Week 5- LAWS1104

• Statutory interpretation refers to the process of understanding and applying the meaning of statutes enacted by legislative bodies.
• • The principles of statutory interpretation include:
  • Literal Rule
  • Golden Rule
  • Mischief Rule
  • Purposive Approach
  • Ejusdem Generis
  • Expressio Unius Est Exclusio Alterius
• • Literal Rule: Interpreting statutes according to the ordinary meaning of the words used, without considering the legislative intent or purpose.
• • Golden Rule: Allowing for a departure from the literal meaning of words if necessary to avoid absurdity or inconsistency.
• • Mischief Rule: Interpreting statutes based on identifying the problem or mischief that the statute was intended to remedy.
• • Purposive Approach: Focusing on the legislative intent or purpose behind the statute and interpreting it in a manner that advances that purpose.
• • Ejusdem Generis: Interpreting general words in a statute in light of the specific words preceding them, limiting their scope to items of the same kind.
• • Expressio Unius Est Exclusio Alterius: Interpreting the inclusion of specific terms in a statute as implying the exclusion of other similar terms.
• • When interpreting statutes, it's essential to consider:
  • The language used in the statute, including the meaning of individual words and phrases.
  • The context in which the statute was enacted, including its purpose, legislative history, and surrounding circumstances.
  • Any rules or principles of statutory interpretation applicable to the jurisdiction.
  • Any relevant case law or precedent that may shed light on the interpretation of similar statutes.
• • The IRACmethod is a structured approach to answering legal problem questions:
  • Issue: Identify the legal question or issue presented by the problem.
  • Rule: State the relevant legal principles, rules, statutes, or case law applicable to the issue.
  • Application: Apply the relevant legal rules to the facts of the problem, analyzing how they affect the outcome.
  • Conclusion: Provide a clear and concise answer to the legal question, based on the analysis conducted in the application section.