PART A.
1. MATERIAL FACTS
The material facts are the key facts which arbitrate the outcome in a case. The material facts in this particular case are as follows: the appellant jet ski collided with the respondent jet ski in the water, causing him important facial injuries. The appellant is charged under section 58 (2)(a) of the Merchant Shipping Act 2001. The appellant is asking for his indictment to be quashed arguing that his jet ski was not a ship within section 58(1). - para 6 failed 2. LEGAL ISSUES
A legal issue is the point argued by both parties which is left down to the judge to solve by him/her interpreting the law in each case. In other words it is the question given to the judge to answer. The legal issue in this case is whether the jet ski is a ship within section 58 of the Merchant Shipping Act 2001 and whether the purpose of a ship, under the M.S.A. 2001, require navigation to be a 'planned or ordered movement from one place to another' or includes the pleasure of 'messing about in boats' . (para 29).
…show more content…
STATUTORY INTERPRETATION
When a case involves a statute the courts will use the statutory interpretation mainly because most statutes are often really plain and straightforward when it comes to their meaning. This issue was first raised by Lord Denning and now is used by all judges as to interpret and apply the legislation in cases. There are three types of rule when it comes to statutory interpretation:
a. The Literal Rule: taking the literal meaning of the statute and applying it to the case.
b. The Golden Rule: using the common sense to make a judgment, this is usually referred to when a judge uses the literal rule but the outcome is too absurd.
c. The Mischief Rule: is when a judge try to find out the meaning behind the legislation as in what the Parliament meant when creating the
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
Statement of the Case: This part has the summary of the dispute, and what happened in the lower court and present court by the time that the brief was filed. Also, this part provides important facts and a word by word recall of the case (Statsky, pg. 545).
b. If say that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies.
ISSUE= The issue involving this case is during the time Jacobson purchased the magazines they were legal. The government directed Jacobson into many different phony organizations to trap him into guilt. The jury must decide whether Mr. Jacobson willingly participated in illegal activities or was just involved by being duped by the government.
Personal Watercrafts or "jet skis" are basically Personal Watercraft (PWC) are basically small inboard boats able to travel at high speeds due to large amounts of power and very light weight. Alomst all PWC's are under 600 lbs and most of todays PWC's have at least 90 hp.Not only are PWC's some of the fastest water vehicles they are also some of the most maneuverable water vehicles. This is because PWC's propultion is based on a jet that also is it's turning mechanism. When the driver turns the handlebars the jet (via cables) turns in the direction of the handlebars so the stern is pushed in the opposite direction. This allows the driver to turn at a much tighter angle than traditional boats with keels and rudders.The main drawback to this maneuverability is the fact that if there is no thrust coming from the engine the ability to turn is effictively zero meaning that anytime the driver presses the kill switch (a large red button) they lose all ability to steer. This is extremely dangerous whenever an inexperienced person may drive the PWC back to dock or into shore. PWC's have no brakes and have no ablilty to stop other than turning around. They have an extremely efficient ability to hydroplane (when most of the PWC is above water) and it takes most PWC's a few hundred feet to come to a stop after being at full throttle. This is because 600 lbs + a rider is traveling at a very high speed with only minimal friction to slow them down (since PWC's are made to travel with very little friction).
The valid point is concerned with Goodhart’s article “Determining the Ratio Decidedi of a Case. Simpson accepts the Goodhart theory proposition that ‘‘the ratio decidendi of a case can be defined as the material facts of the case plus the decision thereon.” He points out that there is an opposed theory, which maybe conveniently called ‘classical theory’ which is that “the ratio is ‘the principle of law which the judge considered necessary to his decision.’’ The Supreme Court’s approach to the illegality defence in decisions, bringing tension in judicial decision between the need for legal certainty and need to achieve fair result. Therefore, quantitative research on whether extra-legal factors influenced judicial decision making has found no universally applicable answers as some variables can explain certain judicial behaviour in some situations but, both in others. When interpreting and applying legislations, to decided case, especially when cases involve ambiguous aspect of a statute which is statutory interpretation; which over time, various methods and construction has fallen in and out of favour including the primary rules (literal,mischief
The first approach is assessing the Law according to its target audience. This is beneficial as it defines the context in which the text is applying itself to. Hays mentions, “Connecting texts to their contexts is a basic tenet of proper interpretive method. The Law is part of a story, and this story thus provides a critical context for interpreting the Law.” This approach can be problematic as meaning of a particular law could be misinterpreted to fit the context in which it is placed in. The Law may be given in a specific instance; however, it could have a general meaning, which could be lost using this approach.
Statutory law comes into existence by Congress and the various state legislative bodies that make up another source of law. Courts develop the common law rules from the principles behind the decisions in actual disputes. Common law is the law created by judges when interpreting statutory law. If statutory law conflicts with common law, statutory law will govern because the body of statutory law has expanded greatly since the founding of this nation. This expansion has resulted in a proportionate reduction in the scope and applicability of the common law. However, the common law remains a significant source of legal authority. Even when legislation had been substituted for common law principles, courts often rely on the common law as a guide to interpreting the legislation on the theory that people who drafted the statute intended to codify an existing common law rule.
The UK courts obtain the power to decide whether the governmental authority has acted ‘Ultra Vires’. This ensures they do not act outside limits of their legal power, this includes both formal and substantive grounds. Both proportionality and natural justice are crucial components for judicial review of a case and therefore, formal and substantive elements are required to set out laws. There seems to be no compelling reason that this may not also be the most salient solution for the rule of law, however in my opinion, good procedures are not as rewarding as the laws content when it concerns the publics lives and
Frank A. Easterbrook, ‘Legal Interpretation and the Power of the Judiciary’ [1984] 7 Harv. J.L. Pub. Pol’y 87 http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjlpp7&div=18&id=&page= accessed 14 February 2012. J. A. Holland & Julian Webb, Learning Legal Rules, 6th edn, Oxford 2006, pp. 113-117.
This essay is the respond to the Local Council Member who has wrong idea about a common archetype of adventure tourist. This misconception based on ignorance of current tourism industry, could potentially be a dangerous for local economy and development. The local authority must be well informed about present conditions with the tourism market, before they will make a far reaching decisions about the development direction in this industry. Currently, there are many organisations whose monitoring an international tourism business and this knowledge supposed to be good use for our common good.
There are about 70% of our earth is covered by water, and people just know a little part of it now. Underwater tourism is an excitement and adventure, and it is also a special tourism concept. The undersea world attracts people to explore the mysterious of the ocean, and the underwater tourism is growing very fast basic on the new technology. Travelers can join this tourism by many different methods, such as underwater restaurant, underwater hotel and underwater activity. There are many travelers will try to have the experience of underwater tourism and spend a lots of many for that. Travelers
There is nothing quite like traveling, going someplace new and finding out more about the world and yourself. Anyone can become a traveler it just takes a little bit of faith and courage. Traveling across the world or even across the country is a learning experience. When you are a traveler you see how people live and how different cultures work. It is the best educational experience you could give yourself. You see how the world works in a way no one can teach you. Seeing different cultures and people help build the person you want to be. If you are a traveler the world influences you, because when traveling, you see the good and the bad, and you learn from the right and the wrong. I am very lucky that I am able to be a traveler and see this
Since the discovery of powered flight, man has endeavored to test the limits of traveling higher, faster and longer. With the advent of rocket technology in the early 20th century, “higher” came to mean orbiting the Earth, eventually culminating in NASA’s Apollo 11 mission to the moon. “Faster” meant setting record after record of speeds in excess of the sound barrier, with the very same Apollo missions reaching velocities of almost 25,000 miles per hour. “Longer” can currently be summated by the International Space Station (ISS), which has been continually manned for over 13 years; the longest single period of time in space for an individual in that span is 215 days. In the past few decades, many space programs around the world have experienced dwindling national and international interest, mirroring a decrease in funding. However, one aspect of space travel has recently begun to pique the interests of medical professionals in particular- the effects of long duration space travel on the human body. With recent technological advances, long term voyages through the cosmos have leapt from the pages of science fiction and into reality, with several public and private entities- including NASA- planning manned missions to Mars as soon as the year 2030. While that may seem a long way off from the present, research into the effects of extended cosmic voyages on human beings is still in its infancy, especially with regards to the potential effects such a journey might have on the psychological states of astronauts.
I will never forget the first time I went snorkeling, it was something I had been afraid to do up until the moment I touched the water. Beforehand all I could think about was what if I got attacked by a shark? I was too young to die and I felt like I was tempting fate. Then once I made the plunge into the water everything washed away, as if the waves carried the fear with them as they folded over me. I remember that day so clearly, rocking back and forth, up and down, I sat on a small glass bottom boat. The enormous ocean waves making me nauseas as I put my snorkel gear on. I hurried as fast as I could, knowing my nausea would go away as soon as I entered the water. This wasn’t the first time I have gotten sea sick, but it only shows up when the boat is sitting still. As soon as I got my equipment on I jumped into the water, fins first. I felt the sensation of goose bumps shivering up my whole body, tiny bubbles rolling over my body from breaking the surface, they ran from my toes upwards to break free at the ocean’s surface. Once the bubbles cleared, I looked around to see a new blue world I have never experienced before. I heard the sound of the ocean, mumbled by the sound of my deep breathing and the tanks of the more experienced scuba divers below me. It’s a very relaxing and peaceful sound, and if I had not been in such a new and unusual place I could have floated with my eyes closed for hours.