Statutory Construction free essay sample

Statutory Construction is the art or process of discovering and expounding meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text, conclusions which are in the spirit, though not within the letter of the text 2. Statutory Interpretation is the art of finding the true meaning and sense of any form of words, while Statutory Construction is the process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation. Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text. We will write a custom essay sample on Statutory Construction or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3. Necessity for Statutory Construction Rules of statutory construction are tools used to ascertain legislative intent. They are not rules of law but mere axioms of experience. Rules of statutory construction help the courts resolve bad cases. Thus, where there is ambiguity in the language of a statute, courts employ canons of statutory construction to ascertain its true intent and meaning. 4. Statutory Construction in relation to the present structure of government. In our system of government: ? Legislative power is vested in the Congress of the Philippines – the Senate and the House of the Representatives. ? Executive power is vested in the President of the Republic of the Philippines. Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. Legislative – makes the law Executive – executes the law Judicial – interprets the law * Construction is a judicial function. It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws. The duty and power to interpret or construe a statute or the Constitution belong to the judiciary. The Supreme Court construes the applicable law in controversies which are ripe for judicial resolution. It construes or applies the law as it decides concrete and controverted cases based on the facts and the law involved. It does not give legal opinion on hypothetical cases or in cases which have become, as a rule, moot and academic. * Legislature cannot overrule judicial construction. The legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter by the fundamental law. * When judicial interpretation may be set aside. By amending the Constitution, the framers of the fundamental law may modify or even nullify a judicial interpretation of a particular provision thereof. The rule that the Supreme Court has the final word in the interpretation or construction of a statute merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statute which has been the subject of construction. 5. Kinds of Construction and Interpretation ? Hermeneutics – the science or art of construction and interpretation. ? Legal hermeneutics – is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Dr. Lieber in his work on Hermeneutics gives the following classification of the different kinds of interpretation: a. Close interpretation – adopted if just reasons connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known as â€Å"literal† interpretation. b. Extensive interpretation – also called as liberal interpretation, it adopts a more comprehensive signification of the words. c. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. d. Free or unrestricted interpretation – proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle. Limited or restricted interpretation influenced by other principles than the strictly hermeneutic ones. f. Predestined interpretation – takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires. 6. Statutory Construction in relation to the Civil Code The Civil Code of the Philippines follows the above rule thus: Laws shall have no retroactive effect, unless the contrary is provided. 7. Statutory Construction in relation to the Doctrine of Stare Decisis The decision of the Supreme Court applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.

Leigh Ann Walker Case Analysis Essay Example

Leigh Ann Walker Case Analysis Essay Example Leigh Ann Walker Case Analysis Paper Leigh Ann Walker Case Analysis Paper After we reviewed the case of Leigh Ann Walker and discussed it as a group, we felt that Jackie Vaughn overreacted to Walkers admission that she had been untruthful regarding the CPA exam. Walker was only trying to protect her reputation when she had told Vaughn that she had not taken the CPA exam in May and was planning on taking it in November. She had been given a great opportunity in her mind to start her career working with a well-respected individual within the company such as Jackie Vaughn. In Vaughn mind, she didnt want to waste such an opportunity, so he was going to do everything possible to make sure that she did an adequate Job and to impress her superior in every way she could. When the question came up on whether she took the CPA exam, she had reason to assume that she had failed the test in May, so she was only trying to impress Vaughn by telling her that she was planning on taking it in June instead of telling her that she thought the first test was a failure. If we were in the same situation, we wouldve handled the situation differently had we been in Jackie Vaughn position. The biggest mistake that we found with the way Vaughn handled the situation was that she did not talk to Walker directly about how she felt, and she didnt tell her what she wanted to happen before going to upper management. After Vaughn heard the news about Walker passing the CPA exam, she became irritated and didnt talk to Walker for a few days after that. What we would have done in Vaughn place was to talk to Walker about the situation a day after Vaughn heard the news. This way they could both share their sides of the story, and make sure that there wasnt a misunderstanding between the two. If after they met and talked about it, and Vaughn still felt the same way, then we think it would be alright to talk about it with upper management. However, going straight to the top with the news and requesting that Walker be fired is out of the question in our minds. This is because Walker is new to the company, and there is pressure to try a make a good first impression with your fellow employees. Also, because Walker had passed the CPA exam and was such a great student makes her a great hire with potential to become a great employee of the company. As with Jackie Vaughn position, we also would handle the situation differently if we were in Don Roberts position. Roberts fired Walker on the basis of what Jackie Vaughn had told him. We think that Roberts decision is wrong and that Walker should not be fired. The facts are that Walker had been doing a great Job in her first few weeks, she was a great student in college, and she had Just passed her CPA exam. To fire Walker because she was only trying to protect her image and make a good first impression with her fellow employees is wrong. What we would have done was to transfer Walker too different team. This would help Walker gain the respect of some other employees within the company and it allows the company to keep a great worker with a lot of potential. In regards to whether it is possible that one could fulfill the responsibilities of a professional role while lacking personal integrity, we decided that there are situations in which it is possible. In this case, Vaughn questions Walkers personal as lacking personal integrity in the case because she wasnt completely honest with Vaughn, then we decided that it is possible for someone to work in a professional role effectively. Walker continued to do an adequate Job while working on her assignment even though she lacked personal integrity. She is able to do this because she keeps her professional integrity separate from her personal integrity. Just because she wasnt honest to Vaughn, it doesnt mean that she cant fulfill her Job duties. She doesnt lose any of her capabilities Just because she wasnt completely honest. On the other hand, although lacking personal integrity may not affect someones ability to perform their Job duties, we decided that it doesnt make your Job any easier. For example, if a person repeatedly tells lies to employees, or only looks after themselves instead of their fellow employees, then it would make their Job harder. This is because the way you treat other co-workers affects the way that they treat you. If you cant do a favor for a co-worker, then it is less likely that they will help you out when you may need them in the future because they will remember the time when you didnt want to help him or her out. More than likely, there will be times when you may need advice or a favor from one of your co-workers, and lacking personal integrity will not make your Job any easier.

The Popular Childrens Books, The Spide Chronicles

The Popular Children's Books, The Spide Chronicles The Spiderwick Chronicles is a popular children’s book series written by Tony DiTerlizzi and Holly Black. The fantasy stories revolve around the three Grace children and their frightening experiences with fairies when they move into an old Victorian home. The Spiderwick Chronicles Series According to a letter from co-author Holly Black that appears at the beginning of each of The Spiderwick Chronicles series, it all started when she and Tony DiTerlizzi were at a bookstore book signing and were given a letter that had been left for them. The letter was from the Grace children, and it mentioned a book that â€Å"tells people how to identify faeries and how to protect themselves.† The letter went on to say, â€Å"We just want people to know about this. The stuff that has happened to us could happen to anyone.† A few days later, according to Black, she and DiTerlizzi met the Grace children, and the story the children told them became The Spiderwick Chronicles. After their parents’ divorce, the Grace children and their mother move into the ramshackle Victorian home previously occupied by their great-aunt Lucinda. The three children, thirteen-year-old Mallory and her nine-year-old twin brothers, Jared and Simon, are still adjusting to their parents’ divorce and are not happy with their new home. While Mallory has her fencing to keep her occupied and Simon his menagerie of animals to care for, Jared is angry and at loose ends. Almost immediately, odd things begin to happen, beginning with strange sounds in the walls, and leading to the discovery of the small unexpected and unfriendly other occupants of the house and area. Written in the third person, the books emphasize Jared’s point of view. It’s poor Jared who tends to get blamed for all of the unpleasant things that happen, thanks to the faeries. He finds a secret room and an amazing book Arthur Spiderwick’s Field Guide to the Fantastical World Around You, a book about identifying and protecting yourself from faeries. While the first book is quite mild and provides a basic introduction to the human characters and the threat from the fantastical creatures, the action and suspense is ratcheted up in the remaining books. The Grace children come in conflict with goblins, a shape-shifting ogre, dwarves, elves and other frightening characters. The series ends with the kidnapping of Mrs. Grace and her children’s desperate, and ultimately successful, attempt to rescue her. The Appeal of The Spiderwick Chronicles The short length of these children’s novels - about 100 pages - the uncomplicated, yet suspenseful and scary  fantasy stories, the engaging main characters, the attractive design of the small hardbound books and the full-page pen and ink illustrations in every chapter make the books particularly appealing to younger children who are independent readers or who enjoy having an adult read to them. The Books of The Spiderwick Chronicles The Spiderwick Chronicles: The Field GuideThe Spiderwick Chronicles: The Seeing StoneThe Spiderwick Chronicles: Lucindas SecretThe Spiderwick Chronicles: The Ironwood TreeThe Spiderwick Chronicles: The Wrath of Mulgarath Other Spiderwick books include: Arthur Spiderwicks Field Guide to The Fantastical World Around YouThe Notebook for Fantastical Observations   The Creators of The Spiderwick Chronicles Tony DiTerlizzi is a best-selling author and an award-winning illustrator. His books include Jimmy Zangwows Out-of-This-World Moon-Pie Adventure and Ted. Mary Howitt’s The Spider and the Fly was awarded a Caldecott Honor because of the quality of DiTerlizzi’s illustrations. Tony DiTerlizzi is both the co-author and the illustrator of The Spiderwick Chronicles. He has illustrated work by such well-known fantasy authors as J.R.R. Tolkien and Anne McCaffrey. His pen and ink drawings in The Spiderwick Chronicles give life to the characters and help to set the mood of adventure and suspense. Holly Black is also a best-selling author. She specializes in contemporary fantasy novels for teens and children. Her first book, Tithe: A Modern Faerie Tale, a fantasy novel for young adults was published in 2002. Although they have known one another for a number of years, The Spiderwick Chronicles series and related books represent the first collaboration between Tony DiTerlizzi and Holly Black.

Account for Japans decision to go to war against the United States in Essay

Account for Japans decision to go to war against the United States in 1941 - Essay Example Attempts to successfully negotiate a ceasefire failed primarily on account of Japan’s refusal to return conquered territory (Iinkai 1973, 111). As the Second World War progressed, Japanese leaders began to feel increasingly vulnerable and particularly isolated (Bess 2008, 27). From the Japanese perspective the Soviet Union was a long and enduring enemy so that by 1936 Japan had subscribed to an anti-Communist pact with Germany and Italy. Fortifying the anti-Communist and anti-Soviet stance, Japanese military factors had conflict with the Soviet factions on Korea’s border with the Soviet Union in 1938. A larger battle would follow between the two in 1939 at Nomonhan near the border between Mongolia and Manchuria. The latter was a region in China conquered by Japan. The Soviets defeated the Japanese in this later battle and forcing Japan to conclude a non-aggression truce with the Soviets having learned that Germany had entered into a similar agreement with the Soviets. The knowledge that Germany had engaged a non-aggression pact with the Soviet Union would be a turning point for Japan. In the latter stages of the 1930s Japan had commenced cooperation strategies with Nazi Germany, assuming that the two nations would jointly attack the Soviet Union and divide that country’s wealth between them (Duiker and Spielvogel 2006, 696). Japan came to the realization that it could not take the Soviet Union on its own and would inevitably have to find another method for obtaining its wealth. Attention then turned to Southeast Asia. This would mean a potential war with the Europe over its colonies in the area and the US who had already expressed disapproval of Japan’s attack on China, particularly following an attack on a US naval ship stationed in China (Duiker and Spielvogel 2006, 696). German victories in Europe in 1940 however, particularly the

Dont blame Wal-Mart Essay Example | Topics and Well Written Essays - 500 words

Dont blame Wal-Mart - Essay Example The threat of millions of American shoppers to Wal-Mart is another issue, which is discussed in details in the Reich's essay. Reich in his essay has not only highlighted problems, but he also suggests solutions. No doubt honest living is everyone's right and we can see the same case in this crisis. Both, the workers of Wal-Mart and other shoppers need an honorable livelihood. The main problem is not that both sides like different things. The problem is that both sides do not have the complete picture. I also like the convenience that a one-stop shopping place like Wal-Mart offers me. Six days a week, I work like a slave, but on the day I shop at Wal-Mart, I feel like the Queen! I love their service with a smile and their clean stores. Most of all, searching for bargains and seeing so many beautiful things give me pure joy. I cannot buy everything I like, but seeing those colorful items on display gives me something to look forward to, something to save for, a future treat to savor for myself, my kids, or for our home. A few hours shopping at Wal-Mart helps me rest and forget the many troubles in life. Walking through the shopping aisles of Wal-Mart is like a relaxing walk in the park, and this is what I want to continue enjoying, at least once a week. The essay made me think of how we can strike

church :: essays research papers

Lecture Notes History 361: Witchcraft and Heresy in Europe Lecture 3: â€Å"The Evolution of Christianity in Western Europe through the 11th Century† 1.During the era 850-1100, Christianity as it was practiced in Europe was dominated by monks and monasteries. The world was wicked and filled with pollution. Those concerned with their salvation had to flee the world and then seek to cleanse themselves from its pollutions. Monasteries were understood to be places separate from the world where individuals could go to seek self-purification 2. Monasteries were organized like other feudal estates. Most monasteries were founded by kings, queens and nobles. In this sense most abbots were like the vassals of great lords. In fact some abbots were warriors and fought for the lords. Most though, dedicated themselves to prayer for the souls of the lord and his dependents. The relationship between the abbot of a monastery and the peasants attached to monastery lands was the same as the relationship between any landlord and his serfs. 3.Monks were men who lived by a rule or a written out code of conduct. For this reason they were know as â€Å"regular† clergy. The rule was understood to be a path toward spiritual perfection. At the heart of most rules was a vow of â€Å"stabilitas,† a vow to remain stationary in a given location. The opposite of monks were hermits, men who roamed around in the â€Å"desert,† actually the woods, as a path toward spiritual perfection. In Western Europe almost every monastery followed the Rule of St. Benedict of Nursia (6th century). In his rule St. Benedict set out simple rules emphasizing manual labor for monks to follow. No distinction based upon wealth was made between brothers. The rule of St. Benedict of Nursia was reformed by St. Benedict of Aniane in the 9th century. St. Benedict of Aniane made distinctions among brothers, basically pushing most of the manual labor off on poor brothers and servants, giving the full members the task of daily rituals of col lective prayer. At the beginning of the eleventh century, Europe was dominated by two confederations of monasteries, those centered around Cluny in France, and those centered around Gorze in the Holy Roman Empire (Germany). Cluny insisted upon its independence of political authority, though in practice this meant that Cluniac monasteries were friendly to all individuals with power. Gorze and its daughter houses were under the supervision of the Emperor.

Parliamentary and Presidential Forms of Government

The White House, home of the president of the United States. Egyptian Courts Suspend Parliamentary Elections * * Parliamentary System 1. Intimacy between the Executive and the Legislature: Under this system there is a close relationship between the Executive and the legislature. The members of the Executive, i. e. , the Prime Minister and his cabinet colleagues are also the members of the legislature. They in fact enjoy the support of the majority in the legislature. Thus the Prime Minister and his cabinet can pass, amend or repeal any type of law with the support of subservient majority in the legislature.In this way, the executive and the legislative branches of the Government work in close harmony. The Executive not only runs the administration but also makes law. 2. Responsibility to the legislature: In this system, the executive is responsible and accountable to the legislature for all its acts of omission and commission. The legislature can remove a cabinet by passing a vote of no-confidence against it whenever it so desires. Moreover, the legislature exercises its control over the executive through interpellation, adjournment motions so on and so forth. . Gap between Practice and Theory: In a Parliamentary System, there is always a gap between law and fact. According to law, all powers of the Government are vested in the Chief Executive head who may be President as in India or Governor General as in Canada or King or Queen as in U. K. In actual fact all his powers are exercised by the Cabinet which is created out of the majority party in the legislature. The Chief Executive head is just an ornamental head or figure head. All real and effective authority is exercised by the Cabinet.The parliament gov is elected by the legislature. Presidential System 1. Separation between the Executive and the Legislature: The executive and the legislative branches of the government under the system are separate and independent of each other. The Executive which generally consists of a President and a cabinet subordinate to him runs the administration of the country. It has nothing to do with law-making. The President or his ministers are neither the members of the legislature nor do they enjoy any support of a majority in it.Sometimes, the President may belong to one Party and another Party may have a majority in the legislature and both may run at cross purposes. The fact is clear from the working of this system in U. S. A. 2. Presidential Executive is not responsible to the Legislature: Under this system the Executive is independent of the legislature and is not responsible to it. The President has a fixed tenure of office and cannot be removed by an adverse vote in the legislature. The ministers are appointed and dismissed by the President himself and the Legislature cannot touch them.Since none of them is a member of the Legislature, they cannot be subjected to any parliamentary criticism. 3. No Gap between Practice and Theory: Under this syste m, there is no such gap between law and fact. The Chief Executive head is the President in whom executive authority is vested by the constitution. He controls effectively his cabinet, which works under him and acts according to his wishes. This fact is clearly illustrated in the working of the Presidential System in the U. S. A. The presidential gov is elelected by us.. (citizens)