Coke said at that time that â€Å"The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions, and evasion for continuance of the mischief and pro private commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico† (Solan 2010). This statement, whether or not one believed in the context from which it was created, clearly states that the law is the intention of interpretatio ns by judges. There are fixed rules and principles by which law is interpreted by judges in England in order to put limitations on the liberties that judges might use when interpreting statutes. A statute must be interpreted with equity so that the fairness of the law is the defining principle upon which it is interpreted. Where case law and legislative law come into conflict, Parliamentary Sovereignty is the ruling principle in which legislation will be considered over case law. Substantive law dictates that a law must be defined by standards of moral intent that are in line with the general understanding of right and wrong. Deference suggests that where others have interpreted law in one direction, it is likely that the law should continue in that direction of interpretation (Smith 1848, p. 828). Derek’s Position: Discussion The fictitious Prohibition of Unsolicited Parties Act 2010 suggests that ‘a gathering of more than a hundred people on land for a social purpose in which alcohol will be consumed’ (section 1) is a criminal offense when permission for this event has not been organised under the permission of a local magistrate (section 2). The exception to this, which is laid out in section 3 is that the occupant of the land, his family, his employee, or an agent operating under his

Dyslexia Essay Example | Topics and Well Written Essays - 1500 words

Dyslexia - Essay Example The entire of this entail utilizing of symbols to convey information. These circumstances can appear in combination or alone. Dyslexia usually runs in families. A student suffering from dyslexia can have the problem of separating sounds and rhyming that make up spoken words. The abilities seem to be significant in the progression of learning on how to read. The student’s first reading skills are founded on word recognition which entails being capable to disconnect out the sounds in words and equal them with letters and groups of letters (Ahissar M, November 2007). Because students with dyslexia have the problem of connecting sounds of language to letters of words, they can have problem comprehending sentences. True dyslexia is wider than simply transposing or confusing letters for example mistaking â€Å"d† and â€Å"b†. Other factors causing learning disability and especially the reading disability should be stated out before a diagnosis of dyslexia is performed. Emotional disorders, brain diseases and mental retardation, and particular education and cultural issues, can cause learning difficulties (Jones KM et.al, October 2004). Moore DR (2007), the duty of getting students’ attention and ensure they are engaged for a period of time needs majority of managing and teaching skills (Ahissar M, November 2007). Students with problem in following directions are usually assisted by asking them to repeat those directions in their own words. Give students with graphic organizer: outline, blank web or chart may be given to students to fill during presentations. This assists students listen for major information and internalize the link among related and conceptual information. Use of balanced presentations and activities: Effort ought to be performed to balance oral presentations with participatory activities and visual information. Likewise, there ought to be the balance between huge group, small