Law 2101 Lecture Notes - Lecture 2: Traction Engine, Statutory Interpretation, Obiter Dictum
8 Mar 2018
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Document Summary
Previous lecture indicated that vegetable packers were exempt from law concerning. Mushroom packers insisted mushrooms were fungi, not vegetables so they should fall under. Court decided mushrooms are vegetables the law. The law, through various mechanisms, sets down various rules. But those rules, or their application to a future matter, are not always clear. Statutes are often couched in general language. Courts must decide if facts of particular case fir within general language. No set formula for determining legislative meaning. "rules" of statutory interpretation are better understood in guidelines. "best described as a process that require the exercise of judgment in balancing the ordinary meaning of words, context of entire statute, and purpose of statute" The weight to be given to each of these elements in a particular case is not settled. Stare decisis: to stand by decisions and not to disturb settled matters. Courts must follow decisions of higher courts in same jurisdiction.
