Essays on mischief

Organisational Mischief is defined as activities which occur within the workplace which according to official structure, rules, culture and the procedure of the organisation which should not take place in the organisation.... Much of Mischief which occurs in informal or unofficial under life for an organisation challenges the order in an indirect way. AN employee might falsely take a day off from the office stating his bad health but actually they might simply want to take off the pressure on a...

From the paper "Mischief and Miscarriage in the Criminal Justice Process" it is clear that community service is acknowledged on the basis that it is less costly to the state and as such desirable in situations when the state wishes to save or invest in more lucrative ventures. ... Traditionally, prisons were built to constrain and isolate criminals or those convicted for various crimes and illegal activities. Nonetheless, people have also been remanded in prison settings whenever their conduct is...

This research begins with the statement that Golden Rule or British Rule of statutory interpretation gives authority to the judge to dismiss the literal meaning of a word in order to prevent passing an illogical ruling. A golden rule is a compromise between the literal and the Mischief rule.... The thesis statement of this paper would be holding is that the law of contract and tort law are similar in nature and it is, therefore, difficult to distinguish between the two legal concepts. The researcher...

This paper "Learning the Law" discusses the following statement: "It has been argued that the golden, Mischief and literal rules of the statutory interpretation as used by the courts are simply "tools" for the judges to do their job efficiently.... 188210     It has been argued that the golden, Mischief and literal rules of the sta y interpretation as used by the courts are simply "tools" for the judges to do their job efficiently.... he Mischief rule is so named as it is the rule that has been created to cure a Mischief in the statute....

It is written in elegant octaves and quatrains that clash sharply against the crass clumsy meter of the language of Mischief as he enters: “I beseche yow hertyly, leue yowr calcacyon.... Mercy's speech has a abba rhyme scheme written in iambic pentameter while Mischief speaks with a aaab rhyme scheme that has a harsher, guttural flow.... This impacts the senses to automatically assign Mercy to a higher level of existence than Mischief and his friends....

The Mischief rule is another interpretation rule that courts sometimes use in interpreting a given statute with ambiguity.... Research indicates that the Mischief rule is the oldest rule that judges have often used in the interpretation of a statute.... In this case, the court hearing the case found it necessary to apply the Mischief rule in the event that an ambiguity is found in the statute.... The responsibility of courts under the Mischief rule is to suppress the existing Mischief in the statute and find an appropriate remedy....

This essay "Interpretation of Scottish Law" will throw light upon Scottish law focusing majorly upon three traditional rules of statutory interpretation which are the Mischief rule, the golden rule, and the literal rule.... This paper will throw light upon the Scottish law focusing majorly upon three traditional rules of statutory interpretation which are Mischief rule, the golden rule and the literal rule ... ischief rule is applied when the judge can't quite make out whether an act done by a person can be called as a prohibited law, this creates a confused situation and this is exactly when the Mischief rule can be applied....

However, the disadvantage of this form of interpretation is that sometimes the word can have inherently two meanings, or it may have been put to avoid a Mischief, which the courts will not take into account when they interpret the law with accordance to the literal rule of interpretation....

The paper will scrutinise the most significant rules; golden rule, literal rule and Mischief rules.... The judge relayed several rules that should be used for Mischief rule to be effective.... Fourthly, the judges have a duty to ensure that they recognise the significance of the remedy and make any necessary rulings that would counter the Mischief that the law sought to rectify (SPICER et al 2006). ... uring the formulation of the Mischief rule, most of the laws that the court relied on were common law developed through precedent, and not parliament legislations....

owever, the disadvantage of this form of interpretation is that sometimes the word can have inherently two meanings, or it may have been put to avoid a Mischief, which the courts will not take into account when they interpret the law with accordance to the literal rule of interpretation. ...

he Mischief rule is another interpretation rule that courts sometimes use in interpreting a given statute with ambiguity.... Research indicates that the Mischief rule is the oldest rule that judges have often used in the interpretation of a statute.... In this case, the court hearing the case found it necessary to apply the Mischief rule in the event that an ambiguity is found in the statute.... The responsibility of courts under the Mischief rule is to suppress the existing Mischief in the statute and find an appropriate remedy....

Some of the rules include the literal rule, the Mischief rule, the golden rule and the purposive approach.... his rule is used to interpret statutes to remove any Mischief and defect that may be there in an application of a statute (Chynoweth, 2002).... Hughes [1960] 2 All ER 859 where the court stated that a statute should be so construed to advance the remedy it was enacted to and at the same time suppress all the Mischief.... Applying the Mischief rule, the court should find Tom liable....

The literal rule, the Mischief rule, and the golden rule are the three main rules of statutory interpretation that helps the courts to interpret legislations.... After the parliament has passed an Act, it is upon the courts to apply the statute to a given case.... As such, the judges are supposed to apply rules and approaches in the interpretation of the statute so as to ensure that the intention of a particular legislation is achieved....

Members of the judiciary are guided in their interpretation of the law by: the golden rule, the Mischief rule, the literal rule, and the purposive approach rule, presumptions about law and secondary aids.... The Mischief rule The Mischief rule allows courts more powers than can be enjoyed under the literal and golden rules, to construe the meaning of a body of law (McLean, 2012).... This rule demands that a judge should explore the Mischief(s) that prompted the enactment of a particular legislation and interpret the law in a way that corrects the Mischief(s)....

The primary rules are the Mischief rule, the literary and the golden rule.... The paper "The Methods of Statutory Interpretation Available to the Judiciary" states that the flexibility accorded the judiciary by virtue of the purposive approach to the interpretation of the law does provide for some degree of law-making providing the result is consistent with the objectives....

The Mischief rule, the golden rule and the purposive approach tend to observe the primacy of parliamentary Acts, but courts have always interpreted the law based on the closest intention of the drafters.... Through the common law rules of interpreting statutes such as Mischief rule, golden rule and purposive approach, courts are seeking to seal the gaps that parliament may leave in laws.... he Mischief rule refers to finding out the mistake which parliament wanted to correct and interpreting the law in a way that corrects it....

Courts normally apply the Mischief rule to establish what the legislature was trying to correct by enacting piece of legislation.... ake a decision on how the legislature intended to correct the Mischief by adopting the Act in question; and bring in that discovery to the issue before the court.... Generally, the Mischief Rule requires that where parliament has enacted a statute to correct a lacuna in the law, the new law must be interpreted in a way that remedies the situation (Michael 113)....

ontents Contents Introduction 2 The Literal Rule 2 The Golden Rule 3 The Mischief Rule 4 The Human Rights Act of 1998 4 Approach to Sta y interpretation 5 Judicial Precedent and Statutory Interpretation 5 References 6 Introduction In a democratic form of government there exists a division of powers.... Before the implementation of the Human Rights Act of 1998, the courts of England and Wales used to apply 3 rules to statutory interpretation which are the literal rule, the golden rule and the Mischief rule....

On the other hand, common law rules guides the judge on how to interpret (Literal rule, Golden rule, and Mischief rule) ( Keenan & Riches, 2011). ... he Mischief Rule ... In such a case the Mischief rule helps to evaluate the intention of any legislation.... This canon that was built through the Heydon's case aims at asking what the law stated before a statute, the Mischief that the common law did not stipulate, remedy being advocated by parliament and the reason for remedy ( Keenan & Riches, 2011)....

The literal rule, the Mischief rule, and the golden rule are the three main rules of statutory interpretation that helps the courts to interpret legislations.... This essay "Rules of Statutory Interpretation" considers the influence of the European Law and discusses the validity of the view that the Rules and Approaches that apply to statutory interpretation give too much latitude to the courts, and it seems there are no underpinning principles....

The aim of a Mischief rule is to identify the intention of the parliament in passing of a certain act.... The method helps in identifying the Mischief through targeting the wrong that the act was meant to correct.... Mischief rule was well applied by the court in a case involving smith against Hughes in 1960.... It is considered the current version of Mischief approach.... In the case of Pepper v Harts, the judge clarified that ‘the difference between looking for intention and Mischief in utilization of words as remedy is inappropriate and technical7....

It is the process of interpretation by the Courts where the courts try to figure out the Mischief which the previous legislation did not cover, or which was not covered by any legislation for that matter, and in the course of finding the Mischief they figure out the real intention behind the enactment of such laws by the legislature. ... Once the Courts have been able to figure out the Mischief, then the statute is interpreted in the words of the judge and a more clear cut and established meaning is given by the court for further usage, which can also be termed as the declaration of the law by the Courts. ...

This essay "Modern Statutory Interpretation" focuses on giving an overview of concepts and definitions of terms such as 'statutes', 'interpretation,' and 'statutory'.... It gives a general meaning or what can be perceived as immediate ordinary and common meaning of 'statutory interpretation.... ....

Finally, it is Black Mischief, a profound text that enables the discussion in the paper to sum up the context of identity and othering.... he third book that has been discussed in these papers is Black Mischief by Evelyn Waugh.... Finally, it is Black Mischief, a profound text that enables the discussion in the paper to sum up the context of identity and othering.... lack Mischief ... lack Mischief is written by Evelyn Waugh....

It also explains the golden rule, the Mischief rule and the literal rule of statutory interpretation.... Introduction to Business Law Module MOD001028 Academic year: 13 ID number: 1025334 Abdulaziz AlHazzani Explain the golden rule, the Mischief rule and the literal rule of statutory interpretation.... These rules are: golden rule, Mischief rule and literal rule.... Golden rule is a compromise between the literal and the Mischief rule (Zander, 2004)....

he Mischief Rule ... he Mischief Rule came into being during Heydon's Case, which occurred in the 16th Century.... The Mischief rule inspects the gap in the preceding law and interprets the words in the best possible way.... In this particular situation, the Mischief rule was brought into play, and the judges made the decision under the ruling that the two women were soliciting with the aim to engage in prostitution.... The Mischief rule enabled the law to follow the due course, and they pleaded guilty because of their actions that happened with a particular intent. ...

Online environment offers a platform for Mischief and lies because the interaction is minimal and evaluation of the truthfulness of the information presented cannot be guaranteed in the process.... In fact, the online platform has opened the opportunity for fraud and Mischief because of the ease of hiding the truth and presenting a different self-image (Beverly and Thomson 94)....

The author of the paper also explains how the Common law rules to be applied in statutory interpretation which is based on three approaches: Literal Rule, Golden Rule, Mischief Rule.... Mischief Rule or Purposive Approach is a variation and development of the old common law ‘Mischief rule' where the legislative intent is sought by examining the Mischief it is believed parliament intended to overcome.... nd What was the Mischief and defect which the common law did not provide; ...

he Mischief Rule ... riginally formulated in Heydon's Case (1584) 3 Co Rep 7 where it was stated that courts ought to look at the common law position prior to the Act and identify the Mischief and defect for which the common law did not provide.... The judge's function is to construct the Act so as to suppress the Mischief and advance the remedy of the Parliament. ... ear in mind that courts don't always apply the Mischief rule even when the Mischief is clear and it would make sense to do so....

From this work, it is obvious about the advantages and disadvantages of the doctrine of precedent, the Literal, Golden, and Mischief rules by highlighting various cases.... xplain the Literal, Golden and Mischief rules by highlighting various cases (Smith v Hughes) ... Apart from these, Literal, Golden and Mischief rules can be used to create entirely new laws.... Judges are afforded the most of discretion through the Mischief Rule....

Interpretation of statute by courts of laws takes the form of three rules; these are the Mischief rule and the purposive approach theory, the golden rule and the literal rule Literal Rule The courts of law when applying this approach in interpreting the statutes, they give out the exact meaning as the texts are written in the Act of Parliament.... The Mischief Rule When the courts of laws consider the intent of the Act or the piece of legislation this then becomes the Mischief rule, the landmark case applicable to this rule has always been the Heydon's case 1584 it gave out principles and reasons that must be abided by in using the Mischief rule when interpreting statutes....

In such a scenario, teachers choose to address the problem by manipulating the proceedings that follow every Mischief that students perpetrate.... For instance, when she rubs her legs, and rocks in her chair among another Mischief, she demonstrates this aspect (New Mexico Public Education Department Technical Assistance, 44)....

The rules include the Mischief Rule, the Golden Rule and the Literal Rule (Manchester, 29).... nother rule that can be applied by the court is the Mischief Rule.... The Mischief rule was used in Smith vs.... They defended themselves that they were not on the streets but the judge applied the Mischief rule that the Act was there to ensure that people walking along the street were not solicited in any way....

Mischief at the polls.... om/news/united-states/21591623-how-texass-new-voter-identity-law-works-practice-Mischief-polls The Texas Tribune.... Texas has got a strict voter ID law that requires voters to avert photo ID with a name that considerably matches the name on the registered voters list....

She was convicted of the offence, 'effecting a public Mischief'.... At the time there was no law in the statute books which dealt with 'effecting a public Mischief'.... There were a few previous decisions that ruled conspiracy to effect public Mischief was an offence, but a conspiracy is an agreement which didn't fit in with Manly's case in which she was the only one involved....

The three rules as golden rule, literal rule and the Mischief rule are applied by the court to assess the objective of legislation that has passed by the constitutionalist.... The golden rule outside the purview of the act, hence the court can apply Mischief rule.... Mischief rule was favored by the Law Commission in view of the purposive approach to interpret the law....

There are three approaches in the interpretation namely the literal rule, golden rule and the Mischief rules, which are applicable as the case may present itself.... The Mischief Rule The rule is applied by courts whereby they look at the intention the parliament or the legislature had as at the time of making the law in question.... The Heydon's case 1584 provides the factors or principles that must be regarded as or followed in application of Mischief regulations in interpreting laws....

Nils is a 14 year old lad who is best in eating, sleeping and causing Mischief.... However, it is still contentious why the young lad enjoys causing Mischief and the author's intention in writing the book remains dubious.... The language used in appealing and interesting to read as the story unfolds and the author's imaginations become evident....

he Literal Rule, the Golden Rule and the Mischief Rule.... The third rule, the Mischief Rule asks the court to consider four points: the common law before the act was done; what was the Mischief done and what was defective in the law; what has Parliament done to correct or resolve the error; and what is the true reason for the correction.... The intended outcome of this rule is for the jurist to correctly interpret in the law in a manner that furthers the remedy or solution while eliminating or minimising the Mischief....

The Mischief rule was crafted to replace the uncertainty of the golden rule.... It set quite an understandable and easy standard for judges to follow as laid out in the Heydon's Case where the judge first considered the defects in common law that Parliament intended to address with the passing of the Act and then applied the Act to suppress the defect or ‘Mischief'.... The Mischief rule has since changed to the ‘purposive approach' which is now the modern standard of interpretation in many courts....

While one of these extensions-by-interpretation might be justified under the Mischief Rule or the Acts Interpretation Act, the second extension seems unreasonable at best. ... Thus under the Mischief Rule, or at least under the Acts Interpretation Act (which mandates interpretation based upon legislative intent even absent ambiguous language), the possession of fishing rods in a national park should be considered as forbidden under the Act. ... ad Karen and her friends been caught near the boundary of Barker National Park piloting their boat towards the park itself, it would be reasonable to apply the Mischief Rule or the Acts Interpretation Act to show that in this case the river was being used constructively as a “road, track, or path leading to the National Park”....

The force used is mostly always proportionate to the kind of Mischief or nuisance that the civilian has created.... Name 30 May 2011 Assignment Excessive force is used sometimes by the authority or members of the authority in order to subjugate a crowd of people or different persons and get them to follow the law and order by force, if they are not willing to do so by themselves....

The case is an indication as to a mistake and as a scheme of investigating the true Mischief to be corrected.... The case is a milestone, indication as both a wrong and a mistake, and optimistically as a scheme of investigating the true Mischief to be corrected by the law makers.... Literature recognizes three wholly dissimilar aids, or supposedly rules of construction, the accustomed interpret rules: Mischief Rule, Golden Rule or the Literal Rule. ...

Some of the rules of interpretation include the “literal rule,” “the golden rule” and the “Mischief rule” (Harris, 2007, p.... The Mischief rule is on the other hand applied in cases where application of the literal meaning of the words of the statue may not remedy a Mischief that the statue aimed at resolving....

Frost is playing the devil's advocate and realizes that "Spring is the Mischief in me".... In this essay, the author demonstrates the poem "Mending Wall" and describes o the wall's many experiences and his many experiences with it.... Also, the author discusses why this is a meeting place, a place of activity, and a necessary bond between neighbors and friends....

The essay "Statutory Interpretation in Doctrine of Judicial Precedent" focuses on the critical analysis of the level of engagement of the doctrine of judicial precedent with statutory interpretation.... Statutory interpretation and judicial precedent are the two important sources of law.... ... ... ...

However, some porn-haters proclaim that X-rated activities do not only disgust them but also contribute to considerable social Mischief – rape.... However, some porn-haters proclaim that X-rated activities do not only disgust them, but also contribute to considerable social Mischief – rape.... If pornography is a considerable donor to social Mischief, people would expect to witness substantial growths in sexual irresponsibility, rape and divorce as from the late 90s when the Internet swiftly made X-rated items much more accessible to individuals who can prompt sexual chaos, overpoweringly men....

The other character is Aomame considered to be among the three main characters; in fact, he helps The Dowager to terminate the male sexists, who bring Mischief to women.... Ironically, Estragon offers a significant motive underneath the notion that waiting for Godot would be meaningless; in fact, there are chances that Godot will offer them a great opportunity, though both Estragon and Vladimir had not met Godot; in fact, this chance had no attribute of bringing achievements, instead it would lead to Mischief....

Another important principle in statutory construction is the Mischief rule.... This rule is commonly applied to legislations that amend or revise prior Acts of Parliament that have been found to have some defects or Mischief.... No other interpretation shall be given except that it is intended to cure the defect or Mischief of the law stated in its purpose in the first place....

Hundreds of thousands of people watch news channels on a daily basis.... These people start believing in what they see on these news channels.... The views presented by the presenters are often enough to sway the people.... .... ... ... Hundreds of thousands of people watch news channels on a daily basis....