Law 2101 Lecture Notes - Lecture 3: Precedent, Statutory Interpretation, Traction Engine
22 Oct 2018
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10:03 am the law, through various mechanisms, sets down various rules. But those rules, or their application to a future matter, are not always clear. What exactly does a term in a statute mean mushrooms. What relevance does a prior court decision have to a future dispute. There are rules as to how those rules should be interpreted. Courts must decide if facts of particular cases fit within general language. "rules" of statutory interpretation are better understood as guidelines. "statutory interpretation is probably best described as a process that requires the exercise of judgement in balancing the ordinary meaning of words, the context of the entire statute, and the purpose of the 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 disturb settled matters. Courts must follow decisions of higher courts in the same jurisdiction. Courts should decide like cases alike follow precedent.
