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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - Heydon's case, rule in
The law is a jealous mistress, and requires a long and constant courtship.
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Definition of Heydon's case, rule in
Heydon's case, rule in, also known as the mischief rule, is a doctrine used in statutory construction. It states that a statute should be interpreted by first identifying the problem or "mischief" that the statute was designed to remedy. Then, a construction should be adopted that will suppress the problem and advance the remedy.
For example, let's say there is a statute that prohibits the sale of alcohol to minors. If a court is interpreting this statute using the mischief rule, they would first identify the problem or mischief that the statute was designed to remedy, which is the harm caused by minors consuming alcohol. The court would then adopt a construction that would suppress this problem and advance the remedy, such as interpreting the statute to include not only the sale of alcohol but also the provision of alcohol to minors.
The mischief rule is one of several approaches used in statutory construction, including the golden rule, plain-meaning rule, and equity-of-the-statute rule.
Injustice anywhere is a threat to justice everywhere.
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Simple Definition
Heydon's case, rule in: This is a way of understanding what a law means. It says that we should look at the problem the law was made to solve, and then use the law to fix that problem. This helps us make sure we are using the law in the way it was meant to be used. It is also called the "mischief rule" or "purpose approach".
You win some, you lose some, and some you just bill by the hour.
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