Law 2101 Lecture Notes - Lecture 2: Statutory Interpretation, Ratio Decidendi

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

Document Summary

But those rules, or their application to a future matter are not always clear. There are rules as to how those rules should be interpreted. Courts must decide if facts or particular case fit within general language. This involves: determining the meaning of statutory terms and determining the applicability to statutory terms. Rules of statutory interpretation are better understood as guidelines (assist in resolution of dispute but don"t determine the outcome(cid:524) Allows people to organize legal affairs based on reasonable expectation of rights and. The weight to be given to each of these elements in a particular case is not settled. Star decisis (cid:498)to stand by decisions and not to disturb settled matters(cid:499) Courts must follow the jurisdictions of higher courts in the same jurisdiction. Courts should decide like cases alike (follow precedent) Courts are only bound to follow the decisions of those courts that are higher in the same judicial hierarchy.