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Literal Rule Golden Rule and the Mischeif Rule

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  • Essay length: 1190 words
  • Submitted: 17/08/2003
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University Degree English Legal System

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When judges interpret statute, they have three rules to follow. These are the literal rule, the golden rule and the mischief rule. The whole reason these rules are here is to interpret laws so that the legislation serves its purpose of which it was introduced. The rules examine the wording of the particular statute and are the most common approach of interpretation of the English legal system. The three rules take different approaches in the interpretation and some judges use one rule while another prefers to use another rule. That is why we have three rules not just one. This means that in English law the interpretation of statute may differ depending on which judge is hearing the case. Once an interpretation has been made, a judge can form a new precedent for future cases in the same area of law. Since the three rules can result in very varied outcomes, it is important to understand the three rules.

The LITERAL RULE means that judges will give the word its original and literal meaning even if the result is not sensible or unfair. It simple means the words of the act are clear then you must follow these

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