Legal Rules and Their Interpretation

This article discusses the jurisprudential processes, private member's bill, primary and secondary legislation, literal rule, and TMA preparation. It explains the principles of judicial precedent, considering and distinguishing, and the process of introducing private member's bills. It also discusses the differences between primary and secondary legislation and the positive and negative sides of statutory interpretation. Finally, it provides tips for preparing a TMA.

Running head: LAW
Question & Answer
Name of the Student
Name of the University
Author Note

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Table of Contents
Answer to question 1 (a)..................................................................................................................2
Answer to question 1 (b)..................................................................................................................2
Answer to question 2 (a)..................................................................................................................3
Answer to question 2 (b)..................................................................................................................3
Answer to question 3:......................................................................................................................4
Answer to question 4:......................................................................................................................5
Reference:........................................................................................................................................6

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Answer to question 1 (a) [word 117]
There are certain jurisprudential processes by which the judges are presiding over a court.
In case of judicial precedent, the judges, while deciding a case take the help of previously
decided court that were of similar in nature. The principle of judicial precedent was based on the
doctrine of stare decisis. According to this principle, the lower courts are obliged to abide by the
rules set out by the higher courts regarding same case. It helps to provide uniformity and
expectedness in law. In case of judicial precedent, the decision of the court is taken as an
authority, as certain legal principles are embodied in them. The judicial precedent is considered
as source of law (CHAN 2015).
Answer to question 1 (b) [word 163]
The word considering and distinguishing are the two legal norms that are applied on
several circumstances. The word considered literally means to think about a matter carefully.
The carefulness is required to be taken to take certain action regarding any matter (Pinker 2015).
In the legal interpretation, the term consider has been used to carefully analyze the matter before
taking any action or to take into account all the possible aspects and approaches regarding the
case.
On the other hand, the word distinguish is used in case of judicial precedents. According
to the law, when the subject matter of two cases are same, the lower court can base their
judgment on the previous decision made by the superior court. However, an exception has been
made by distinguishing principle. According to the principle, the court is not allowed to take all

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the legal reasoning of the previously decided case. This principle has been applied in case of
Balfour v Balfour and Merritt v Merritt.
Answer to question 2 (a) [word 207]
The term private member’s bill denotes those bills that are introduced by a legislator who
is not acting on behalf of the executive branch. In simple words, those members of the
parliament who are not the ministers introduce the term private member’s bills. Under the
parliamentary system of United Kingdom, either House of Commons or House of Lords can
introduce private member’s bills and in both the cases; the designation of the members should
not be fall under the definition of minister (Tatalovich 2015). The system of private member’s
bill is common under the Westminster system. There are certain governments supporting parties
or opposition parties who are not the members of the parliament. When they are introducing a
bill, it becomes known as private member’s bill.
Private member’s bill can be introduced in three ways such as ballot, ten-minute rule and
presentation. Under the ballot system, name of the members are drawn from the ballot and who
becomes successful in this case get parliamentary time for their bill. The government supporting
parties are introduce their bills by Ten Minute Rule. In case where any member of the parliament
has made an indication regarding the introduction of a bill, they can do it under the process of
presentation.
Answer to question 2 (b) [word 77]
 Primary legislation consists of statutes and secondary legislation consists of
legally enforceable rules and process of implementation regarding the same;

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 Primary legislations are the Acts of Parliament and secondary legislations are
delegated regulations made by the executive authority (Barkan, Bintliff,and
Whisner 2015).
 In case of primary legislation, the order in council is made by the Royal
Prerogative (Greenberg 2018). In secondary legislation, the order in council is
used to set out the enabling Act.
Answer to question 3: [word 272]
A law is consisting of several rules and therefore, it can be stated that the rules are
playing important role to this effect. The term literal rule denotes certain statutory constructions
that are required to be interpreted, otherwise that denotes other meanings (MacCormick and
Summers 2016). According to the rule, any legal term can be explained in plain and simple
meaning, unless any contrary situation arises. In the case of R v Harris (1836) 7 C & P 446, it
has been observed by the court that stab cut or wound is required an instrument for the
commission and biting does not fall under the category of the same. Therefore, if a person held
liable for the biting, his conduct will not fall under the category of cut or stab. In the case of
Fisher v Bell [1961] 1 QB 394 it has been interpreted by court that displaying a weapon does not
mean that the article is for sale.
There are certain positive and negative sides of statutory interpretation. One of the
features of this statutory interpretation of law is that the legal terms are definite and obvious. The
terms are predictable in nature (Cromwell, Anstis and Touchie 2017). Therefore, it becomes easy
for the common people to understand the advance of the legal consequences.

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The negative side of the literal rules are that the language of the rules are quite strict in
nature and it has been observed in DPP v Ottewell that the indistinctness of the English language
is quite difficult for the common people and therefore, various problems have to be faced by the
people regarding the same.
Answer to question 4: [word 183]
One of the most applicable rules for preparing a TMA (Tutor-marked Assignment) is
based on the ideology of Alexander Dumas that states “one for all and all for one”. A team
prepares TMA and the efforts of the team should not be underestimated. The number of the cases
is required to be determined and used cases should be reviewed. The quality of the assurance is
important in this case and this is one of the most difficult situations in the preparation of TMA.
The notions of each member of the team should be determined and similar to the case studies
that are included under the TMA. Further difficulties have been cropped up during the
development of effective legal writing skill. In TMA, the spelling should be corrected and
special cautions are required in case of punctuation (Smith 2016).
The TMA should be planned categorically. It is important to make all the relevant
researches regarding the articles and the structure of the essay should be compiled
chronologically. I will proofread the facts and cases included in the TMA many times before
submitting the same.

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Reference:
Barkan, S.M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.
CHAN, G.K.Y., 2015. The Doctrine of Judicial Precedent and Case Method and Analysis.
Cromwell, T.A., Anstis, S. and Touchie, T., 2017. Revisiting the Role of Presumptions of
Legislative Intent in Statutory Interpretation. Can. B. Rev., 95, p.297.
Greenberg, D., 2018. Standards of Drafting of Primary Legislation in the United Kingdom.
MacCormick, D.N. and Summers, R.S., 2016. Interpreting statutes: a comparative study.
Routledge.
Pinker, S., 2015. Words and rules: The ingredients of language. Basic Books.
Smith, C., 2016. An investigation into the impact of peer-and self-marking in a first year
biochemistry module.
Tatalovich, R., 2015. The Politics of Abortion in the United States and Canada: A Comparative
Study: A Comparative Study. Routledge.