Case study part A and B Example | Topics and Well Written Essays - 2500 words

Part A and B - Case Study Example Legislative law states that any person having more than 8000 pounds of capital entitled to his name shall not be allowed to claim the allowance. The court argues that the second house must not be disregarded when calculating his capital. Mr. Doyle says that he wants the second house exempted in assets determination. The commissioner refutes this claim. By occasionally using the second house across the street, it does guarantee it as his house. In the real sense he had purchased both the houses. The court is of the opinion that the second house is ‘annex† of the other. The two houses are seen as one house being used to serve different purposes. House A is used as a dining area while house B acts as a bathroom and bedroom. Therefore Mr. Frank should not ask the court to disregard the second house as his part of the capital. After calculations are done, it is found that his capital exceeds the one stipulated by the law. He is denied the allowance in the end. Legal issues in the case The claimant wants his rights to allowance entitlement respected. He legally contributed to the allowance. When he wants to claim the payment, the court has fast thrown away his case. It claims that the case lacks a basis. Legally, the victim feels that the second house that he purchased should be not be used when calculating his assets. ... This according to court is a violation of the job seekers act. An ownership conflict is being outlined in this case. For any dispute concerning properties, legal actions are the best option. The language and the approaches used in interpretation Contextual approach Lord Ward uses contextual approach. This is using the use of words the way they appear in the statutes but changing their meaning when interpreting. This ensures clarity in judge’s deliverance. The discipline has ambiguities which ought to be avoided. In reading the first paragraph of the statute he states that â€Å"under regulation 88 the capital and income partner or polygamous â€Å"wife†, which by virtue of section 13 (2) of the Act are assumed as his, are to be aggregated with his†. His wife agrees to be using the house as hers. Therefore, the words are used the way they appear but are applied in the case before the court. Literal meaning method The judge himself explains the meaning of using the words literally. The word dwelling has been used to mean a house. He states that â€Å"dwelling has been chosen, not, for, example, dwelling –house nor residential accommodation. To quote the judge â€Å"a residence† is defined by the Oxford English Dictionary as place of residence; dwelling - place, habitation, house†. He goes further to say â€Å"dwelling place is a place of abode whereas dwelling house is a house occupied as a place of residence†. Present is a clear distinction of a dwelling house from the office, a business house or a warehouse. The judge only plays with this word to confuse the proceeding. It sinks in entire people’s minds that the dwelling is rightfully belongs to Mr. Doyle and cannot be excluded in determining his asset. Golden rule: This is a