Golden Rule, The Mischief Rule and The Literal Rule of Statutory Essay

Golden Rule, The Mischief Rule and The existent Rule of Statutory definition - Essay ExampleAn archetype where Golden Rule was applied was the Sigsworth, Re, Bedford vs Bedford. In this case, a son has bump off his mother who was yet to make a will. Under the Section 46 of the Administration of Estates Act 1925, thither should be inheritor and in this case, the son was the sole issue, therefore, he should have inherited the mothers property. However, the judge ruled under the golden rule and the son did not receive the inheritance. This is because it would have been dislocated to give the inheritance to the son as he murdered his mother and would have been benefited by committing a crime. Mischief Rule Mischief Rule of statutory interpretation gives authority to the judge to contain the naughtiness in the crime and apply it in instances where there occurs an ambiguity in the law. Thus this rule aims to agnize the mischief and also to lay down a solution which would correct the situation if implemented. A usual case that came under the Mischief rule was Smith vs. Hughes. In this case, prostitutes were charged for recruiting clients from a public location while in spite of appearance the confines of a private area, which were the windows that overlooked the street. Under the Street Offences Act of 1959, it is smuggled to attract clients with the intention of offering sex services on streets. The defendants pleaded that they had not attracted clients on the streets but were within their own homes. However, the judge found them guilty since the prostitutes had mischief on their mind and were, in fact, taking clients from the streets. Literal Rule Literal Rule as the name suggests allows the judge to give out a regnant by taking into account the material meaning of the word since they do not affect the popular opinion of the case. The judge, in this case, does not have to consider the meaning or the implications behind words or sentences such as in th e case of the previous laws. This is usually the most preferred rule of statutory interpretation. An example of this is the R Vs Harris case under which the defendant harmed the victim by biting his nose. Since the law considers stabbing, cutting or wounding a person done an instrument as a crime, therefore the defendant was judge since he did not commit the crime in the literal sense. Application In normal circumstances, the literal rule is first applied before considering any other approach. When a different approach is taken, a significant reason should be presented as to why the Golden or the Mischief rule had been applied. later 45 years in litigation, I have seen so much money spent, stress caused and withstand encountered. Reaching settlement at the door of the court is entirely unsatisfactory. Sir Henry Brooke in intermediation Lawyers still need convincing, Law Gazette (18th September 2008). preference Dispute Resolution (ADR) ADR is an acronym for Alternative Dispute Resolution. Under ADR, the dispute is resolved by allowing the conflicting parties to come to an agreement without having to go through the process of filing a case against the defendant. In this system, the dispute is resolved with or without the presence of a third party.