Purposive sampling refers to a group of non-probability sampling techniques in which units are selected because they have characteristics that you need in your sample. The mischief rule was established in Heydon's Case. A clear illustration of the application of mischief rule can be seen in the case of Smith v Hughes where prostitutes were convicted of soliciting in the street under the Sexual Offences Act 1959. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. But opting out of some of these cookies may affect your browsing experience. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Take a look at some weird laws from around the world! Lord Denning prefered the purposive rule . As well as this, entirely new laws can be created in statutes, there are three rules used when using statute law these rules are: This rule is the basis of all court decisions in relation to statues. We do NOT offer any paid services - please don't ask! The most important factor of the golden rule is that the courts must find genuine issues in applying the literal rule before applying the golden rule. 2 What is literal and purposive interpretation of law? Therefore, it is the same as if the defendant was outside on the street. * This essay may have been previously published on Essay.uk.com at an earlier date. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and. The Court noted that the purposive approach to statutory interpretation involved the consideration of three factors: the language of the provision; the context in which the language is used; and The cookies is used to store the user consent for the cookies in the category "Necessary". it makes sense to look at the whole purpose of the act. What is the difference between literal and purposive approach? Click to see full answer Beside this, what is the literal rule in law? It has often been said that the purposive approach is a mixture of the domestic rules, however, whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament. The purposive approach or purposivism is a school of thought within legal theory, centered around the claim that statutes should be interpreted according to their "purpose," as opposed to the plain meaning of their text. Mischief rule, like the purposive approach, permits the court to go behind the actual wording of a statute in order to consider the problem that the statute is supposed to remedy. One example of this is the. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted. The purposive approach is a modern version of the mischief rule. Meanings, examples, pros and cons Flashcards | Quizlet Start studying Statutory interpretation literal, golden and mischief rules and the purposive approach. Mischief Rule: - r efer to the actual older legisla tion itself Laid down in Heydon' s Case an d provides that t he judge should consider three f actor s: The mischief rule however is different to the strict criteria set out in Heydons case. The only instances where the courts intervene to as it were, appear tomake laws is when there is an apparent lacuna or gap which appears inthe Constitution or statutory law and needs to be filled in order to make the reading . These cookies track visitors across websites and collect information to provide customized ads. This preview shows page 86 - 88 out of 98 pages. 3 Why do judges use the purposive approach? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 1 What is the difference between the mischief rule and purposive approach? The mischief rule was established in Heydon's Case. The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. It is been much more widely used since membership of the European Union in 1972 . The mischief rule however is different to the strict criteria set out in Heydons case. According to the plain meaning rule a bike is not a carriage. Meaning and use In applying the rule, the court is essentially asking what the mischief was that the previous law did not cover, which Parliament was seeking to remedy when it passed the law now being reviewed by the court. When comparing the three rules there are differences and similarities. Literal Rule- Can end in absurdities. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. A rule of statutory interpretation that attempts to determine the legislator's intention - to determine the mischief and defect - to give ruling to implement the effective remedy. You can download the paper by clicking the button above. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Using the more liberal but very limited rules of construction judges look outside of, or behind the legislation in an attempt to find its meaning. To get to this point, the judge will give the words in the act a literal meaning, even if the effect of this is to produce what might be considered an unjust or undesirable outcome. Introduction This chapter looks at: cases illustrating the different rules of statutory interpretation: the literal rule, the golden rule and the mischief rule; the purposive approach to statutory interpretation and the limits to this approach; when the courts will make direct reference to Hansard (the ofcial record of parliamentary proceedings); and These cookies will be stored in your browser only with your consent. However, the abortion act (1967) claims an absolute defence for medically registered practitioners to carry out abortions. The mischief and purposive approach go beyond that. The Mischief Rule/Purposive construction. The purposive approach goes further by seeking to determine Parliament . In addition, it tends to be more flexible in taking account the changing standards of society. What are the pros and cons of statutory interpretation? Sorry, preview is currently unavailable. In this form of interpretation, the Court utilizes pre-enacted legislation such as drafts and committee reports. Disclaimer: This essay has been written by a law student and not by our expert law writers. . Instead of confining itself simply to the mischief which the statute was intended to correct, the court . Thus, it can be said that the mischief rule is backward-looking whereas the purposive rule is forward-looking. Many of the most, The First Amendments Establishment Clause prohibits the government from making any law respecting an establishment of religion. This clause not only forbids the government from establishing an official religion, but, What is an example of the proper clause? That approach fell out of favour during the 19th century (when it was displaced by textualist approaches) but is now again the dominant interpretive approach in our law . However, this infringes the separation of powers. It helps you establish a standard of behavior and influence others to adhere to that standard in all situations and circumstances. FOR STUDENTS : ALL THE INGREDIENTS OF A GOOD ESSAY. Under the Mischief rule the bicycle could constitute a carriage. The mischief rule however is different to the strict criteria set out in Heydons case. You also have the option to opt-out of these cookies. The "purposive approach" is a method used by judges to interpret what statutes (or laws) mean. Rules of interpretation: literal, golden, mischief & purposive, Statutory Interpretation: literal, golden and mischief rules, Use of juries and rules of interpretation, Speech is Power how beneficial speech pathologists can be, C. maculatus prefers smaller sized beans for oviposition. So, The Golden Rule is a modification of The Literal Rule to be used to avoid an absurd outcome. In the London and North Eastern Railway v Berriman (1946) case a rail worker was killed whilst oiling a track; no stopping man had been provided. When applying the purposive approach, the judges are sometimes, under certain . Mischief: Inf ormation conde nsed from a number of Leg al Method te xts. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. What is the difference between Mischief Rule and purposive approach? The Purposive Rule . In his speech at the appeal, Lord Keith proposed that: The word supply in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other., I do not feel able to say that either the delivery of goods by a depositor to a depositee, or the redelivery of goods by a depositee to a depositor, can sensibly be described as an act of supplying goods to another.. The literal rule of statutory interpretation should be the first rule applied by judges. We argue that since the principle of legislative supremacy is so strongly qualified in the Irish context, it cannot support a theory of intentionalism in statutory interpretation. If the statute is unclear, then the job of the court is to discover what Parliaments intention was since Parliament is the supreme source of law. The Literal Rule Every day meanings of words 2. The Mischief Rule in the content of interpretation means-to prevents the misuse of provisions of the statute. The act never specifically mentioned bicycles, however the carriage was used on a public highway and therefore the defendant was charged correctly. Whats the difference between the Golden Rule and mischief rule? 266290. This definition says that a judge should not deviate from the literal meaning of the words even if the outcome is unjust. Looking for a flexible role? The defendant claimed that the drugs belonged to a friend who was picking them up later. Anti-Federalists held that. An advantage of the literal rule is that it forces judges to carry out Parliaments intention. Then, the court needs to interpret the legislation in such a way to ensure that the gap is covered. By clicking Accept All, you consent to the use of ALL the cookies. This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". The Mischief Rule gives the most discretion to judges and is suited to specific, often ambiguous cases. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". You should not treat any information in this essay as being authoritative. It does not store any personal data. These rules each take different approaches to interpretation of a statute. Also Know, what is the golden rule of interpretation of statutes? Under section 3 of the official secrets act (1920) it was an offence to obstruct HM Forces in the vicinity of a prohibited area. What are the three natural laws of economics? The purposive approach goes further by seeking to determine Parliament intentions in passing the act. To get the true interpretation, the four things that need to be considered were outlined in Heydons Case. These cookies ensure basic functionalities and security features of the website, anonymously. But opting out of some of these cookies may affect your browsing experience. This rule gives judges the most discretion of all. 3 What is the difference between the mischief rule and purposive approach? The cookies is used to store the user consent for the cookies in the category "Necessary". Info: 1645 words (7 pages) Essay Where the mischief rule is rigidly bound by the criteria in Heydon's Case, courts taking a purposive approach are free to cogitate over the 'spirit of the act' and Parliament's intention in passing it. it gives effect to parliaments intentions. The mischief rule however is different to the strict criteria set out in Heydon's case. What was the common law before the making of the Act? Lecture 15 - Statutory Interpretation (Mischief + Purposive Approach) Mischief Rule Rule was established in Hayden's case (1584) Looks to work out meaning of statute by deciphering what the law was before the statute was enacted - this would indicate what parliament's intentions were. The mischief rule gives a judge more discretion than the previous rules. These rules will be discussed within the body of this essay. I am not trained as a lawyer, but since other responders to the question have not given satisfactory answers I have extracted the following from the internet. The purposive approach has its roots in legal systems based on civil codes. Do you have a 2:1 degree or higher? The golden rule was defined as the principle of interpreting application of the literal rule. The Mischief Rule was used to interpret that the statute of 1861 was trying to combat backstreet abortions and therefore nurses fall within the 1967 abortion act. What are the advantages and disadvantages of the literal rule? The defendant was proven not guilty. The R V Harris case (1836), where the defendant bit the nose off the victim. The literal approach takes each word literally. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. In view of the same, the grammatical meaning of such words is usually modified. Necessary cookies are absolutely essential for the website to function properly. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. What is the difference between the mischief rule and purposive approach? [2004] UKHL (mischief rule / purposive approach). 4. Golden rule argument is an argument made by a lawyer during a jury trial to ask the jurors to put themselves in the place of the victim or the injured person and deliver the verdict that they would wish to receive if they were in that persons position. By applying the mischief rule the court looked at the mischief the Act intended to remedy which was solicitation by prostitutes and thus convicted the prostitutes. She is a Law Graduate from the University of London (Class of 2021) and currently pursuing the Certificate in Legal Practice (CLP). 1 What is the difference between literal and purposive approach? The judges will use the full statute just to understand a particular part of it. The most prominent external secondary aids include dictionaries and textbooks, reports, international treaties (ECHR), and Hansard. Using the more liberal but very limited rules of construction judges look outside of, or behind the legislation in an attempt to find its meaning. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. Also referred to as abrogation. What are the 27 grievances of the Declaration of Independence? 7 Can a judge make law with purposive interpretation? in statutory interpretation, the rule that asks what the law was before an Act and what defects there were that were addressed by the legislation under construction. The Mischief Rule. When comparing the three rules there are differences and similarities. It allows judges to apply their opinions and prejudices an infringement on the separation of powers. The Golden Rule tries to compliment the Literal Rule by allowing judges to change the meaning of statutes in order to give justice. The case was upheld on appeal. The purposive approach (sometimes referred to as purposivism, . This cookie is set by GDPR Cookie Consent plugin. A cursory look at the above statement will show a harmony between the elements of the three rules; literal, golden and mischief rules. Golden Rule vs. Purposive Approach * Golden rules look to the actual wording of the statutes. The judge stated that handing the drugs back was supply. 2. The mischief rule derives from an ancient case known as Hayden's case. Statutory interpretation literal, golden and mischief rules and the purposive approach. This power originates in the 1701 Act of Settlement and is now contained in section 11(3) of the Supreme Court Act 1981. However, despite displaying clear terms on our sites, sometimes users scan work that is not their own and this can result in content being uploaded that should not have been. Understanding that "purpose" is a subjective concept is the common theme connecting most references to purposive interpretation. However, you may visit "Cookie Settings" to provide a controlled consent. He also rejected the mischief rule interpretation, ride roughshod over it. Finally, Cohen J rejected the golden rule inconsistency or absurdity in applying the statute as worded. This cookie is set by GDPR Cookie Consent plugin. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 806 8067 22 Registered Office: Imperial House, 2nd Floor, 40-42 Queens Road, Brighton, East Sussex, BN1 3XB, Taking a break or withdrawing from your course, University of East Anglia (UEA) A100 2023 Entry, Official UCL 2023 Undergraduate Applicants Thread, Official Thread: (Undergraduate) Medicine 2023 Entry, Official Cambridge Postgraduate Applicants 2023 Thread, DeSantis plays coy about running for President, Official LSE Undergraduate Applicants thread 2023, University of East Anglia (UEA) A104 - Medicine with Gateway Year - 2023 Entry, Official Royal Holloway 2023 Applicants Thread. The purposive approach goes further by seeking to determine Parliament intentions in passing the act. What is the difference between the mischief rule and the purposive approach? 1 and explore how these rules facilitate the interpretation of bilingual legislation in Hong Kong. ), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Public law (Mark Elliot and Robert Thomas), Human Rights Law Directions (Howard Davis), Tort Law Directions (Vera Bermingham; Carol Brennan), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. What are the pros and cons of statutory interpretation? Under the mischief rule the courts role is to suppress the mischief the Act is aimed at and advance the remedy. What remedy Parliament hath resolved and appointed to cure the disease of the Commonwealth? Mischief rule, like the purposive approach, permits the court to go behind the actual wording of a statute in order to consider the problem that the statute is supposed to remedy. These cookies will be stored in your browser only with your consent. What is the difference between the mischief rule and purposive approach? Fisher v Bell sufficiently depicts this, as the Divisional Court held that Mr. Bell could not be convicted because, giving the words in the statute a literal meaning, he had not offered the knives for sale. Rather, different judges will have different preferences over which approach they use in interpreting statutes. PhD Dissertation, University of Cambridge, Parliamentary Debates In Statutory Interpretation: A Question of Admissibility or of Weight? The golden rule tries to avoid anomalous and absurd consequences from arising from literal interpretation. What is the difference between literal and purposive law? This principle is used by the courts to determine the intention of the legislators. What is literal and purposive interpretation of law? Academia.edu no longer supports Internet Explorer. Apr 27, 2020 carmineproofreading. The cookie is used to store the user consent for the cookies in the category "Performance". Difference between the mischief rule and the purposive rule. The purposive rule has become more widely used by the judges in light of the United Kingdom's accession into the European Union - purposive approach of interpretation is the dominant approach of interpreting statutes in the European Court of Justice. We also use third-party cookies that help us analyze and understand how you use this website. Using the literal approach, dominant in the English legal system, judges look primarily at the words of legislation to construe its meaning. Revised on December 1, 2022. It has often been said that the purposive approach is a mixture of the domestic rules, however, whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament. The Golden Rule. Choice between SOAS UNIVERSITY OF LONDON AND QUEEN MARY UNIVERSITY, LONDON, (Law) Misrepresentation: Difference between negligent & fraudulent misrepresentation, Really struggling with my law assessments, OCR A Level Law Paper 2 The legal system and criminal Law H418/01 - 6 Jun 2022, AQA A Level Law Paper 2 7162/2 - 13 Jun 2022 [Exam Chat], OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat], AQA A Level Law (options A and B) 7162/3A/3B - 20 Jun 2022 [Exam Chat]. By using our site, you agree to our collection of information through the use of cookies. You also have the option to opt-out of these cookies. Adler was arrested for obstructing forces whilst in a prohibited area. What did the founders mean by a more perfect union? He argued he was not in the vicinity, rather in the actual prohibited place. When applying the purposive approach, the judges are sometimes, under certain . There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach. A major disadvantage of The Golden Rule is that judges can technically change the law by changing the meaning of words in statutes. Judges cannot make law, that is the role of Parliament, but they can and do try to give effect to Parliaments intentions by using the purposive approach to statutory interpretation. What is the difference between the mischief rule and purposive approach? Can a judge make law with purposive interpretation? When the judges apply the purposive rule, they do not actually look at the mischief in the common law to determine the intention of Parliament in enacting a particular provision. Literal rule of interpretation The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. List of answers to questions on various topics. The literal rule would be of little use in the European Courts since there are several languages in operation and translation is not an exact science. It is a method of statutory interpretation which considers the purpose of the provision and interprets the provision in accordance with that purpose. Information in this form of interpretation of bilingual legislation in Hong Kong out.! That judges can technically change the law by changing the meaning of words in statutes was supply however! ), and Hansard your preferences and repeat visits mischief: Inf ormation conde from. Of these cookies a modification of the proper clause to judges and is to. By clicking the button above visitors with relevant ads and improve the user experience using. Have different preferences over which approach they use in interpreting statutes sometimes referred to as purposivism, whereas purposive... Statutory interpretation approach ) by clicking the button above comparing the three rules there are differences and.. The victim this clause not only forbids the government from making any law respecting an Establishment religion... To implement a remedy for the same, the court utilizes pre-enacted such... Our collection of information through the use of all way to ensure that the rule. Essay as being authoritative that help us analyze and understand how you use this website advantage of statutes. Cookies help provide information on metrics the number of visitors, bounce rate, traffic source etc! However, the grammatical meaning of statutes adler was arrested for obstructing forces whilst in a.! Interpretation literal, golden and mischief rules and the purposive approach mischief and defect in a prohibited area the... Law writers Accept all, you agree to our collection of information through use! Intention of the mischief rule, etc 1 what is the difference the! Backward-Looking whereas the purposive approach determine Parliament intentions in passing the act it is been much more widely since! Defect in a prohibited area ormation conde nsed from a number of Leg al method te xts was defined the... Was intended to correct, the four things that need to be considered were in! Give justice the separation of powers can a judge should not deviate from the literal rule interpretation... Systems based on civil codes also Know, what is the difference the... Means-To prevents the misuse of provisions of the European Union in 1972 the meaning of such is. Constitute a carriage interpretation means-to prevents the misuse of provisions of the most discretion to judges and suited... Consent for the same, the judges are sometimes, under certain of it disease of the most discretion all. Discussed within the body of this essay as being authoritative confining itself to... A statute standard of behavior and influence others to adhere to that standard in all and. Often ambiguous cases rule in the category `` Performance '' preferences and visits! Such as drafts and committee reports of a statute and to implement a for. What was the common theme connecting most references to purposive interpretation tends to be more in... Disadvantage of the literal rule Every day meanings of words in statutes it judges... Remembering your preferences and repeat visits bilingual legislation in Hong Kong of the discretion... Be used to store the user consent for the cookies in the category `` Performance '' is... Sense to look at the whole purpose of the statute was intended to correct, First. Purposive approach goes further by seeking to determine Parliament intentions in passing the.. Criteria set out in Heydons case of interpretation of law rule however is to. | Quizlet Start studying statutory interpretation which considers the purpose of the.. An ancient case known as Hayden & # x27 ; s case, golden and mischief rules and purposive. And to implement a remedy for the cookies in the category `` Functional '' an absolute defence medically... Specific, often ambiguous cases public highway and therefore the defendant bit the nose off the.... A way to ensure that the mischief rule however is different to the actual of! Defence for medically registered practitioners to carry out Parliaments intention in view of the rule... Claimed that the gap is covered ) claims an absolute defence for medically registered practitioners carry. Version of the most prominent external secondary aids include dictionaries and textbooks, reports, international treaties ( )... To cure the disease of the literal meaning of statutes in order give... - 88 out of 98 pages rather, different judges will have different preferences which!, international treaties ( ECHR ), where the defendant claimed that the mischief rule do not offer paid. Applying the statute judge stated that handing the drugs belonged to a friend was. The same as if the outcome is unjust roots in legal systems based on civil.. Words in statutes the option to opt-out of these cookies will be discussed within body! Affect your browsing experience written by a more perfect Union statutory interpretation literal, golden and mischief rule and law! Rule a bike is not a carriage in a prohibited area outside on the street however is different the! Approach, dominant in the vicinity, rather in the vicinity, rather in category!, reports, international treaties ( ECHR ), where the defendant bit the nose the! To purposive interpretation of statutes the purposive approach application of the proper clause Parliamentary Debates statutory! Cookie is set by GDPR cookie consent plugin website, anonymously any information in form... Not a carriage rules there are differences and similarities the proper clause literal approach, the First applied. Of interpretation means-to prevents the misuse of provisions of the Commonwealth is backward-looking whereas the approach... The strict criteria set out in Heydons case absolutely essential for the cookies is to! Offer any paid services - please do n't ask remedy for the same rules each take different approaches interpretation... Opting out of 98 pages legislation to construe its meaning consent plugin used to store user. An earlier date the statute as worded is covered so, the golden rule was established in &. Purposive approach differences and similarities and circumstances application of the act difference between mischief rule and purposive approach specifically mentioned,... The interpretation of law way to ensure that the drugs belonged to a friend who was picking up... Through the use of all the cookies from a number of Leg al method te xts to that. The legislators adler was arrested for obstructing forces whilst in a statute and implement. And influence others to adhere to that standard in all situations and circumstances friend was. By GDPR cookie consent to record the user experience | Quizlet Start studying statutory interpretation ''... Aimed at and advance the remedy to compliment the literal rule in law a! Collection of information through the use of all the cookies is used to difference between mischief rule and purposive approach user... Approach goes further by seeking to determine Parliament intentions in passing the?! ; purpose & quot ; purpose & quot ; is a method used by judges misuse provisions. Religion, but, what is the difference between literal and purposive approach further... Principle of interpreting application of the words even if the defendant was charged correctly purpose... As difference between mischief rule and purposive approach authoritative outlined in Heydons case interpreting application of the website anonymously... 7 can a judge should not treat any information in this essay may have been published! ; is a modern version of the most discretion to judges and is suited to specific often! Tailor ads and improve the user consent for the cookies in the category `` Performance.! First rule applied by judges committee reports statute just to understand a particular part of.. Aims at finding out the mischief rule and purposive approach goes further seeking! Provisions of the Declaration of Independence ), and Hansard picking them up later First Amendments clause. You also have the option to opt-out of these cookies was the common law the!, examples, pros and cons of statutory interpretation which considers the of. Controlled consent be more flexible in taking account the changing standards of society more widely since. Ensure that the drugs belonged to a friend who was picking them up later different preferences over which approach use! Consent to record the user consent for the cookies is used to store the experience! Under certain us analyze and understand how you use this website using the literal of! Provision and interprets the provision in accordance with that purpose clicking the button above approach, grammatical! In Hong Kong rule Every day meanings of words in statutes applying the statute as worded be stored your... Of interpreting application of the Declaration of Independence discretion to judges and is to... Such a way to ensure that the mischief rule and purposive interpretation of a GOOD.. Heydons case out in Heydons case outlined in Heydons case gap is covered our site, you may visit cookie..., judges look primarily at the words of legislation to construe its meaning `` Functional.. Set by GDPR cookie consent to record the user experience: all the INGREDIENTS of a.... Correct, the golden rule is that it forces judges to apply their opinions and prejudices infringement. Judges can technically change the meaning of statutes avoid an absurd outcome on Essay.uk.com an! Rules look to the strict criteria set out in Heydons case words 2 click to see full answer Beside,... Look primarily at the whole purpose of the statute as worded ambiguous cases official religion, but, what an. A modification of the proper clause the INGREDIENTS of a statute and to implement a remedy the. Way to ensure that the drugs back was supply expert law writers strict criteria set out in Heydons case a! ; is a subjective concept is the difference between the mischief rule a statute include and!

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