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What is a preferred method for judges to use to interpret a statute?
golden rule
How a judge and other judges from other courts interpret a particular statute determines what?
yes
What is a guiding principle for all judges?
If you are asking what judges use for guidance when they are making their decisions, there are several answers, and it will depend upon the proceeding and the type of judge and court.First, all judges MUST follow/consider:Relevant Statutes and CodesRelevant Regulations; andBinding Precedent (previous judicial opinions) that directly applies to the case at bar.Whether a statute is "relevant" or a prior case is "binding" will depend upon the jurisdiction (where the court is) and what type of court it is (trial, intermediate appellate, or highest). Lower courts, for example, must follow the decisions of higher (appellate) courts in their jurisdiction that are directly relevant to their case.However, it is not always clear whether a statute, regulation, or case is "relevant." This is because the meaning of the statute, code, or regulation can be ambiguous. Also, the "holding" of the prior cases (what rule it actually stands for), can be very unclear.Accordingly, to interpret the meaning of a statute, judges will often look (for guidance) to:The dictionary (to interpret the plain text of the statute),Cannons of statutory construction (understood rules that judges follow when discerning the meaning of statutes -- for example, the "rule of lenity" provides that if a criminal statute is ambiguous, the judge should favor the defendant),How other judges have interpreted the case, statute or regulation (even judges not in that jurisdiction),The legislative history (reports of what the legislature was thinking when they enacted the statute),Opinions of experts (to interpret technical or trade terms in the statute),Unofficial administrative agency opinions (similar to experts), andThe circumstances in which the statute was written (to discern its purpose)Again, judges may look for "guidance" to non-binding judicial opinions, they also look to "policy considerations," or what affect their opinion may have on the public at large.In criminal cases, judges follow sentencing guidelines to give the appropriate sentence.If the case is on appeal from an administrative decision or a lower court, judges may be required to give "deference" to the lower court's decision, and consider the lower court's reasoning in deciding the outcome of the case.In short, judges seek guidance from several different sources. Attorneys play a large role in this as well by submitting briefs to the judge (often containing arguments similar to the ones given above), which the judge usually considers fully before making a decision.
Why does the constitution define treason?
I believe it is because it is necessary for the Judges to know what the crime would be.
What are the two kinds of laws you have in australia?
Statute law and common law are the two types of laws in Australia. Statute law refers to the legislation passed in parliament. Upon approval by parliament, statute law becomes common law. Common law emanates from the judiciary, and they are laws passed by juries and judges.
How do you abolish war?
The pen is mightier than the sword; simply write a statute.
Is there a statute of limitation for employee write ups?
A statute of limitations refers to limits on how long after an event a legal proceeding may be initiated. There is a statute of limitations for employees to file a legal action disputing a write-up. The write-up is not an actual legal action thus there is no statute of limitations on it - an employee can be written up long after the action they are being written up for supposedly took place. Of course the longer after an event supposedly took place, the shakier the justification for the write-up becomes; the longer the lag, the more difficult it gets to explain why, if the action was worth writing up, it wasn't written up already. EEO and whistleblowing retaliation suits (which often stem from write-ups) have to be filed within a specified time after the victim becomes aware of the discrimination or retaliation - which becomes the defacto statute of limitations. In the case of legally disputing a write-up, the clock starts ticking from the time the employee became aware of the write-up.
When judges make laws they?
Judges do not make law, they set precedent. The Legislature forms and passes statutes. Once someone is taken to court in violation of a statute, the Judge interpret the law and sets precedent for how the law should be interpreted in the future by equal courts within that district.
What are two documents used to write the Constitution?
The Virginia Statute of religious freedom and the Virginia decleration of rights.
Does a state statute have priority over a common law of that state?
Statute law comes from legislation. Legislation is enacted by our parliaments and politicians supposedly voicing the needs and social standards of the community as a whole. Common law is made from the verdicts made by judges interpreting statute law. Also it says so in the Constitution!
Write a sentence for the word nationalism?
The Statute of Autonomy fell short of the self-rule that basque nationalism demanded.
What is the Australian Legislation Law?
Legislation refers to Acts or statute, so Australian Legislative Law is the law that can be found in acts and statute which are legal documents written by government, (as opposed to common law which are laws formed in the courts by judges). The primary source of Legislation in Australia is the Australian Constitution Act. : D
