ASAP NOWW...

[VCE22]

three reasons why law needs to be interpreted?

what is the main role of court when interpreting?

What things help a judge to make a good interpretation( both within the Act and outside of the Act itself.

What are the conditions needed to make an interpretation become a precedent


 

[mangmang712]

This should be in your textbook but some reasons for statutory interpretation are:
- the meanings of words change over time and their current meaning needs to be determined
- the courts can fill the gaps in legislation left by Parliament
- most legislation is drafted in general terms and needs to be applied to the case before the courts

[steph753]

What things help a judge to make a good interpretation( both within the Act and outside of the Act itself.
Intrinsic materials (inside the act) - the words of the act, definition section, preamble, footnotes, long title ect
Extrinsic materials (outside the act) - parliamentary debates (mainly the second reading speech), interpretation acts, dictionaries, parliamentary committee reports ect.

What are the conditions needed to make an interpretation become a precedent
For a court to make a precedent it needs to be a court of record (that is a court which has its decisions formally recorded and written in law reports) and a report of the decision needs be include statement of the facts in the case, a ratio decidendi and decision inter partes

[trenna]

^^^^^^^^ cant any court create a precedent, but the lower courts are less likely to createan effective precedent as it isnt binding?

also, main rold of courts is to interpret the meaning of words, but you could also talk about following the priniciple of stare decisis and certainty and consistency

[hard]

these are all in your book, i don't think they're that hard.

^^^^^^^^ cant any court create a precedent, but the lower courts are less likely to createan effective precedent as it isnt binding?

also, main rold of courts is to interpret the meaning of words, but you could also talk about following the priniciple of stare decisis and certainty and consistency

main role of courts isn't to interpret meaning, it's to hear cases and make decisions. Interpreting comes part of the whole process.

[trenna]

these are all in your book, i don't think they're that hard.

^^^^^^^^ cant any court create a precedent, but the lower courts are less likely to createan effective precedent as it isnt binding?

also, main rold of courts is to interpret the meaning of words, but you could also talk about following the priniciple of stare decisis and certainty and consistency

main role of courts isn't to interpret meaning, it's to hear cases and make decisions. Interpreting comes part of the whole process.

ahh touche lol, silly mistake

[Fyrefly]

these are all in your book, i don't think they're that hard.

^^^^^^^^ cant any court create a precedent, but the lower courts are less likely to createan effective precedent as it isnt binding?

also, main rold of courts is to interpret the meaning of words, but you could also talk about following the priniciple of stare decisis and certainty and consistency

main role of courts isn't to interpret meaning, it's to hear cases and make decisions. Interpreting comes part of the whole process.

ahh touche lol, silly mistake

Good thing hard picked up on ur mistake, and not an exam marker in a few months time.