legal process Essay Example for Free

legal process Essay In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The other two are the â€Å"plain meaning rule† (also known as the â€Å"literal rule†) and the â€Å"mischief rule.† The golden rule allows a judge to depart from a words normal meaning in order to avoid an absurd result1. The term â€Å"golden rule† seems to have originated in the 1854 case of Mattison v. Hart as per Chief Justice Jervis’ propounding and implies a degree of enthusiasm for this particular rule of construction over alternative rules that has not been shared by all subsequent judges. For example, Viscount Simon made a point of including this note in a 1940 decision: â€Å"The golden rule is that the words of a statute must prima facie be given their ordinary meaning2.† Like the plain meaning rule, the golden rule gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislatures intention, the golden rule dictates that a judge can depart from this meaning. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. History and evolution of the Golden Rule This rule is founded on Justice Parke (later Lord Wensleydale)’s enunciation in Becke v Smith where he stated thus: â€Å"It is a very useful rule in the construction of a statute to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature to be collected from the Nokes v. Doncaster Amalgamated Collieries3, or leads to any manifest absurdity or repugnance, in which case the language may be varied or modified so as to avoid such inconvenience but no further.† Twenty years later, Lord Wensleydale restated the rule in different words in Grey v Pearson75 thus: â€Å"In construing statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless  that would lead to some absurdity or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity or inconsistency, but not farther.† With time, the rule continues to become more refined and therefore to be a more precise and effective tool for the courts. More than a century after Grey v. Pearson, a court added this caveat: â€Å"Nowadays we should add to natural and ordinary meaning the words in their context and according to the appropriate linguistic register.† In summary, this rule may be used in two ways. It is applied most frequently in a narrow sense where there is some ambiguity or absurdity in the words themselves. For Lord Simon of Glaisdale, reasons for judgment in Stock v. Frank Jones (Tipton) Ltd4 at 235 examples, imagine there may be a sign saying â€Å"Do not use lifts in case of fire.† Under the literal interpretation of this sign, people must never use the lifts, in case there is a fire. However, this would be an absurd result, as the intention of the person who made the sign is obviously to prevent people from using the lifts only if there is currently a fire nearby. The second use of the golden rule is in a wider sense, to avoid a result that is obnoxious to principles of public policy, even where words have only one meaning. The rule was applied in this second sense in Sigsworth, Re, Bedford v Bedford where the court applied the rule to section 46 of the Administration of Estates Act 1925. This statute required that the court should â€Å"issue† someones inheritance in certain circumstances5. The court held that no one should profit from a crime, and so used the golden rule to prevent an undesirable result, even though there was only one meaning of the word â€Å"issue.† A son murdered his mother and then committed suicide. The courts were required to rule on whom then inherited the estate: the mothers family, or the sons descendants. There was never a question of the son profiting from his crime, but as the outcome would have been binding on lower courts in the future, the court found in favour of the mothers family6. The Golden Rule The rule was defined by Lord Wensleydale in the Grey v Pearson case (1857) as: â€Å"The grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary  sense of the words may be modified so as to avoid the absurdity and inconsistency, but no farther.† So, The Golden Rule is a modification of The Literal Rule to be used to avoid an absurd outcome. The Golden Rule was used in the R v Allen case (1872). In this the defendant was charged with bigamy (s.57 of offences against the person act 1861) which, under statutes states: whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence. Under The Literal Rule, bigamy would be impossible because civil courts do not recognize second marriages, so The Golden Rule was applied to determine that the word ‘marry’ should be seen as ‘to go through ceremony’ and the conviction was upheld. The Golden Rule was applied in the Adler v George case (1964). Under section 3 of the official secrets act (1920) it was an offence to obstruct HM Forces in the vicinity of a prohibited area. Adler was arrested for obstructing forces whilst in a prohibited area. Under The Literal Rule, Adler was not in the VICINITY of the area – he was IN the area – and so was not infringing the terms of the act. The Golden Rule was applied to extend the meaning of ‘vicinity’ and avoid the possible absurd outcome. The main advantage of The Golden Rule is that drafting errors in statutes can be corrected immediately. This is seen in the R v Allen (1872) case where the loopholes were closed, the decision was in line with parliament’s intentions and it gave a more just outcome. A major disadvantage of The Golden Rule is that judges can technically change the law by changing the meaning of words in statutes. They can, potentially infringing the separation of powers between legal and legislature. The Golden Rule won’t help if there is no absurdity in the statute. For example the London and North Eastern Railway v Berriman (1946) case, where the widow couldn’t get compensation because the wording of the statute didn’t allow for this circumstance. The ‘Golden Rule’ as introduced by Lord Wensleydale in Grey v Pearson but perhaps better expressed by Lord Blackburn in River Wear Commissioners v Adamson We are to take the whole statute and construe it all together, giving the words their ordinary signification, unless when so applied they produce an inconsistency, or an absurdity or inconvenience so great as to convince the Court that the intention could not have been to use them in their ordinary signification†¦. In R v Allen and the Offence Against the Persons Act (1872), a case of bigamy, it was held that bigamy meant to take part in the  ceremony of marriage a whilst still married to another person, the statute could be applied successfully thanks to the application of the ‘Golden Rule’. Another example would be that found in Re: Sigsworth and the Administration of Estates Act 1925. The golden rule only rescues the court in tiny number of instances. The point was made by John Willis in a famous article where he asked â€Å"What is absurdity?† Absurdity is as vague as plain meaning. It is a matter of personal opinion, more susceptible to the influence of personal prejudice. Golden rule is just a device to achieve desired result and to escape from sum of the more updatable effect of literal rule (Nothman v. Barnet London Borough Council). The Law Commission criticised that there is no clear means to test the existence of the characteristics of absurdity, inconsistency, or to measure their quality or extent. This became known as Lord Wensleydales golden rule. It only applies where the words are ambiguous. An interpretation that is not absurd is to be preferred to one that is. An example is: R v Allen7 The Law Commission (1969) noted that: * The rule provided no clear means to test the existence of the characteristics of absurdity, inconsistency or inconvenience, or to measure their quality or extent. * As it seemed that absurdity was in practice judged by reference to whether a particular interpretation was irreconcilable with the general policy of the legislature the golden rule turns out to be a less explicit form of the mischief rule. Table of cases Grey v Pearson Mattison v. Hart Nokes v. Doncaster Amalgamated Collieries Stock v. Frank Jones (Tipton) Ltd R v Allen case (1872). London and North Eastern Railway v Berriman (1946) Nothman v. Barnet London Borough Council Bibliography Learning the Law Glanville Williams 12th Ed. (A.T.H Smith) ISBN 0421744200 Osborn’s Concise Law Dictionary 9th Ed. (S. Bone) ISBN 042175340 An introduction to the British Constitution I.M.M. MacPhail SBN: 7131 12662 The English Legal System 6th Ed. Slapper Kelly ISBN 1 85941 7558 Cases and Commentary On Tort 4th Ed. Harvey Marston ISBN 0273 638432 Torts 8th Edition Micheal A Jones ISBN 0199255334 Law of Tort John Cooke 6th Ed. ISBN 0582 473489 English Legal System 2003 –2004 Q A Slapper Kelly ISBN 185941 754x http://wolf-nt.wlv.ac.uk/ http://www.uk.westlaw.com

Andrea Palladio Essay examples -- Andrea Palladio

The Renaissance produced a wealth of great skill and craftsmanship. Describe in detail the work of one of its great artists or architects. Andrea Palladio (1508-80) was one of the most influential figures of Renaissance architecture, who worked in Vicenza in northern Italy as well as in Venice and the surrounding Veneto. Born in Padua, Palladio trained as a stonemason moving to Vicenza in 1524 to continue his training. Giangiorgio Trissino (1478-1550), his patron, introduced him to classical and humanist studies and took him on his first trip to Rome – where he later spent two years studying. His architectural development was deeply influenced by this direct study of Roman antiquity. Trissino’s patronage gave Palladio access to a powerful humanist circle who provided him with commissions for the duration of his career – including Palladio’s public projects such as the Palazzo della Ragione, or Basilica, and the Teatro Olimpico which together permanently changed Vicenza’s public architecture. Originally a Gothic town hall, the Palazzo della Ragione or Basilica (commissioned in 1549), was on the verge of crumbling and Palladio won a competition to redesign it. His answer was to encase it on three sides with a two-storey loggia that provided reinforcement and transformed the exterior with classic columned arcades on two levels. Arches were placed between pilasters, Doric on the lower level, Ionic above, supporting entablatures. In each bay, the arch rests on small columns placed away from the larger pilasters with a rectangular gap in between - now known as the ‘Palladian motif’. Palladio had an exceptional grasp of the use of proportion in classical architecture and believed beautiful architecture improved p... ...d in 1580, the project had only just begun. The theatre was completed by Vincenzo Scamozzi assisted by Palladio’s son, Silla, and would serve as a model for theatres across Europe for centuries. Palladio reinvented the Veneto’s architecture – and his influence eventually extended a long way past the region’s borders. His impact was very much helped by the publication of his I Quattro Libri dell’ Architectura (The Four Books of Architecture) in 1570. Covering classical design and including translations from Vitruvius, illustrative woodcut plates of classical design and of his own Renaissance work, the text was known throughout Europe – particularly in England, notably by Inigo Jones, the 17th Century English architect – and ultimately in America where buildings such as Thomas Jefferson’s Monticello in Virginia (1770) are clearly founded on Palladian principles.

Young People Need to Spend Less Money and Save More

Young People Need To Spend Less Money And Save More Human beings have different thoughts about their life. Some of them believe in enjoying life without considering anything, but some others believe in saving money for their future. But it is better for young people like me to save their money instead of spending it carelessly. Because young people have lots of expenses in the future, like education, unpredictable emergencies, besides that the job market is not steady. So it is better for youngers to save more and spend less.One of the reasons that make youngers to save money and spend less is education expenses. Education is expensive so young people like me cannot totally depend on our parents to pay all the bills. We have tuition, books, maybe rent and other educational expenses to pay for. Even though our parents help us, but we have to pay part of it. So we should save some of our money for that. The other reason that saving money in youngers is better than spending it carelessl y is emergency situations.Emergencies could occur any moment. For example one of our family member may need help and we will have to give them money, or one of our parents might have an unexpected injury or serious illness and they could not go to work for some time so we must have some savings for that emergency moments in our life. Besides that there is other reason for younger people to save more and spend less and it is the oscillation of the job market. The job market is not steady, specially these days.Due to oscillation in the job market we cannot predict what will happen next. For example one of my friend lost her job due to recession. She did not get a job for about one year and a half, but she had savings so she was able to overcome that bad situation, like paying rent, grocery, car loan and other bills. Without an income it is difficult to pay for these. It shows that if she did not have the habit of saving money, then she could not have managed hat situation. In the conc lusion I must say that saving is a very good tendency for young people and it will never let a person down. You must plan a head. Youngers should know they will have expenses for their schooling, they also should know that they might be confront with an unexpected emergencies in life, besides that they know the oscillation of the job market so they must be prepared. They need to save money for these events.

Individual Organization Behavior Essay - 1643 Words

Individual Organization Behavior US. Army company A 204th Engineer Combat Battalion Heavy Chapter 3: Foundations of Individual Behavior Table of contents: Å’ Introduction. a. Description, History and Organizational structure. ? Key biographical characteristics. a. Age. b. Gender. c. Marital Status. d. Number of dependents. e. Tenure. Ã… ½ Factors that determine an individuals personality. a. Personality determinants b. Personality Traits. c. Personality Attributes influencing Organizational behavior. d. Personalities and national cultures. e. Matching personalities and jobs. (Hollands Typology). ? Summarize how learning theories provide into changing behavior. a. Theories of learning. b. Shaping Behavior : A managerial tool. ?†¦show more content†¦I have new soldiers entering the unit at age 18, and current members range from their 20s to their 40s. The Standard to Join the US. Army is 18-28 yrs. - Rank and degree of responsibility are factors of productivity . - Degree of Absenteeism is found in both. - Turnover is mainly found in younger soldiers, they move from state to state often. - Job satisfaction also go hand in hand with rank and responsibility. The Older and higher the rank the more. b.nbsp;nbsp;nbsp;nbsp;nbsp;Of course we dont discriminate - I found that females are often more absent. - Also that a degree of J/S shifted more towards the males. - And females tend to turnover easier than males. c.nbsp;nbsp;nbsp;nbsp;nbsp;Our troops often have to face the increasing risk of being deployed overseas, and that of course always shows in the soldiers work behavior. This is mostly from worried Wives and Husbands thinking that their spouses wont come back. *(That includes mine of course).* - Single soldiers tend to miss UTAs more than married ones. - J/S is found more with higher rank soldiers instead of looking at marital status. d.nbsp;nbsp;nbsp;nbsp;nbsp;We provide school, day-care and counseling programs to dependents. This helps the soldiers cope with the stressful job of parenting. This helps the organization deal with absenteeism, J/S and turnover. e. Tenure to the US Army means Experience and Skills, that can be shared to younger soldiers. - Mission Readiness is increased whenShow MoreRelatedHow Individual Behaviors Affect The Overall Health Of An Organization1314 Words   |  6 PagesThis project will highlight some of my individual behaviors, such as pride and fear of failure, that were explored through the use of Prentice Hall’s Self-assessment Library (2008) and discuss the premise that individual behaviors affect the overall health of an organization. Additionally, my personal behaviors will be compared and contrasted in their prior form to how they are being changed under the guidance of the Holy Spirit. In the end, one of the most important facets of completing and applyingRead MoreWhat Did You Learn About Organizations, And / Or The Behavior Of Individuals Within An Organization?1398 Words   |  6 PagesPrompt #1: What did you learn about organizations, and/or the behavior of individuals within an organization? 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