What is restrictive interpretation?
1. RESTRICTIVE DEFINITIONS. A restrictive definition means that the meaning so defined in the statute for a particular word has a very restrictive ambit, so much so that its meaning cannot go beyond what has been defined. There is nothing that can be included in the meaning beyond what has been stated.
What are the three rules of interpretation?
Rules Of Interpretation
- Grammatical or Literal Rule of Interpretation.
- GOLDEN RULE OF INTERPRETATION.
- MISCHIEF RULE OF INTERPRETATION.
What is doctrine of effectiveness?
High Court jurisdiction is founded on the doctrine of effectiveness, which refers to the principle that a claimant must sue out of the court which will be most effective in giving a judgment: that is, the court which is best positioned to enforce the judgment.
What is exceptional construction?
(5) Rule of Exceptional Construction: The rule of exceptional construction stands for the elimination of statutes and words in a statute which defeat the real objective of the statute or make no sense. This would be so where the literal reading of the words produces an unintelligible or absurd result.
What is cardinal rule of interpretation?
The Primary Rule: Literal Interpretation. In construing Statutes, the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. This rule is also known as the Plain meaning rule.
What are the different types of interpretation?
The three basic interpretation modes are simultaneous interpretation (SI), consecutive interpretation, and whispered interpretation. However, linguists suggest there are more than simultaneous interpretation, consecutive interpretation, and whispered interpretation to interpretation modes.
What is the purpose of interpretation?
Interpreting takes place in many settings and for many reasons, yet at heart the purpose of interpreting is to facilitate communication between parties who do not share a common language. Trained, qualified interpreters faithfully interpret for all parties without adding, omitting or changing the message.
What is a principle of effectivity?
The principle of effectiveness, or effective judicial protection, obliges Member State courts to ensure that national remedies and procedural rules do not render claims based on EU law impossible in practice or excessively difficult to enforce.
What is a notice of intention to defend?
Notice of intention to defend. After service of the summons, the defendant has ten court (business) days in which to serve a formal confirmation of its intention to defend the action on the claimant’s lawyers. Slightly longer time periods are permitted where summons is served outside of the jurisdiction of the court.
What is the golden rule of interpretation?
Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences.
What is Heydon’s rule?
Mischief Rule was originated in Heydon’s case in 1584. It is the rule of purposive construction because the purpose of this statute is most important while applying this rule. It is called as mischief rule because the focus is on curing the mischief.
Is there any scope for interpretation in a restrictive statute?
There is seldom any scope for interpretation in case of a restrictive definition. Where ‘means’ is employed, it shows that the definition enacted is hard and fast and that no other meaning can be assigned to the word “defined” that is put down in the definition. There is a rationale behind the strict and restrictive interpretation of the word.
When does a statute make a definition restrictive?
1. RESTRICTIVE DEFINITIONS As stated above, a statute may define a word even artificially, setting up of its ambit, whether to make restrictive of a definition or to make it extensive. When a word is defined to ‘mean’ something, the definition prima facie is restrictive in nature and is exhaustive.
When is the restrictive pattern confirmed as a true restrictive defect?
The restrictive pattern is confirmed as a true restrictive defect if the total lung capacity is less than 80% of predicted in patients five to 18 years of age, or less than the LLN in adults. If full PFTs cannot be obtained, the FVC can be used to infer a restrictive defect; however, FVC has a poor positive predictive value. 13, 14
What does the interpretation of a statute mean?
Interpretation of a statute meant the difference between life & death for the accused. Court wary of hanging people. Today, though capital punishment, not a big issues, still concerned not just with deprivation of liberty, but also with the stigma associated with a criminal offense.