English Legal System & Practice Essay Example | Topics and Well Written Essays - 1000 words

English Legal System & Practice - Essay Example 3) Ordinary words must be construed in their common meaning, and technical terms are to given their technical meaning, unless absurdity would result (golden rule). 4) When an Act has a curing of defect in the law for its purpose, any ambiguity shall be resolved in such a way so as to fulfil that aim (mischief rule). 5) When a list of specific items that belong to the same class is followed by general words, the general words are to be regarded as confined to the other items of the same class (the rule ejusdem generis (â€Å"of the same kind†). 6) When a list of specific items is not followed by general words, it is to be regarded as exhaustive (the rule expressio unius est exclusio alterius (â€Å"the inclusion of the one is the exclusion of the other†). 7) When a prior Act is found to be â€Å"on the like matter†, it can be used as an aid in construing the statute in question (the rule in paru materia, â€Å"on the like matter†). 8) When a word or group o f words has uncertain meaning, its construction should proceed in the light of its surrounding words (the rule noscitur a sociis (â€Å"known by its associates†). (â€Å"Rules and Principles of Statutory Interpretation† 295). In addition to these rules, there exist several general presumptions with regard to interpretation of statutes. The latter are presumed: not to bind the Crown in its decisions; not to operate retrospectively in the sphere of substantive (but not procedural) law; not to infringe upon vested rights; not to interfere with the jurisdiction of the courts; and not to contravene Acts on constitutional rights or norms of international law (â€Å"Rules and Principles of Statutory Interpretation† 295). The aforementioned rules of statutory interpretation may be illustrated by the following examples. In London and North Eastern Railway Co v Berriman (1946) the court decided that the claims of damages by the widow of the railway worker knocked down and killed by a train should not be satisfied as the statute provided that compensation was available to workers killed when engaging in ‘relaying or repairing’ tracks, while the worker in question was involved in doing routine maintenance, which the court deemed not being within the meaning of ‘relaying or repairing’ (Elliott and Quinn 44). This case may be taken as an example of literal rule in practice. The golden rule was used in interpretation of Section 57 of the Offences Against the Person Act 1861 in R v Allen (1872), when the court ruled that the phrase â€Å"whosoever being married shall marry any other person during the life of former husband or wife... shall be guilty of bigamy† led to the absurd conclusions, as it was impossible for a person already married to ‘marry’ anyone else, and the wording was accordingly changed from ‘shall marry’ to ‘shall go through a marriage ceremony’ (Elliott and Quinn 46) . Finally, the case of L’Office Cherifien des Phosphates Unitramp SA v Yamashita-Shinnihon Steamship Co Ltd (The Boucraa) (1994) demonstrated the application of presumption against retrospective effect in court ruling (Elliott and Quinn 50). This and other cases show how the rules of statutory interpretation are applied in the English case law. 2. The System of Judicial Precedent and the Right of House of Lords not to Be Bound by Its Own Past Decisions The modern English case law grew up out of standardisation of various ‘common laws’ of England undertaken by William the Conqueror in the second half of the 11th

Shakin baby syndrome Essay Example | Topics and Well Written Essays - 1250 words

Shakin baby syndrome - Essay Example Furthermore, the common perpetrators are normally male in 65% to 90% of reported cases. To this end, they are either the mother’s husband or boyfriend (Buttram, 9). Incidentally, whenever a child’s head is continuously shaken back and forth, the head rotates uncontrollably since the neck muscles have not been fully developed; hence there is minimal support for their heads (Buttram, 9). To this end, following the violent and erratic movement, the brain is pitched forwards and backwards within the infants’ skull. This leads to a rupturing of the nerves and blood vessels located all over the brain. The brain tissue is also torn. In addition, bleeding and bruising to the brain occurs when it strikes the inside of the skull (Comer,18). The injury also stands the chance of being aggravated in the case that the shaking episode concludes with impact such as knocking against a crib mattress or wall. This is due to the cumulative forces of acceleration and deceleration whi ch are significantly strong. Following an end to the shaking episode, the resulting swelling in the brain may lead to extreme pressure inside the skull. This consequently causes a compression of the blood vessels that eventually cause widespread injury to delicate structures in the baby’s brain. ... To this end, the severity of the signs and symptoms normally depend on the force and duration of the shaking, the recurrence of the shaking episodes as well as whether impact was involved. In some very violent cases, the victim may end up in shock, suffering from seizures or unconscious upon arriving at the emergency room (Comer, 18). As far as a child who is suffering from less severe shaken syndrome, the signs and symptoms are many. These may include, irritability, lethargy, poor swallowing of food or suckling, seizures, decreased appetite, unequal pupil size, alterations in consciousness, vomiting, inability to track movement or focus the eyes (Palusci, 24).There are physical indicators of a parent knowing if someone shook the baby. These include glassy eyes or rigidity in appearance. Neurological changes normally occur as the brain cells are destroyed and oxygen supply to the brain is depleted. In cases of severity, the baby may suffer from seizures, exhibit difficulty in breathi ng or heart failure. There are long-term and irreversible effects in the event of severe shaken baby syndrome. To this end, survivors of shaken baby syndrome normally exhibit seizure, total or partial blindness, impaired intellect, attention and memory problems, cerebral palsy, learning and speech impairments, developmental delays, as well as hearing loss (Comer,18). As far as diagnosis of Shaken Baby Syndrome is concerned, a majority of cases are reported as â€Å"silent injuries.† This means that most caregivers or parents rarely provide a medical history of any shaking injury or head trauma that affected the baby. Consequently, doctors at times are ignorant of looking for any physical or internal signs. The resulting situation is that babies can end up having multiple injuries that