Legal Systems |
Fast Legal System is Common Law System:
common law system is very old and not well organized. common law system is not clear and comprehensive like civil law system. Case law is produced by judges under common law system, which doesn't have written interpretation.
As a result judges need to interpret law vastly is under to arrive at a solution. Other verdict gives by 2 judges for similar case can very widely based on interpretation of law.
Rules of Interpretation of Common Law System:
1. If lateral meaning is clear this judge should follow.
2. If lateral meaning is not clear than judges should give his verdict based on the par pose of the law.
3. In order to interpret a rule or a word judge may look at the context in which the rule or word is used. Based on the context judge may bring out the meaning.
4. In order to interpret a rule judge may look at other rule of the series. Based on the meaning or purpose of other rules judge will interpret the rule.
5. A word may be interpreted based on the meaning of words that surround it.
6. When law include a word expressly in it, it exclude all other worlds by doing so.
7. If there is any gap or omission in the law then it is consider outside of the scope of the law.
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