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In jurisprudence, surplusage is language within a document that has no legal relevance to a cause, and may thus be ignored. [1]
Another use of the term is in statutory interpretation. Where one reading of a statute would make one or more parts of the statute redundant and another reading would avoid the redundancy, the other reading is preferred. [2]
The Constitution of Canada is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples, uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world.
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In the United States, a government agency is permitted by the Congress to create under federal regulations its own statute of limitations.
The Statute of Anne, also known as the Copyright Act 1710, is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties.
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading in public schools in the United States was unconstitutional.
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
The Statute of Westminster Adoption Act 1942 is an Act of the Australian Parliament that formally adopted sections 2–6 of the Statute of Westminster 1931, an Act of the Parliament of the United Kingdom enabling the total legislative independence of the various self-governing Dominions of the British Empire. With its passage, Westminster relinquished nearly all of its authority to legislate for the Dominions, effectively making them de jure sovereign nations.
The Ecclesiastical Licences Act 1533, also known as the Act Concerning Peter's Pence and Dispensations, is an Act of the Parliament of England. It was passed by the English Reformation Parliament in the early part of 1534 and outlawed the payment of Peter's Pence and other payments to Rome. The Act remained partly in force in Great Britain at the end of 2010. It is under section III of this Act, that the Archbishop of Canterbury can award a Lambeth degree as an academic degree.
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
An abridgement is a condensing or reduction of a book or other creative work into a shorter form while maintaining the unity of the source. The abridgement can be true to the original work in terms of mood and tone, capturing the parts the abridging author perceives to be most important; it could be a complete parody of the original or it could fall anywhere in between, generally capturing the tone and message of the original author but falling short in some manner or subtly twisting their words and message to favor a different interpretation or agenda.
A severance package is pay and benefits that employees may be entitled to receive when they leave employment at a company unwillfully. In addition to their remaining regular pay, it may include some of the following:
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom.
A single point of failure (SPOF) is a part of a system that, if it fails, will stop the entire system from working. SPOFs are undesirable in any system with a goal of high availability or reliability, be it a business practice, software application, or other industrial system.
Lesney Products & Co v Nolan [1976] EWCA Civ 8 is a UK labour law case concerning redundancy.
Section 3 of the Human Rights Act 1998 is a provision of the Human Rights Act 1998 that enables the Act to take effect in the United Kingdom. The section requires courts to interpret both primary and subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights, which are also part of the Human Rights Act 1998. This interpretation goes far beyond normal statutory interpretation, and includes past and future legislation, therefore preventing the Human Rights act from being impliedly repealed by subsequent contradictory legislation.
Safeway Stores plc v Burrell [1997] ICR 523 is a UK labour law case, concerning redundancy.
Thomas Wragg & Sons Ltd v Wood [1976] ICR 313 is a UK labour law case, concerning redundancy.
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