Law 2101 Lecture Notes - Lecture 2: Specific Weight, Precedent, Table Dance

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

Courts need to decide if the facts of a case fit within general language. Must determine the meaning of statutory terms and determine how applicable the statutory terms are. There is no set formula for determining legislative meaning. The rules" of interpretation are better understood as guidelines. Modern rule of statutory interpretation is best described as a process that requires judgment in balancing the ordinary meaning of words with the context of the statute and the purpose of the statute. There is no specific weight for each of these elements. Judgment and argument of these things is critical. In the highway traffic act, vehicle includes a motor vehicle, bike, road building machine, but does not including a motorized snow vehicle or a street car. Stare decisis: to stand by decisions and not to disturb settled matters . Courts must follow the decisions of the higher courts in the same jurisdiction. Courts should decide like cases alike (follow precedent)