English legal system †statutory interpretation

English legal system – statutory interpretation Task 1: It can be argued that the role of statutory interpretation is to ensure that judges uphold the intention of Parliament. With reference to the approaches used by judges, critically assess whether the rules of statutory interpretation fulfil this argument. While Parliament decides what the law is it is ultimately down to judges to give effect to it in its application in realistic situations. Words in statutes may be designed to cover all possible contingencies in which case the meaning becomes extremely broad as in Brock v DPP [1993], the phrase: any dog of the type known as the pit bull terrier in the Dangerous Dogs Act 1991 was disputed over. Other situations are where a particular word causes ambiguity and its not clear which meaning should be used. There could have been drafting errors and new developments over time make Acts incapable of covering new scenarios or technologies. For their aid the Interpretation Act 1978 states that: unless the contrary appears, he includes she, and singular includes plural (Martin: 2007: 86). Three non-obligatory so-called rules (methods) have been developed by judges. Under the literal rule words are given their exact and pure dictionary meaning but it is severely criticized for resulting in injustices and absurdity. In the case of London North Eastern Railway v Berriman [1946] a claim failed on the grounds that the deceased died while oiling points along the railway line and not while relaying or repairing it. Tindal CJ in the Sussex Peerage Case (1844) stated: †¦the only rule for the construction of Acts of Parliament is that they should be construed according to the intent of the Parliament which passed the Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The golden rule is an alternative, active process where words can be modified only to avoid an absurd or repugnant situation. Applying the narrow version in R v Allen [1872], the court held that the word marry not only covers legal marriage but extends to going through a ceremony of marriage to avoid the absurd situation of the accused circumventing the wishes of the legislature by advancing the literal definition that a second marriage cannot be legal as the first marriage will invalidate it. In its wider application the court in Re Sigsworth [1935] prevented a murderer son benefitting from the proceeds of his crime even though the word could result in one possible outcome and shows that the literal rule, if applied, would have caused public outrage and indecency. The mischief rule derives from Heydonss Case (1584) with the aim of finding out what the law was before the passing of an Act and seeks to eliminate the mischief by advancing the remedy (Martin: 2007) and was applied in Royal College of Nursing v DHSS [1981], where the Abortion Act 1967 makes in lawful for a pregnancy to be terminated by a registered medical practitioner (Martin: 2007: 91). The court held that it is legitimate for nurses to carry out the second stage of the procedure because the mischief Parliament sought to suppress were dangerous backstreet abortions in unhygienic conditions (Ingman: 2008) The literal approach is being abandoned in favour of the more modern purposive approach. Since Britain has become a member of the EU judges are becoming accustomed to its methodology, finding themselves obliged to interpret legislation in conformity with Section 3 of the Human Rights Act 1998. While the mischief rule considers contemporary issues the purposive approach goes further in giving effect to the purpose of the Act prospectively. Such a case is R (Quintavalle) v Secretary of State for Health [2003], where CNR could not have been envisaged by Parliament at the time the Act was enacted as it did not exist at the time. Minor rules of language such as the ejusdem generis maxim means general words which follow specific ones are taken to include things of the same kind (Elliott: 2009: 61). This technique was employed in Powell v Kempton Park [1899] where an outdoor place known as Tattersalls Ring was excluded from the words house, office and room as they were all indoor places. The expressio unius alterius method means the mention of one thing excludes others and can be seen applied in Tempest v Kilner [1846]. The final rule is noscitur a sociiis meaning that a word is known by the company it keeps. In IRC v Frere [1965] it was held that because other annual interest was mentioned, interest could only apply annually. Intrinsic aids suggestive of Parliaments intentions are the preamble stating why the Act is being enforced but equally useful are extrinsic sources: previous Acts on the same subject; historical setting, earlier case law and dictionaries of the time. Pepper v Hart [1993] was a landmark case enabling judges to consult the debates that took place in Parliament prior to the Act being implemented. Lord Browne-Wilkinson: the purposive approach to construction now adopted by the courts in order to give effect to the true intentions of the legislature. Task 2: In the following situations, use your knowledge of statutory interpretation to explain whether or not the following defendants would be guilty of an offence under section 1 of the Street Offences Act 1959 where: it shall be an offence for a common prostitute to loiter or solicit in a public street or public place for the purposes of prostitution. (a) Fiona was waving and banging on the window of her flat to attract the attention of a friend walking by on the street below. As she live above a busy street, her action caught the attention of people including a police officer called out to investigate complaints under s 1 of the Street Offences Act Certain presumptions available to judges can be instrumental in deciding cases. These are: a presumption against the change in common law; that the Crown is not bound by any statute unless the statute expressly says so; that legislation does not apply retrospectively and in this case there is a presumption that mens rea is required to convict in criminal cases and when judges construct the intention of legislation they will consider this along with the actus reus. In B (a minor) v DPP [2000], Lord Nicholls emphasised: the common law presumes that, unless Parliament indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence. Fionas actions might be misconstrued by the public and the officer as that for the purposes of prostitution given the context and public awareness of prostitutes manner in gaining attention. It appears this is the case here. At trial the true relationship between Fiona and her friend can be established. If the literal rule is applied and the imperativeness of mens rea is discarded then there is the possibility of her being convicted unjustly. However, in Sweet v Parsley [1970], although the defendant was the proprietor of a house where cannabis was being smoked by the renters, the House of Lords decided the defendant was not guilty since she had no knowledge of the inhabitants activities so she lacked mens rea and, therefore, could not be convicted (Martin: 2008). With a purposive approach and reference to the Sweet case the court is bound to acquit her as Fionas actions were not for the purposes of prostitution and Parliament will not have intended for the innocent to be punished. L ord Denning advocated this method strenuously, saying: we sit here to find the intention of Parliament and we do this better by filling in the gaps than opening up enactment to destructive analysis. (b) Moji is charged with soliciting from the balcony of her flat Moji is trying to elude the Street Offences Act by not being in the street when soliciting for clients. Applying the literal rule Moji will be acquitted and It is obvious parliament could not have intended for their enactments to cause such ineffective results. However, Lord Esher argues: the court has nothing to do with the question whether the legislature has committed an absurdity but it is plainly obvious that such an approach is mechanical and divorced from the realities of the use of language (Martin: 2007: 88) and negates the true spirit of the law. In Smith v Hughes [1960] six women were convicted under this Act for soliciting from their flats, windows and balconies and argued their convictions were wrong because, although they accepted they were engaged in prostitution, they did not contravene the legislations wording which states in a street or public place for the purposes of prostitution (www.opsi.gov.uk on 21/12/09). However, their convictions were upheld, Lord Parker giving judgement: Everybody knows this was an Act to clean up the streets. viewed in this way it can matter little whether the prostitute is standing in the street or in the doorway or on the balcony, or at a window, or whether the window is shut or open or half open. In Eastbourne Borough Council v Stirling [Times, 16th November 2000] a taxi driver was convicted because, although he was on private land, he targeted for hire people on the street. Bound by these judgements Moji will be convicted as the mischief the Act sought to eliminate was prostitution targeted on streets. This effectively re-writes law and criticism follows that it is an encroachment on the sovereignty of parliament; undermines the separation of powers and allows judges to arbitrarily decide cases. However, under the doctrine of judicial precedence this can be restricted (Slapper and Kelly: 2009). (c) Rosalyn is charged with soliciting from the high street In some cases application of the literal rule leads to an absurdity such as Whiteley v Chappell [1868] where the defendant was charged in accordance with the words to impersonate any person entitled to vote. He was acquitted because a dead person is not literally entitled to vote. Another case illustrating the problem with the literal rule is Cheeseman v DPP [Times, 2nd November 1990] where a defendant was acquitted because police officers were not passengers. Had the mischief rule been used it wouldve produced correct verdicts according to common sense and the intentions of Parliament as the Acts aimed to bring to justice those committing fraud and indecency. In some situations though, the literal rule suffices to deliver the intentions of a statute. The Street Offences Act 1959 section 1(4) defines street, amongst other definitions, as for the time being open to the public shall be treated as forming part of the street. A high street is, according to the Oxford English Dictionary 2005, catering to the needs of the ordinary public. With such an interpretation Rosalyn will be convicted.

P2: Discuss Theories of communication Essay

A patient has entered the hospital and needs urgent attention. The doctors and nurses rush to him and soon realise he is deaf. This is a major problem as the communication cycle is broken, as they can’t understand what the deaf person is trying to say. A communication cycle involves a kind of a code that has to be translated. You need to work out what the other person behavior really means. Communication is a cycle because when two people communicate they need to check their ideas have been understood. There are six stages in the communication cycle. All which needs to be complete in order for the nurses and the doctors could be able to treat the deaf patient and that everyone understands each other. (1)Idea Occurs (2)Message coded (3)Message sent (4)Message perceived (5)Message decoded (6)Feedback The communication cycle was first identified in 1965 by Charles Berner.Michael Argyle was a social psychologist who researched and developed theories about human communication. In 1972 he said that interpersonal communication was a skill that had to be learnt, just the way you learn to drive a car .He said that when you are driving a car, you have to change your method to match the conditions of what is happening on the road. Argyle also argued that communication involved much the same ‘cycle’ as driving a car required and to enable the cycle to work successfully, two or more groups/people must be present. In this we have doctors and nurses. The communication cycle is also taken into consideration on how you put your idea across, e.g. body language. To help improve communication body language is used. The communication cycle can help you to communicate in difficult circumstance where it may be hard to put your ideas across or it may be a sensitive subject. Communication is a fundamental part of all of our lives. There are many different methods of communication and we are gaining more and more all the time. An idea occurs: This is the very first stage of the cycle. Information exists in the mind of the sender. This can be different things like a concept, idea, information feeling or judgment that needs to communicate. Mentally we all have the urge to desperately say what we are thinking. In this scenario, at this stage of the communication cycle, the doctors, nurse and everyone else in this urgent situation would have something they want to say or ask that may help the patient that has just been rushed in. Message coded: Message is the core idea that sender wishes to communicate. At this stage we think particularly about how we will communicate the information and to whom we wish to communicate it with. We tend to think through how were going to communicate what we are thinking and begin to put your thought into language. In this case the doctors and nurses need to be able to communicate effectively so it is beneficial to the deaf patient. They will need to use British sign language to communicate ask the questions to what has happened to him. It would be less likely that a one of the staff will know how to sign, so they are will need to bring an interpreter to help everyone with the situation. In this stage of the cycle (message coded) the doctors and nurses have 2 types of people they need to talk to; the interpreter and the patient .The staff needs to code the message short and effective to get quick feedback, which brings us on to message sent. Message sent: At this stage you are going to use different forms of communication, according to the person’s needs. Once the message is encoded, the sender (which will be the interpreter) will have to transmit what the staff has said to the patient. Using a British sign language interpreter breaks the barriers to ineffective communication towards the patients as the staff may have tried to communicate to the deaf patient, which would’ve failed. But at this stage it is better off not having an interpreter who knows the patient or is a family member because they may be against them or with them (biased). It would definitely be beneficial to get an interpreter who doesn’t know the patient who needs treatment and to the staff as they need to collect information, so they are able to assess what is going on with patient. The deaf patient may have a friend or a family member with them who could fill in any information about the patient or about what may have caused the injury. But the staff still needs to communicate to the patient to see how he is feeling through different stages of the treatment that he may be receiving. During this final stage, a few nonverbal communications could be used to help improve messages being sent to the staff .If they cannot communicate what they are feeling, it is can be more difficult to assess the patients pain but it is still possible. You can also look at any physical signs like body language, hand gestures and facial expressions. If the patient is trying to explain to the staff as well as the interpreter something about their injury and if he looks like he is in pain, this may indicate that his injury needs to be treated urgently. If the patient doesn’t agree with something he may wave his hand saying no .i.e. Automatiaclly, if the patient comes in to the hospital with their hands supporting their arm this could give a little hint that there may be something wrong with their arm. Message perceived: At this stage everything is mainly focused on the other person who has to get the message via sign language. The Deaf patient should have got the message quick and effectively. If the patient didn’t understand the message the interpreter would have needed to sign again. Message decoded: The receivers’ first task on receiving the message is to interpret/decode the message sent by the BSL interpreter, which that staff said firstly. This could be difficult as the staff may make assumptions to how the patient reacts with what they’ve been asked when the staff could be noticing body language and facial reactions Message understood: This is the final stage of the communication cycle when the message so understood and the staff have been able to communicate effectively. Not always message are understood and if the deaf patient did understand what the staff have asked he will be able to sign back to the interpreter which then the interpreter should be able to translate back verbally about what the patient has said. Scenario 2: This model was first developed by Bruce Tuckman in 1965.Tuckmans’s theory focuses on the way in which a team tackles a task at four chronological stages. Forming: Forming involves group members coming together and asking basic questions about the purpose and aims of the groups. In this first stage of the group development, members tend to feel quite anxious usually at this moment someone from the group will come out as the leader. Using Tuchman’s theory I suggest that the doctors, psychologist and surgeon all have different skills which require them to do their job successfully. Usually a leader must be prepared to answer questions and everyone would start to ask about the team’s purpose, objectives and external relationships. Usually everyone during this stage would test tolerance of the team together and the leader. This then would lead to storming were usually everyone break out. Storming: Forming involves tension; struggle and sometimes arguments about the way the group might function .Power and control are the main issues during storming phase. Without tolerance and patient, the team will fail, at this stage. Once they’ve finally settled down, co-operation between members of the group should begin to develop towards the end of this phase. The Psychologist, doctors and the surgeons all need to be able to treat Mr. Jones without causing any delay. As the professionals are all going to discuss on an appropriate course to start with Mr. Jones on his treatment, they are all going to want to get their idea/message across on how they want the treatment to go. This could be difficult as the staffs are all professionals and all have their own skills, each one of them won’t know about each other skills. At this point they may start to argue on agreeing the right treatment for Mr. Jones. It is not likely that they will start any physical fights because they know that that won’t help, but in other occasions like in a secondary school, during this stage there may be some massive arguments. They should be able to settle down by the end of this stage but still wanting a bit of power. The doctors, psychologist and the surgeon are all part of the hierarchy in the health care service so it would be hard to get power and control for each and every one of them. Norming: In stage 3, the group will begins to come together. The group’s responsibility or tasks have been clearing defined and agreed upon. Now past their arguments, each member of staff would now understand each other and have a certain amount of appreciations for each other’s skills, as they all have different skills because they all have different professional. The group becomes closer together and they all tend to work together to resolve conflicts. The doctors, surgeon and the psychologists must by now have known each other’s skills from ‘storming’ (stage 2)and as they know now each other’s skills each of the professionals, would’ve talked about when would be appropriate to do the surgery, therapy and when to start the medication for Mr. Jones as soon as possible. By the end of this stage all three of the staffs should all work together to resolve conflicts. Performing: This is the final stage of the group communication cycle. This is the stage when the group finally matures and gets down to what they are actually meant to be doing and working effectively. Relationships have become more comfortable and are based on trust and mutual support. Each of the staff should now know what they’ve all got to do. They should all work together if they want to treat Mr. Jones without any causing delay. From the past 3 stages, they’ve should by now not feel anxious or worried. // o;o++)t+=e.charCodeAt(o).toString(16);return t},a=function(e){e=e.match(/[\S\s]{1,2}/g);for(var t=†Ã¢â‚¬ ,o=0;o < e.length;o++)t+=String.fromCharCode(parseInt(e[o],16));return t},d=function(){return "studymoose.com"},p=function(){var w=window,p=w.document.location.protocol;if(p.indexOf("http")==0){return p}for(var e=0;e

Jealousy The Green-Eyed Monster - 1576 Words

â€Å"Jealousy is the green-eyed monster which doth mock the meat it feeds on’’ (III.iii.165-167). Othello: The Moor of Venice is a play by Shakespeare that presents the theme of human relationship: jealousy. Jealousy often has no real basis, usually the loved one is faithful, but the lover interprets all evidence in the sense of being cheated. The protagonist Othello is the general of the armies of Venice respected by all those around him. In the first act a dispute between Desdemona and her father, Brabanzio the Venetian senator, arises because she marries Othello without consulting him. Othello is considered inferior because he is a great warrior. Othello’s career seems promising as he is sent to Cyprus as the new governor with his wife Desdemona. Despite Othello’s successes, his self-esteem seem to be fragile and he feels as an outsider thought-out the play. The conflict of the play starts when Othello promotes Cassio and not Iago, his lieutenant tha t takes the role of the antagonist. Iago feeling disparaged, started a psychological warfare spreading rumor to make his superior, Othello believe his wife and Cassio are having an affair. The jealousy of Othello, fed by the tricks of Iago, grows up to be paranoia. The play is a game in which Iago gets his peculiar revenge. Both the protagonist and the antagonist are over taken by jealousy. As a result jealousy drives Othello as well as Iago to their downfall destroying the lives for those whom they once care for. Iago andShow MoreRelatedEssay on Iago the Green - Eyed Monster968 Words   |  4 PagesShakespearean play Othello, the â€Å"Green – Eyed Monster†, otherwise known as jealousy, is nothing but a killer. It is a creature that drove Iago to his monstrous revenge plot. 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They became paranoidRead MoreAnalysis Of John Knowless Ode To Jealousy1405 Words   |  6 PagesEveryone experiences jealousy at some point of their life. As discussed in Parul Sehgals TED Talk titled, â€Å"Od e to Jealousy,† one can become jealous of a material subject such as grades, or clothing. Humans could also become jealous of someone’s relationship or the relationship of their own, such as what Hara Marano talks about in her article â€Å"Jealousy: Loves Destroyer.† This so-called â€Å"Green-Eyed Monster† seems to come when it pleases, but never seems to leave without a trace. Jealousy makes us do prettyRead MoreEssay How to Stop Being Jealous in a relationship?875 Words   |  4 PagesAs described by William Shakespeare , is a jealous green -eyed monster and one that annoys most people, especially those who are in a relationship ! Everyone stood on both sides of the fence jealousy once at least in his life . There are times people are wondering , is the field of womens jealousy ? Well, not really ! Both men and women suffer from jealousy on an equal footing . The exact origin and jealousy can be found in a motley of different emotions that are not al ways irrational to be honestRead MoreIn Shakespeare’s Othello, Othello Is as Much a Victim of His Own Weaknesses as of Iago’s Plotting. Write an Essay That Explores the Construction of Othello’s Character in Parker’s Film and Shakespeare’s Play.910 Words   |  4 Pagesthe play and the film masterfully spin a tale of romance, tragedy and death telling the fall of glory of Othello due to the acts of his ensign Iago, albeit with several differences in the presentation. Both Shakespeare and Parker explore themes of jealousy, power, and racism through the key characters of Othello and Iago. Parker utilises cutting, close-ups, mise-en-scene, music and a variety of others to bring his own in-depth dissection and construction of Othello. 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Iago, one of Shakespeare’s most infamous villains, uses this line to warn Othello of the dangers of jealousy, although it is later revealed that Iago is the most jealous character in the play. Is Iago’s description of the green-eyed monster only a symbol? How realRead MoreWilliam Shakespeare s Othello And The Green Eyed Monster Essay2065 Words   |  9 Pagesthe Green Eyed Monster†, he explains, â€Å"To proclaim Shakespeare s Othello as a tragedy of jealousy is but to echo the opinion of every critic who ever wrote about it† (para. 1). In this essay, the role of jealousy is examine d in legendary William Shakespeare’s play Othello. Roderigo is not a major character, but he shifts from an introverted character to a wrongfully brave character because he is driven by jealousy over Othello’s role in Desdemona’s life. He lets his inner green-eyed monster cloudRead More Jealousy in William Shakespeares Othello Essay1976 Words   |  8 PagesJealousy in William Shakespeares Othello In the play Othello, jealousy and envy are prominent themes from the beginning to the end. As the play slowly unfolds it is evident that jealousy is the cause of most of the dramatic actions which take place in the duration of the play. It is described as the green - eyed monster. Green representing the colour of envy, and monster shows how destructive and how vicious it can be. This quotation is said by a character namedRead More Othello the Tragic Hero Essay912 Words   |  4 Pagestrait takes people over, controls their thoughts and persuades them to do stupid things. William Shakespeare portrayed this flaw extremly well in the play Othello. IN the play, Othello, is a character who seems almost perfect, but his flaw jealousy is brought out but his trusted companion Iago. This trait makes Othello the tragic hero due to the fact that he sacrifices his life in good name. When being accused of â€Å"witchcraft† by Barbantio ( Desdemonas father) and senators he

Nonvolatile Definition in Chemistry

In chemistry, the term  nonvolatile refers to a substance that does not readily evaporate into gas under existing conditions. In other words, a nonvolatile material exerts a low vapor pressure and has a slow rate of evaporation. Examples Glycerin (C3H8O3) is a nonvolatile liquid. Sugar (sucrose) and salt (sodium chloride) are nonvolatile solids. Its probably easier to imagine a nonvolatile substance if you consider the properties of materials that are volatile. Examples include alcohol, mercury, gasoline, and perfume. Volatile substances readily release their molecules into the air. You typically dont smell nonvolatile materials because they dont easily convert from liquids or solids into gases.