Mischief Rule Essay Example

Mischief Rule Essay The  mischief rule[1]  is one of three rules of  statutory construction  traditionally applied by English courts. [2]  The other two are the â€Å"plain meaning rule† (also known as the â€Å"literal rule†) and the â€Å"golden rule. † The main aim of the rule is to determine the mischief and defect that the statute in question has set out to remedy, and what ruling would effectively implement this remedy. The rule was first laid out in a 16th-century ruling of the  Exchequer Court. - History The rule was first set out in  Heydons Case  [1584]76 ER 637  3 CO REP 7a. 3]  where the court ruled that there were four points to be taken into consideration when interpreting a statute: â€Å"| For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered:(1st). What was the common law before the making of the Act? (2nd). What wa s the mischief and defect for which the common law did not provide. (3rd). What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth. And,(4th). The true reason of the remedy;(5th).The core principle of the last of us. and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and  pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act,  pro bono publico| - Advantages 1. In a  common law  jurisdiction, the existence of precedent and the knock-on effects of construing a statute prevent misuse of the rule; 2.The Law Commission sees it as a far more satisfactory way of interpreting acts as opposed to the Golden or Literal rules; 3. It usually avoids unjust or absurd results in sentencing; 4. It is consistent with parliament sovereignty. - Disadvantages 1. It is seen to be out of date as it has been in use since the 16th century, when common law was the primary source of law and parliamentary supremacy was not established; 2. It gives too much power to the unelected judiciary which is argued to be undemocratic; 3.In the 16th century, the judiciary would often draft acts on behalf of the king and were therefore well qualified in what mischief the act was meant to remedy. This is not often the case in modern legal systems; 4. The rule can make the law uncertain. Problems with the mischief rule 1. Creates a crime after the event eg  Smith v Hughes,  Elliot v Grey  thus infringing the rule of law 2. Gives judges a law making role infringing the separation of powers. 3. Judges can bring their own views, sense of morality and  prejudices to a case eg  Smith v Hughes,  DPP v Bull. CASE LAW-: Heydon’s Case Smith v Hughes  [1960] 1 WLR 830The defendants were prostitutes who had been charged under the Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies so could be seen by the public. Held:The court applied the mischief rule holding that the activities of the defendants were within the mischief the Act was aimed at even though under a literal interpretation they would be in a private place. R. M. D. C. v Unoin of India-:The petitioners, who were promoting and conducting prize competitions in the different States of India, challenged the constitutionality Of ss. and 5 Of the Prize Competitions Act (42 of 955) and rr. xi and 12 framed under S. 20 Of the Act. Their contention was that prize competition as defined in S. 2(d) of the Act included not merely competitions that were of a gambling nature but also those in which success depended to a substantial degree on skill and the sections and the rules violated their fundamental right to carry on business, and were uns upportable under Art. 19(6) of the Constitution, that they constituted a single inseverable enactment and, consequently, must fail entirely.On behalf of the Union of India this was controverted and it was contended that the definition, properly construed, meant and included only such competitions as were of a gambling nature, and even if that was not so, the impugned provisions, being severable in their application, were valid as regards gambling competitions. Held, that the validity of the restrictions imposed by SS. 4 and 5 and rr. ii and 12 of the Act as regards gambling competitions was no longer open to challenge under Art. 19(6) of the Constitution in view of the, decision of this Court that gambling did not fall within the purview of Art. 9(i) (g) of the Constitution. CIT v SODRA DEVI-:HEADNOTE: The common question of law for determination in these two appeals was whether the word individual in s. 16(3) of the Indian Income-tax Act, 1922, as amended by Act IV of 1937, includ es a female and whether the income of minor sons from a partnership, to the benefits of which they were admitted, was liable to be included in computing the total income of the mother who was a member of the partnership. Held, (Per Bhagwati and Kapur jj. , S. K. Das J. dissenting) that the question must be answered. The word individual occurring in s. 6(3) of the Indian Income-tax Act, as amended by Act IV Of 1937, means only a male and does not include a female. Utkal contractors;amp; joinerys Pvt Ltd. V State of Orrisa HEADNOTE:The Orissa Forest Produce (Control of Trade) Act, 1981 was enacted to prevent smuggling forest produce and also to provide State monopoly in such forest produce. The State was empowered under section 1(3) of the Act, from time to time to issue a notification specifying the area or areas, the forest produce in relation to which and the date from which the Act shall come into force.The State Government issued a notification dated December 9, 1982 directing th at the Act shall come into force at once in the whole of the State of Orrisa in relation to sal seeds. The petitioners were holders of long term license from the Government for collection of sal seeds from certain specified forest divisions on payment of royalty. Consequent upon the issue of the above notification, the Government refused to accept royalty from the petitioners in respect of certain forest divisions on the ground that the notification had the effect of rescinding the existing contracts between the Government and the petitioners.The petitioners thereupon filed writ petitions before the High Court for a declaration that the above notification was void, and did not have the effect of rescinding their contracts in relation to sal seeds. The High Court dismissed the writ petitions. The Supreme Court, allowing the appeals of the petitioners, held that the Act and the notification issued thereunder did not apply to forest produce grown in Government forests and that it was n ot, therefore, open to the Government to treat the contract dated May 25,1979. s rescinded. On May 29, 1987, the Governor of Orissa promulgated orissa Forest Produce (Control of Trade) (Amendment and Validation) ordinance 1987 deeming it to have come into force with effect from September 5,1981, when the principal Act was notified in the Gazette, rendering the aforesaid decision ineffective. The petitioners challenged the validity of this ordinance in this Court. Dismissing the writ petitions, this Court, ^HELD: 1. 1. The impugned ordinance is valid and cannot be challenged on any ground. [327B]

Marijuana- Yes or No essays

Marijuana- Yes or No essays Should the Nation Try to Smoke the Pain Away? Marijuana (a.k.a. pot, weed, Mary Jane, bud, ganja, grass, smoke, dank, green) Marijuana has many bad effects on the body. Although a user cannot become physically addicted to marijuana, he/she may become psychologically dependent on the drug. Also, a person driving under the influence of marijuana is a danger to themselves and others. Mental breakdown can also occur if weed is smoked like mad. Marijuana is also known as a gateway drug. It often leads to use of more dangerous drugs. Many people often abuse this drug. If marijuana were legalized, many people would take advantage of this, and use it excessively. Marijuana is a "gateway" drug. Even if legal, it would lead to the use of more dangerous drugs. When arrested for possession of marijuana, the possessor gets put into rehabilitation centers, which use our tax money! There are supposed legitimate reasons that marijuana should be legalized. One of these is lawful medical use of the drug. It is said that it can help cancer, AIDS, and glaucoma patients. However, no other drug prescribed is smoked. New findings show that marijuana is somewhat harmful to AIDS and cancer patients because the active ingredient in marijuana slightly reduces the bodies white blood cells which fight off infections. After many years of research of marijuana, there has been no hard proof that it can be used as a medicine. No scientific proof has been found! The Federal Government tries to stop the use of marijuana. Government agencies spend millions of dollars every year to try and get rid of marijuana. The amount of money they spend is increasing, however the use of marijuana is also. Their goal was to inflate prices so less people would purchase the drug, but the opposite has been happening. Although, fair cases can be fought that marijuana has a reason to be legal, it should stay illegal. Because of t ...

Comparison and Contrast between Egyptian and Greek History Essay

Comparison and Contrast between Egyptian and Greek History - Essay Example   The social organizations and governments of ancient Greeks and Egyptians differed. Ancient Egypt was ruled by dynasties such as the Old Kingdom Dynasty while Greeks had an aristocratic form of government. Ancient Greece was divided into provinces called polis. The few rich landowners, who owned slaves ruled their territories. The more slaves a landowner had, the more powerful they were (Finlay).   The form of literature between these two was also different since Greeks introduced vowels to the alphabetic system. This formed the basis for the modern day English language. The Egyptians developed their own form of writing which used pictures and symbols to communicate.Greek were highly engaged in trade activities. This was favoured by their easy access to the Mediterranean Sea which made it easy for them to import and export goods. This also facilitated slave trade as well as fishing activities that formed a major part of their economy. The Egyptians had a different type of econom ic system which relied on supply function. Producers of different commodities would deliver their produce to the ruling administration and temples. These commodities would then be distributed to other citizens on a need basis.   Any surplus that was available after distribution would be supplied to neighbouring states in exchange of commodities that were not available in the exporting state. ComparisonsGreeks introduce vowels the alphabets. This formed the basis for modern-day English.  Ã‚  

A woman who changed the world Essay Example | Topics and Well Written Essays - 500 words

A woman who changed the world - Essay Example She did so many things to change the world with the most renown being a very passionate advocate of planting trees. She was concerned about the rapid increase in deforestation and the adverse effects it was having on the environment and she made it her work to campaign for planting trees. The other thing is that she gave hope and encouragement to the women pursuing higher education. She did this through attainment of her PhD as well as the numerous other education paths she took in the men infested domains without fear or failure. She also encouraged women worldwide to be achievers hence the starting of the Nobel Women’s initiative worldwide (Maathai 127). Her life though cut short in 2011 has taught me that women should not let anything bring them down or deter them from changing the world. She did not let the political challenges in her country or her poor backgrounds bring her down. She also did not let the fact that she was a female and a mother prevents her from succeeding in every endeavor she chose. I also learnt that women in powerful position should use it to assist the other women. Lastly, I learnt from her than anything is possible with hard work and determination no matter the race, gender or nationality. Wangari Mathaai was indeed a feminist. Even though her feminism was not so pronounced later on in her career, she was one at heart and openly for that matter. While she was a lecturer in the University of Nairobi, she openly advocated for the equal rights of women in leadership and education (Maathai 186). She did this without any fear. She also advocated for women to be granted equal rights in politics and well as in environmental sector when she joined politics and this saw many women follow in her footsteps and achieve greatly as a result of her feminism. Class readings talk about feminists who are not only involved in lobbying work but whose

China in the Classical Era Essay Example for Free

China in the Classical Era Essay The gender systems of the Classical era in China can almost be summed up with this phrase: â€Å"How sad it is to be a woman!† (Strayer) According to the Chinese traditions when a girl child is born the family is definitely not happy about the birth. The mothers of the girl child must do three things; â€Å"first she must make the child sleep under the bed this shows the baby that she is lowly and weak, second she must give the baby a potsherd or a piece of broken pot to play with to make the girl child realize that the only thing in life for her is housework, and thirdly the mother must make an offering to the ancestors when she announces the birth of the girl child. † (Strayer) Chinese women are considered less than men, less than the servants even. She must always humble herself to the man of the family, or her â€Å"master†; she is to do whatever the in-laws require her to do as well. The gender system of the Classical era in India is much like China. â€Å"In childhood a female must be subject to her father, in youth to her husband, when her lord is dead to her sons; a woman must never be independent.† (Strayer) The female in India could never be on her own, her father rules her life as a child, her husband as a wife and if she has male children, she is less than her children if the husband ever dies. She must never be vain, show her face or her body, and woman of India is less than a person because of these rules. The gender system of the Classical era in Rome began very much the same for the females. †If each man of us, fellow citizens, had established that the right and authority of the husband should be held over the mother of his own family we should have less difficulty with women in general.† (Strayer) In Rome men were expected to rule. This may have come from the fact that in order for Roman men to reproduce they had to pillage other villages and kidnap and rape the captured women. Over that time the men obviously ruled the house, the city and the land. Women were considered imprudent, rude and considered unbridled if they conducted any kind of business without a male guardian present. In all three cultures the same patriarchy is evident. Women were to do nothing without the say so of the man. Whether it is her father, husband, brother or son, she was to do as she was told when she was told and not complain about it. In China the females did as told, even by the mother-in-law, she was humbled, regardless of the situation, the husband could do as wished as long as it didn’t bring shame to himself or his family. There really isn’t anyway for the Chinese woman to get away from the patriarchy of her family or her husband’s family. In India the only way that a woman could relieve herself from her husband’s patriarchy â€Å"was to become a Buddhist nun and entering a monastery where women were relatively less restricted and could exercise more authority than in ordinary life.† (Strayer) Even thought this relieved her of her families’ patriarchy she still didn’t have complete independence from male dominance. In Rome however, this is where the changes began for the Roman women. â€Å"When these speeches for and against the law had been made, a considerably larger crowd of women poured forth in public the next day; as a single body they besieged the doors, of the Brutus’s, who were vetoing their colleagues’ motion, and they didn’t not stop until the tribunes took back their veto†¦.† (Strayer) The women of Rome were sick of being treated as less the nothings, they began to go into the streets, talk to whomever they chose even other women’s husbands. They had decided as a group that it was time that they had some rights. The women were no longer going to sit in the houses and have absolutely no wealth, no status, and no rights. There were some men against this and some men that approved of it. In the end the women won, and was allowed a few rights. This was taken away twenty years later though. The cultures of the Classical era showed that women were less than men, they had no rights, they had no wealth and they would always be obedient. This was an act to humble the women, they were slaves. The males always dominated the women; only the Roman women as a group were able to stand up for themselves. The Chinese and the women of India did not. They were obedient. Works Cited: Strayer, Robert. Ways of the World: A Brief Global History. Boston. New York, Bedford/ St. Martins 2011

Television and Media - Family Life With, and Without TV :: Comparison Compare Contrast Essays

Family Life With, and Without TV Just about everyone in the United States owns and watches television. Consequently, we've become accustomed to a fairly predictable and monotonous home life. Every working day, we come home, pick up the mail, switch on the TV. Every night, we cook dinner, clean up the kitchen, watch some TV. Every weekend, we do the shopping, finish the chores, and settle in to watch a movie. And why not? It's relaxing to hunker down on the sofa at the end of a tiring day and it doesn't take any energy to flip through the channels with the remote control in one hand and a bowl of buttered popcorn in the other. In my family, we grew up with the TV on. Every weekend, we watched Gunsmoke and Bonanza together as a family. Every year, we made special treats for the Wizard of Oz. I wouldn't have developed my love for cooking if I hadn't watched Graham Kerr as the Galloping Gourmet every day after school. I was hooked on Drawing With John Nagy and years later graduated from Kendall College of Art and Design. Television isn't all bad. It placates us and creates a comfortable background while we take care of business at home and when we're tired it lulls us to sleep. TV is a companion for the elderly and a convenient babysitter for the young. It makes burglars think we're home when we're not. It entertains us cheaply with live action sports, incomparable performing arts and singular events of the world all in living color. It educates us about everything from the cells in our body to the galaxies in the universe. Besides, what would life be like without TV? Could we stand the silence? How would we relax? What would we do with so much time on our hands? Let's take a look at how the average American family might react in a sudden shift to life without TV. Mr. and Mrs. Jones decide to unplug the TV and put it in the garage starting Monday night. They want the family to spend more quality time together. No one takes Mom and Dad seriously and the family jokes about it all weekend. There's a little tension in the air Monday night.

My Daughter Azul Essay

I’m not speaking about the blue color, even though â€Å"azul† means blue, this time I talking about my daughter, my little piece of blue sky named Azul. I have a wonderful family; we are all Mexican, my husband, Jose; my little men, Pepito; and my beautiful daughter, Azul. I’m proud of my daughter because she is a brilliant student, a very happy girl, and a great sister. Azul is well known in her school for being a wonderful learner. She won â€Å"Student of the Month† twice last year, this might sound like â€Å"Is not a big deal†, but consider that last year, while we were living in Mexico, she didn ´t know a word about English and now she is earning all kind of awards in a language that is not her mother tongue. Her teacher says that she works in class as a bee. She gets up really early to get ready for school, sometimes she asks me to go to wait for the bus twenty minutes before the bus arrives, she really enjoys going to school. My daughter is a very joyful girl, she sings and dances all the time, every afternoon she steps in front of the TV and looks at music videos to dance and sing with her friends, they look at her like a rock star and all laugh between songs and dancing moves. Is amazing how she makes fun of nothing at all; she’s as happy as the day is long. These good qualities are not even the half when you compare them to her value as a sister. She takes care of Pepito whenever I ask her to do it. She comforts and huge to him when she sees him crying. She could spend all day playing, running, and having fun with him. All these things might sound like the kind of things that any older sister does with her younger brother, but what I really think that makes a real difference is the fact that Azul knows how hard it can be when you arrive to any place and you don’t understand anything about they are saying, that’s why she really cares about teaching to her baby brother with love to speak in both languages, English and Spanish. That’s why I’m really happy and proud of my daughter and I know that she will have a brilliant future in many ways. I wish she always be happy and her smile remains forever.