Law And Its Application

Question 1

• Customs which are not contrary to law, public order/public policy
• Court decisions (foreign/local)
• Legal opinions
• General principles of justice and equity
• Rule of statutory construction

Answer 1

Courts Duty To Decide Every Case

Question 2

if there is no law which punishes the act complained of, the judge must dismiss.

Answer 2

“NULLA POENA SINE LEGE”

Question 3

• When the law and its meaning is clear and unmistakable, there is no need to interpret it further.
• When construction or interpretation is necessary, the court should interpret the law according to the meaning the legislature intended to give in.
• If there are two possible interpretations of a law, that which will achieve the ends desires by Congress should be adopted
• Laws of pleading, practice and procedure are likely liberally constructed in order to promote their object and assist the parties in obtaining just,speedy and inexpensive determination of every action and proceeding.
• In case of doubt in the interpretation and application of laws and when all other rules of statutory construction fail, it is presumed that the lawmaking body intended the right and justice to prevail

Answer 3

Interpretation Of Laws

Question 4

• The act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that a given case is not explicitly provided for in the law.

Answer 4

STATUTORY CONSTRUCTION

Question 5

• One who interprets makes use of intrinsic aids or those found in the statute itself, while one who constructs makes use of extrinsic aids or those found outside the written language of the law

Answer 5

ONE MUST INTERPRET FIRST BEFORE HE
CONSTRUES

Question 6

• Title- expresses the subject matter of the law
• Preamble- reasons or the objectives of the enactment
• Words - general consideration of the act as a whole
• Phrases and sentences context
• Punctuation
• Headings and marginal notes
• Legislative definitions and interpretation clauses

Answer 6

INTRINSIC AIDS

Question 7

• Contemporaneous circumstances- conditions existing at the time the law was enacted
  * Policy -general policy of the law or the settled policy of the state
• Legislative history of the statute- found in the report of legislative committee
• Contemporaneous or practical construction-
• Executive construction- construction given by the executive department
  * Legislative construction -
• Judicial construction-statute was enacted in the light of the judicial construction
• Construction by the bar and legal commentators

Answer 7

EXTRINSIC AIDS

Question 8

• When the language of statute is ambiguous, doubtful or obscure when taken in relation to a set of facts
• When reasonable minds disagree as to meaning of the language used in the statute

Answer 8

It is neccessary to interpret and construct

Question 9

• When the law speaks in clear and categorical language

Answer 9

Not necessary to interpret and construct