Stare decisis is a maxim among … lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
— Jonathan Swift, Gulliver’s Travels.
“WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY WE KNOW THE ENACTMENT “
“To treat precedents as superior to constitutional enactments is to introduce contradictions into the law, and in any system of logical propositions, acceptance of a single contradiction accepts all contradictions, rendering every proposition logically undecidable”
“By treating court opinions as though they are general law, and not just law for a particular case, we become accomplices in delegating legislative powers to judicial officials, which is forbidden by Art. I Sec. 1 of the U.S.”
Classification of Crimes
•The Crime of Misdemeanors • Overview of Aiding and Abetting or Accessory • Overview of Arson • Overview of Assault and Battery • Overview of Bribery • Overview of Burglary • Overview of Child Abuse • Overview of Child Pornography • Overview of Computer Crime and Data Theft • Overview of Conspiracy • Overview of Credit/Debit Card Fraud • Overview offensive Conduct • Overview of Domestic Violence • Overview of Drug Cultivation , Manufacturing, Possession , Consumption and Trafficking • Overview of Embezzlement • Overview of Extortion • Overview of Murder • Overview of Forgery • Overview of Hate Crimes • Crime of Identity Theft • Crime of Indecent Exposure • Crime of Insurance Fraud • Crime unintentional Manslaughter • Crime of Kidnapping • Crime of Money Laundering • Crime of Perjury • Crime of Prostitution • Crime of Pyramid Scheme • Crime of Rape • Crime of Robbery • Crime of aggravated Murder • Crime of Securities Fraud • Crime of Sexual Assault • Crime of Stalking • Crime of Tax Evasion/Fraud • Crime of Telemarketing Fraud • Crime of Theft • Crime of Fraud
SOME BASIC RULES
Relations between the words of a statute
- ejusdem generis;
- noscitur a sociis;
- expressio unius est exclusio alterius;
- casus omissus
Relation of the words in a statute to outside materials
- plain meaning rule;
- when two statutes are in conflict, the latest in time prevails
- Distribution of power between the legislature and the courts.
Distribution of responsibility between the legislature and the courts
Creation of certainty in the law
To change and adapt the law to new and unforeseen conditions
To decide the controversies of litigants before the courts.
Judges should make law when necessary to the ends of justice.
7. The Relative Merits of Legislatures and Courts as Lawmakers
THE WAY OF INTERPRETATION
- Who Should Create and Define Crimes?
- Who Does Create and Define Crimes?
- Common law crimes.
- Three approaches: Textualism, intentionalism, and dynamism of interpretation.
- A Directory or Mandatory Provision
- Access or non access to wife
- Acts in Pari Materia
- An act in law shall prejudice no man
- Addition of words by Court while interpreting
- The aid of American Concept of law
- Amendment of an Act
- As far as possible
- As it deemed fit
- Beneficial construction
- Beyond reasonable doubt
- Casus Omissus
- Conjugal Right
- Consider and Determine
- Deeming Provision
- Definition Clause
- Dictionary Meaning
- Discussion in Parliament
- Divorce -Cruelty Pleading