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September 18, 2019, 07:20:05 am

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flywithme

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« on: November 11, 2007, 01:40:54 pm »
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just wondering if anyone could post up a list of legal maxims? :)
thought it might be helpful to go over them but i can't be bothered looking through my text book for them, and i know there are more than are listed in the book anyway.
thanks!

costargh

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« Reply #1 on: November 11, 2007, 05:29:25 pm »
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errr maxims? Is that like the golden rule and stuff? ROFL if I sound like an idiot

flywithme

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« Reply #2 on: November 11, 2007, 05:34:00 pm »
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err i mean like the latin terms, expressio unius est exclusio alterius for statutory interpretation and stare decisis for precedent etc.

hahaha you don't sound like an idiot, i feel lazy for asking, should just look it up myself  :)

Pencil

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« Reply #3 on: November 11, 2007, 05:38:37 pm »
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Quote from: "flywithme"
expressio unius est exclusio alterius for statutory interpretation


We don't need to know this right?

costargh

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« Reply #4 on: November 11, 2007, 08:40:16 pm »
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LMAO as if we would need to know that.
What are those rules by the way? The Golden rule and Purposive rule? Or something?

Pencil

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« Reply #5 on: November 11, 2007, 09:25:03 pm »
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Quote from: "costargh"
LMAO as if we would need to know that.
What are those rules by the way? The Golden rule and Purposive rule? Or something?


the golden rule.. I think I seen this in an assessment report where the examiners were complaining about how students wrote about it. No idea what it is

Anywho, the methods used by judges in interpreting statutes aren't on the study design, and I've never seen them in a past exam. So I think we're safe not knowing them. Except for maybe the purpoive approach, that's the main one right?

PMD

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« Reply #6 on: November 11, 2007, 09:44:15 pm »
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The golden rule refers to interpreting statutes according to the wording of the statute but only to the extent that an absurdity does not occur.

The expressio one mentioned above (so unimportant that I can't remember it in full) means that stating one thing would be to the exclusion of all others. For example, if a legislation explicitly telephones, mobiles, TV and the internet but not radio, then the legislation would not be inclusive of radio. Bad example, but I think it illustrates the point clear enough.

The purposivst approach is interpreting the statue in the light of purpose of the legislation (which can be determined by looking through Hansard, etc). And just to finish it off, the literal approach is basically taking the dictionary definition of the words to create a meaning for the legislation.

I'd doubt that either of the terms would be needed within an exam question. They could be useful for a question about statutory interpretation, but then again, it's not likely that a question about statutory interpretation would be worth more than two marks - and thus it wouldn't be needed in such a question. But they could be useful somewhere just to show off... maybe in big a law-making by courts question.
b]2007[/b] - Legal Studies, IT Applications
2008 - Literature, History: Revolutions, International Studies, National Politics, UMEP History

flywithme

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« Reply #7 on: November 11, 2007, 09:51:27 pm »
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yes, thats why i wanted to revise them. i want to have them handy in case it becomes appropriate to use any of them.  

btw, sorry for freaking you guys out haha it's not necessary to know them and they're certainly not part of the study design :)