Introduction to statutory interpretation - Law essays - Free Essay Examples for Students

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The most important factor in this incident was the lack of intervention from myself or the other healthcare professionals. The nurse should have been made aware that this was not a suitable area to bring the members of the public to. I also assumed that there would not be disclosure of specific patient details as this would be a breach of patient confidentiality policies which are covered in numerous guidelines from the Healthcare Professions Council (HCPC, 2012) and the Nursing and Midwifery Council (NMC 2015).
Feelings

Section 6 of the Interpretation Act 1978 clearly states that In any Act, unless the contrary intention appears; words importing the masculine gender include the feminine, words importing the feminine gender include the masculine, words in the singular include the plural and words in the plural include the singular. This section of the act helps
the judge with general words. To make things more simple for courts, most statutes now include an interpretation section. These interpretation sections outline what the words include and how they must be interpreted. For example, the interpretation section of the Human Rights Act 1998 explains that amend includes repeal and apply (with or without modifications), the Commission means the European Commission of Human Rights and declaration of incompatibility means a declaration under section 4. These sections within the legislation can be helpful to judges as they know what is expected of them when interpreting statutes in court. Therefore, they are less likely to make a mistake and give the wrong sentence to a defendant. Before the incident, I was aware that the nurse was showing the members of the public around the ITU in order to familiarise them with the ward.

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This means that it can be hard for judges to apply the literal rule if they have no statute to relate too. This can end up in judges giving their own opinions on what the outcome should be and this is not what their role entails. These rules and principles of statutory interpretation are not legally binding. They are simply interpretative guidelines and principles the courts have developed over time. This is important to acknowledge before learning the rules. In recent years there has been increased education in schools and universities to ensure fewer chances of this kind of tragedies happening again. A typical exercise can involve giving students a gun control essay to research and write. This way the students can see what are the current laws and do research themselves into what problems can be affected if you change them. At this point, the pigs resort to propaganda and rhetoric. Squealer uses his oratorical gift to refine the pigs message to the other animals. Upon Napoleons order, he breaks the Seven Commandments of farm governance.

"The literature review helps you indentify what is already known, how it relates to your question, how your study might contribute to greater understanding of the topic, and the potential theoretical frameworks that might inform the study" (Ary, Jacobs, Razavieh & Sorensen, 2009). For example, consider an action research examining student traits leading to acts of indiscipline the school setting. In this case, it would be important to conduct a literature review of the behavioral models that are relevant in analyzing student behavior. Another important element in identifying a framework for interpretation involves the consideration of the qualitative and quantitative traits of the data. Hence, if the data was quantitative, the mode of interpretation that will be used to interpret data will take into account the numerical variables then infer inference will be made from existing theoretical interpretations of the same data variables.

To give you an even better idea of what a good thesis should look like, here is a sample statement for an essay about the importance of an adequate work-life balance: The pro-gun control campaigners advocate changing the constitution to either monitor the use of guns or totally ban gun possession among civilians. Also, parents and educationists have taken measures to educate children on the misuse of guns through lectures and open forums. One of the techniques professors use to educate students is by assigning them assignments to write an essay on gun control. That way, students can do adequate research and review existing literature before drafting the final gun control essay. Parents have also taken steps to monitor their childrens exposure to violent video games and videos that influence them to be violent.

The Brock v DPP (1993) case is an example of this. Section 1 of Dangerous Dogs Act 1991 states that this section applies to any dog of the type known as the pit bull terrier and that no person shall have any dog to which this section applies in his possession or custody. The interpretation of this statute caused a problem in court. The confusion was if the word type has the same meaning as the word breed. Miss Brock had a dog called Buster in her possession that was seen as the type known as the pit bull terrier. As she failed to provide appropriate evidence that her dog was of a pit bull terrier type, the Crown Court concluded that Miss Brock would not be prohibited from having the dog in her possession. The court clarified that the word type is not synonymous with the word breed. They explained the decision they made by clarifying that the word type has a broader meaning to it than the word breed and therefore cannot be identified as having the same definition.

Description: What happened?
Feelings: What were you thinking/feeling?
Evaluation: What was good about the experience? What was bad about it?
Analysis: What sense can be made of the situation? What was really going on, as opposed to what you may have perceived?
Conclusion: What was the end result how well did you think you managed the situation overall? What else could you have done in the situation?
Action plan: If the situation occurred again, what would you do? Would you act differently? Is there a skill you can develop or something you can learn to help you to be better equipped next time? The golden rule is defined as words that are given their plain and ordinary meaning to the extent that they do not cause absurdity. This is like the literal rule although if the court come across an interpretation that leads to absurdity, they can avoid it by using the golden rule. Sharon Hanson explains that this rule states that the literal rule should be followed except on those occasions when to apply the literal rule would lead to absurd results or go against public policy.



After fully deciphering the central theme, there is one more significant step. It is possible that the major obstacles which prevented me from speaking out in this incident were my perception of an authority gradient between myself and my colleague and low group cohesiveness. To prevent future events like this occurring I will express any concerns about my clinical skills before beginning any procedures in order to both reduce any authority gradient and to also reduce the diffusion of responsibility as much as possible. I now feel more confident in protecting patient confidentiality and will aim to always embody the values and principles of a healthcare scientist. There is debate over interpretation of this ancient text but it generally accepted as having a trained military or state guard and the people which is anyone native or considered part of the community to be able to keep and carry weapons. However, not all courts have interpreted statutes correctly. This may be due to the fact they have been badly drafted.

This case is only one example of how words in statutes pose a daily challenge to judges in UK courts. The patient had a jugular line in place, which I had anticipated would make the scan more difficult and therefore probably contributed to my increased level of anxiety. I feel that if I had not been as anxious I would have been more likely to intervene; however it is clear that both my colleagues and I should have intervened more quickly. I believe that an informal intervention as described by Koocher and Keith-Spiegel (2010) would have been appropriate in this situation. Gibbs Reflective Cycle Example To have an effective interpretive essay, you want to evaluate the methods the author used instead of simply identifying them. One thing to keep in mind when youre doing this is that there is a certain ambiguity in most literary works. This is the presence of multiple, somewhat inconsistent truths in a literary work. When youre evaluating, you may say, Oh, there was this good guy, but he made a bad decision. He did a bad thing. You have to maybe come to a judgment on that person.

The golden rule can be interpreted in two ways, by using the narrow approach and the wide approach. Having witnessed the distress caused to both the patient and members of the public, I am now aware of the important of being more assertive if similar situations were to arise in future. Although I believe I should have intervened at the time, the experience I have gained from this has made me more aware of the important of always acting in the best interests of the patient even when this may take courage. I believe that having greater confidence in my ability to scan would have reduced my diffusion of responsibility and allowed me to act in a more autonomous fashion. There should also be a greater emphasis to establish strong working relationships between healthcare professionals to in turn increase levels of group cohesiveness (Rutkowski et al 1983).
Action plan Thus, when it comes to the majority of suggestions concerning stricter regulations of gun possession among civilians, Republicans vote for such changes very reluctantly.

Instead, the party representatives strongly support the allowance of concealed carry of firearms in most public places. And, they also vote for allowing school teachers and authorities to carry guns at the workplace. All in all, Republicans are convinced that stricter gun policies cannot help minimize cultural brutality and prevent cruel crimes. But they believe that death penalties can. There are different modes of interpretation that can be used in generating a competent framework of analysis. These will primarily depend on the data types and thematic concerns of the research in question. According to Henning, Stone and Kelly (2008), "Successfully interpreting data requires persistent thinking from different perspectives. It is common to offer alternative explanations for the same set of data" (). This makes the research more meaningful by virtue of the fact that it leads to the emancipation of varied perspectives that are relevant in the research. The interpretation of data serves as a basis for the development of new teaching strategies (Henning, Stone & Kelly, 2008).

Without a doubt, your papers thesis is the most important part. It has to be included in the introductory clause of your paperas your entire essay revolves around this statement. In a nutshell, a thesis statement provides your audience with a brief summary of the papers key claim. Your key claim is what you are going to be revealing or arguing about in the body section of your paper. As a rule, a good thesis statement is very concise (disclosed in one sentence), accurate, specific, clear, and focused. Your thesis should typically appear at the end of your introductory paragraph/section. Even though most cases that apply the literal rule have resulted in the appropriate outcome, there have been situations where the literal rule has caused injustice. This injustice means that the publics confidence in the law will become non-existent. The public may believe that the judges are being unfair and that certain people do not deserve the punishment they have been given. Also, the literal rule is hard to apply in some cases. For example, if an individual impersonates a dead person. How can Parliament know that a human being would do such a wrong thing like this? Therefore, it is impossible to make a perfectly drafted law for every possible thing that can be done in the world.

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Do you think that they were a good person or a bad person? Were they bad because of the bad thing they did, or was it forgivable because overall they were a good person? The first of many rules of statutory interpretation starts with the literal rule. The literal rule is defined as giving words their literal and ordinary meaning. The courts must interpret words as they are and not interpret them in a way they believe they should be interpreted. Courts must abide by this rule even if the outcome may seem unreasonable. In The Queen v The Judge of the City of London Court (1892) case, Lord Esher made this clear by saying if the words of an Act are clear, you must follow them, even though they lead to a manifest absurdity. This ensures that judges must interpret the words of a statute in their ordinary meaning without thinking about the result it will have. The first significant step in developing a framework for enriching analysis involves literature review.

It is a paper devoted to analyzing a certain topic or subject. An analysis essay is all about reviewing certain details of the subject and interpreting them. For example, such an analysis for a poem includes a description of artistic means that helped the poet convey the idea. Being more analytical in writing can be essential for a student. This is a skill that can be self-taught: try to start noticing subtle details and describe them. As you write, interpret the facts and strive to draw conclusions. Try to be as objective as possible. Answering these questions in 2-3 sentences each will help you ensure that you provide your readers with complete information about the topic of your essay. However, be sure to keep these sentences concise and straight to the point. Four legs good, two legs bad is one of the many postulates invented by George Orwell for his characters in Animal Farm to vest them with socialist ideology and control over the animal population. The social revolution on Manor Farm was built on language instruments, first for the collective success of the animals, and later for the power consolidation by the pigs.

At night, he climbs the ladder to change them, and once even falls from the ladder trying to change the commandment on alcohol. The proletarian animals soon forget what the Seven Commandments were like in the first place and are unsure if they have ever been altered. Further on, Minimus writes a poem praising Napoleon. Finally, Squealer replaces the Commandments with a single assertion: All animals are equal, but some animals are more equal than others. Language is no longer used to convince. It is used to control and manipulate. An outline is the starting point for your work. A typical analytical essay features the usual essay structure. A 500-word essay should consist of a one-paragraph introduction, a three-paragraph body, and a one-paragraph conclusion. Find below a great analytical essay outline sample. Feel free to use it as an example when doing your own work! The purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court.

Statutory interpretation consists of three main rules which are described as the literal rule, the golden rule and the mischief rule. To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, How do courts interpret statutes? Due to the incident, I have formed a new set of behaviours. The first of these is that I will no longer assume that all members of staff will act in accordance with guidelines about patient confidentiality. Tied to this is a conscious effort on my part to refrain from assuming that I can predict the actions of other healthcare workers and I will always prioritise the welfare of patients in my care. Gibbs (1988) model has allowed me to critically reflect on my behaviours and has allowed me to identify aspects of my behaviour which may be detrimental. Critical reflection of this incident has made it clear that there is a deference to those I deem more senior than myself, perhaps due to a subconscious desire to maintain good working relationships. Gibbs Reflective Cycle Example In order for judges to find the correct meaning of statutes, they must use various methods. Parliament introduced the Interpretation Act 1978 as a guideline when applying statutes such as bills and legislation.

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I was very surprised when the nurse did not check the patients notes beforehand, and the distress caused to both the patient and the members of the public was entirely unnecessary. To critically reflect upon this incident I shall use a well-known reflective cycle from Gibbs (1988). This model is cyclical and is unique because it includes emotions, knowledge, and actions and believes that experiences are repeated, which moves away from the model proposed by Kolb (1984). Some scholars, such as Zeichner and Liston (1996), believe that a wider and more flexible approach is needed by examining values in a critical light and how the practice of this can lead to changes in quality. Gibbs Reflective Cycle Example 3. Read between the lines: After finding the most suitable subject, decipher what main point the author is trying to make. This will become clearer as you get deeper into the literature since clues and examples will appear frequently.

The best way to familiarise yourself with this type of writing is to learn from an example.

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