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Simple English definitions for legal terms

purpose approach

Read a random definition: JPML

A quick definition of purpose approach:

The purpose approach is a way of understanding laws. It means that when we read a law, we should try to figure out what problem the law was made to solve. Then, we should interpret the law in a way that helps solve that problem. This is called the mischief rule or the rule in Heydon's Case. It is different from other ways of understanding laws, like the plain-meaning rule or the equity-of-the-statute rule.

A more thorough explanation:

The purpose approach, 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 law that prohibits the sale of alcohol to minors. The purpose of this law is to prevent underage drinking and its negative consequences. If a new type of alcoholic beverage is created that is not explicitly mentioned in the law, the purpose approach would be used to determine whether the sale of this new beverage to minors is prohibited or not. The court would look at the purpose of the law and determine whether the sale of this new beverage would advance or suppress the problem of underage drinking.

Another example is a law that requires all drivers to wear seat belts. The purpose of this law is to increase safety and reduce injuries in car accidents. If a person is pulled over for not wearing a seat belt but claims they were only driving a short distance, the purpose approach would be used to determine whether the person violated the law or not. The court would look at the purpose of the law and determine whether the person's actions advanced or suppressed the problem of car accident injuries.

These examples illustrate how the purpose approach is used to interpret laws based on their intended purpose and the problems they were designed to solve.

purpose | purpose clause

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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