...Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation of statutes. There are four different rules of interpretation in English law which are the literal rule, the golden rule, the mischief rule and the purposive rule/approach. Each rule take different approaches and some judges prefer to use one rule while other judges prefer another rule. Traditionally, the English courts have taken a literal approach to the interpretation of statutes. The Literal Rule is the cornerstone of this approach. The literal rule requires the courts to give the words of a statute their plain meaning. It is for a court to interpret Parliament’s intention from what it has actually said – not from what it thinks it meant to say. This can produce some surprising results as, in practice, words seldom have a single plain...
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...External Aids to Construction * According to cross there are two categories of the external aids. (1) Informed interpretation (2) Legislative history Informed Interpretation 1 Historical settings of the statutes 2 Dictionaries and other literary sources. * Interpreting considering the all aids 3 Practice to construction 4 Contemporary exposition 5 Other statutes on the same subject ( Ex: consider the Bail Act with the criminal procedure Active ) | Legislative history * The history of the antecedents * Parliamentary materials * Pre –parliamentary materials * Treaties and International conventions Cross explained that plain meaning rule is the practice of the England. (clear meaning) | * It should be given the clear meaning of the statute unless the words are ambiguous and imprecise; that it is to say, as the normal user and understanding of the English language * Cross emphasized that if we can take the plain meaning of the statute; it is not essential to get the assistance of the legislative history. BUT * If there is a unclear and ambiguous meaning ; we...
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...a presentation aid as support material into your public speaking. ➢ To build confidence in Public Speaking through an assignment that draws on speaker’s personal interest in music, literature, or an object of significant meaning in the speaker’s life. Description/Requirements: Each student must choose a favorite song, piece of literature, or object he or she feels (1) has a personally significant message; (2) expresses an idea representative of his or her generation or culture; and (3) explains something that is important and relevant to society. In this speech, the speaker must consider him/herself a “teacher” (an informative speaker sharing information with your audience). A topical organizational pattern is suggested for this speech. OPTION ONE: This option requires you to choose a favorite song. Included in the speech must be: (1) a description of the song (e.g., composer/lyricist, its musicality, a description of the artist); (2) the song’s theme and its relevance to the class and/or society; (3) an oral interpretation of a section from the song; (4) the student's personal reaction to the song (i.e., why you chose it); and (5) an audio or visual portion of the song to be played for the audience as an audio aid to support the verbal message shared. Speakers are required to effectively prepare, organize and deliver a speech advocating WHY this song is important or culturally relevant while successfully employing audio, and perhaps, visual aids and basic oral...
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...Now that the believer has access to the Bible, the problem is not the lack of understanding, but the inability to obey the Word of God. According to Fee and Stuart: “In fact we are convinced that the single most serious problem people have with the Bible is not a lack of understanding but with the fact that they understand many things too well!... the problem is not understanding it, but obeying it.” Today there a more Bible translations than we can keep up with. While revising the third edition of How to Read the Bible for all it’s Worth, Fee and Stuart realized the need for an updated edition because of the prior translation issues. Thus, the authors realized that many things had changed as time evolved in reference to proper Bible interpretation and how to read the Bible in a way that one could receive maximum benefit, and, of course, understanding God’s will for all mankind,...
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...manner) 4. Analyze data (in a manner appropriate to the problem) 5. Draw conclusions (make generalizations based on results of analysis) The Validity of Educational Research Quantitative Research: Internal Validity - the extent to which research results can be accurately interpreted. External Validity - the extent to which research results can be generalized to populations and conditions. Internal validity is generally prerequisite to external validity. Qualitative Research: Truth Value/ Credibility - accurate representation of information from the researcher’s perspective and substantiating evidence) Comparability - the extent to which the characteristics of the research are described so that other researchers may use the results to extend knowledge. Translatability - the extent to which adequate theoretical constructs and research procedures are used so that other researchers can understand the results. ! Validity is always a matter of degree--perfect internal and external validity in a study is almost impossible. The researcher must seek a useful balance between internal validity (ability to interpret results with reasonable certainty) and external validity (ability to generalize information obtained). The Reliability of Educational Research Quantitative Research: Reliability - the...
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...data (in a manner appropriate to the problem) 5. Draw conclusions (make generalizations based on results of analysis) The Validity of Educational Research Quantitative Research: Internal Validity - the extent to which research results can be accurately interpreted. External Validity - the extent to which research results can be generalized to populations and conditions. Internal validity is generally prerequisite to external validity. Qualitative Research: Truth Value/ Credibility - accurate representation of information from the researcher’s perspective and substantiating evidence) Comparability - the extent to which the characteristics of the research are described so that other researchers may use the results to extend knowledge. Translatability - the extent to which adequate theoretical constructs and research procedures are used so that other researchers can understand the results. ( Validity is always a matter of degree--perfect internal and external validity in a study is almost impossible. The researcher must seek a useful balance between internal validity (ability to interpret results with reasonable certainty) and external validity (ability to generalize information obtained). The Reliability of Educational Research Quantitative...
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...The aids to interpretation used by the judiciary, how this may impact upon the sovereignty of parliament This assignment aims to introduce and discuss the aids to interpretation used by the judiciary and how this may impact upon the sovereignty of parliament. The legal system of both England and Wales has a body which includes legislations, common law and other legal norms that are established by parliament, the crown and judiciary. The courts are organised in a hierarchal structure and England has no written constitutions like the US therefore giving parliament power of 'law-makers' especially after they made themselves a supreme body who represent the people of the country, they have unquestionable power (unlike the other law-makers) to add, remove and change legislations without consulting the outsiders. As parliament don't have time to look through all bills passed the following can make 'delegated' (or subordinated) legislations; ministry of crown, privy council, local authority, courts and tribunals. Regulations in Chester v Bateson 1920 shows an example of a delegated legislation being declared void by parliament. The English courts are set in a hierarchal structure with this England developed a doctrine of binding precedent (doctrine of stare decisis Latin for "to stand by decided cases") meaning, when cases are being tried judges are bound by decisions of superior or equal court status within their jurisdiction and they must check for previous similar cases for...
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...Influence of Social Factors on the Course of HIV/AIDS An estimated 34.2 million people are infected with Human Immunodeficiency Virus (HIV) worldwide (http://www.cdc.gov/hiv/basics/statistics.html). Currently there is no cure for HIV or Acquired Immunodeficiency Syndrome (AIDS); however, a combination of medication and good mental health may treat the disease (http://www.niaid.nih.gov/topics/hivaids/understanding/treatment/pages/default.aspx; http://aids.gov/hiv-aids-basics/staying-healthy-with-hiv-aids/taking-care-of-yourself/mental-health/). Most of the individuals who are infected with HIV/AIDS experience depression and an increase in life stressors. However, positive social support and disclosure of HIV/AIDS status decreases stress, leading to better mental health (Hays, Turner, & Coates, 1992; Turner-Cobb et al., 2002). The major at-risk groups for HIV/AIDS are adolescents, gays, bisexuals, injected drug users, and minority women (Taylor & Sirois, 2011). In this paper, the influence of social factors on the course of HIV/AIDS is investigated. It is hypothesized that the influence of social support, such as emotional (receiving emotional comfort), informational (receiving information or advice on personal issues), and practical (counting on others for help) on mental health will mitigate the course and experience of HIV. Five empirical studies are explored in an attempt to demonstrate and support the hypothesis. In a research article by Hay, Turner and...
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...HYUNDAI MOTOR INDIA LTD Hyundai Motor India Limited (HMIL) is a wholly owned subsidiary of Hyundai Motor Company (HMC). HMIL is the largest passenger car exporter and the second largest car manufacturer in India. It currently markets eight passenger car models across segments -- in the A2 segment it has the Eon, Santro, i10 and the i20, in the A3 segment the Accent and the Verna, in the A5 segment Sonata and in the SUV segment the Santa Fe. HMIL's fully integrated state-of-the-art manufacturing plant near Chennai boasts of advanced production, quality and testing capabilities. HMIL forms a critical part of HMC's global export hub, it touched 1.5 million in exports in March 2012. It currently exports to more than 120 countries across EU, Africa, Middle East, Latin America and the Asia Pacific. HMIL has been India's number one exporter for seven years in a row. To cater to rising demand the company commissioned its second plant in February 2008 having an installed capacity of 330,000 units per annum. To support its growth and expansion plans HMIL currently has 346 dealers and around 800 service points across India. In its commitment to provide customers with cutting-edge global technology, HMIL set up a modern multi-million dollar R&D facility in Hyderabad. The R&D centre endeavors to be a center of excellence in automobile engineering. Mission To create exceptional automotive value for our customers by harmoniously blending safety, quality and efficiency...
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...Introduction This report will be based on the following which is the process when making an act of parliament the different stages they have to go through when a new law is being brought out and also the rules of statutory interpretation. For the merit, the methods of law making will be compared and contrasted and also the applying the rules of statutory interpretation. For the final part of this report, the role of the Judiciary in the formulation and interpretation of legal rules. How (most) laws are made * Most new laws passed by Parliament result from proposals made by the government. * Proposals aim to shape society or address specific problems. * Normally, they ‘re created over a period of time An issue or problem emerges on the government's agenda Originally, a government's plan is well-informed by the general election. Politician parties compete for support from British voters by campaigning on their view for the country and how they would make things better for the UK and change things. The political party which wins the election then forms the government, and bases its legislative agenda on its election manifesto. But, where no single political party decisively wins the election - as happened in 2010 - two or more parties may form an alliance government. They might have to negotiate a joint vision and agree on which new laws to champion in the future of the parliament. Once in government, other events and effects also compete for ministers' attention...
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...following findings on CT: o Midline shift o Loss of suprachiasmatic and basilar cisterns o Posterior fossa mass o Loss of the superior cerebellar cistern o Loss of the quadrigeminal plate cistern o Coagulopathy o Brain abscess - Interpretation of results o Lumbar puncture with the removal of 30 to 70 ml of cerebrospinal Fluid o Can be repeated on two or three consecutive days. o Positive sign of normal pressure hydrocephalus result if the number of steps taken in a 10 meter gait test (time needed to walk 10 meter), are reduced by at least 20%, and/or psycho-metric tests show an improvement of at least 10%. o Continuous spinal drainage 25 15 - General explanation o Utilizes an indwelling spinal catheter o This allows continuous drainage of cerebrospinal fluid to reduce the pressure like in: o Brain volume in neurosurgical operations o Traumatic cerebrospinal fluid leak o Hydrocephalus - Indication o Removable of excess cerebrospinal fluid o Cerebralspinal fluid fistula - Contraindications 23 o Infected skin over the needle entry site o Increased intracranial pressure (ICP) o Unequal pressures between the supratentorial and inFratentorial compartments o Suspected spinal epidural abscess o Thrombocytopenia or other bleeding diathesis - Interpretation of results o Drainage of 150 to 200 ml of cerebrolspinal fluid per day For 2 to 7 days 2 o Positive sign of normal pressure hydrocephalus result if the number of steps taken in a 10 meter gait test (time needed to walk 10 meter), are...
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...studied certain characteristics of the hand and handedness and derived a practical method of the hand interpretation based on the studied characteristic. o The Hand in Psychological Diagnosis (1951) considers the significance of endocrinological dysfunction, its psychological effects and chirological manifestations & outlines how and why the hand reflects temperament and personality. • The first empirical research was a report by Carmichael, Roberts and Wessell (1937) which showed that , to some degree, emotions can be encoded in and decoded from dynamic body movements, gait, and manual gestures. • The Hand Test was originated by E. Wagner in 1958 and was primarily used to differentiate normal from schizophrenic. • In 1962, Bricklin Protowski and Wagner published a monograph with an initial rationale and scoring for the Hand Test. THEORETICAL FRAMEWORK • Hand Test was developed to meet the general criteria for a projective test and also to be easily classified for empirical examination • Edwin Wagner sought to develop a test that could be used to directly predict behavior. “Individuals could judge emotions from both hand positions and facial expressions.” • Hand Test is rooted in the assumption that important action tendencies would be projected into pictures of hands since hands are vital to interacting with the external world. • It was further assumed...
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...theoretical accounts of knowledge processes must be carefully analysed and critiqued. The fundamental base of this arguement relies on cognitive understanding, in which the mind plays a key role in knowledge acquisition, contemplation and retention. The arguement will be to explore the most valid line of reasoning in how knowledge of the representing world is conceptualised into abstract cognitive ideas. References made to key research with in-depth analysis will create understanding into how the cognitive paradigm views knowledge representation. Analogical and propositional representations of knowledge have been derived from many theoretical viewpoints. Analogical representations of knowledge are physical and geometric interpretations of objects. Internally stored information is analogous to the representing world. Each element of the analogous object is represented as one. These analogies are generic generalisations and are flexible enough to attach relationships between objects i.e. loose combination...
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...1. Describe the three components of and attitude and explain the four job-related attitudes. Cognitive: Our thoughts, beliefs, and ideas about something. When a human being is the object of an attitude, the cognitive component is frequently a stereotype. Affective: Feelings or emotions that something evokes. The person's emotions and affect towards the object. Behavioral: This component of attitude consists of a tendency of an individual to behave in a particular way towards and object. Only this component of attitude is visible as the other two can only be inferred. The behavioral component refers to that part of attitude which reflects the intension of a person in short run or in long run. •Employee Productivity: A performance measure of both efficiency and effectiveness Absenteeism: The failure to report to work when expected Turnover: The voluntary and involuntary permanent withdrawal from an organization Organizational Citizenship Behavior: Discretionary behavior that is not a part of an employee’s formal job requirements, but which promotes the effective functioning of the organization. Job Satisfaction: The individual’s general attitude toward his or her job 2. Explain how an understanding of perception can help managers better understand individual behavior. Name three shortcuts used in judging others. Our perceptions in the workplace are biased by our experience, the culture, our education, and socialization. We tend to make assumptions and act on our...
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...CHAPTER 8 HEALTH SERVICE DELIVERY MODULE 8.1 Overview This chapter presents the health delivery module of the assessment. Section 8.1 defines health service delivery and its key components. Section 8.2 provides guidelines on preparing a profile of health service delivery for the country of interest, including instructions on how to customize the profile for country-specific aspects of the health delivery process. Section 8.3 presents the indicator-based assessment, including detailed descriptions of the indicators. Section 8.4 discusses how to summarize the findings and develop recommendations. 8.1.1 What Is Health Service Delivery? The World Health Organization (WHO) defines service delivery as the way inputs are combined to allow the delivery of a series of interventions or health actions (WHO 2001b). As noted in the World Health Report 2000, “the service provision function [of the health system] is the most familiar; the entire health system is often identified with just service delivery.” The report states that service provision, or service delivery is the chief function the health system needs to perform (WHO 2000). As such, Figure 8.1 (see also Chapter 1, Figure 1.1) shows the relationship between service delivery and the other modules of this health systems assessment and their relationship with health system objectives. Because of the limited time to conduct this assessment, more emphasis will be placed on personal health (as opposed to public health) services and service...
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