Question and answer
what is the policy consideration behind the relevant rule?
‘“Policy”’ has become a hideously inexact word in legal discourse' (Neil MacCormick, Legal Reasoning and Legal Theory (1978)). In this respect, ‘policy’ is not unlike ‘values’. [ Each term is used from time to time in an all-embracing sense so as to include the other. The expression ‘policy considerations’ is generally reserved in the law for arguments or factors of a non-ethical kind, ‘values’
being a term used often to denote ethical values, though its use is by no means always so confined. Policy considerations may become relevant to the making of a judicial decision when the decision cannot be made by reference to established rules, whether grounded in precedent or even in statute. The Court will then consider the values and policy arguments that are relevant to the articulation of the potential rule (or principle). The Court must make an evaluation of them as a preliminary to articulating the rule to be applied in the instant case. The rule will have an application that extends beyond the parties to the case. Just how far it will extend depends upon its terms, its nature, and subject matter. In this context, policy arguments come into play as the rule to be adopted is shaped and evaluated by reference to its effect in producing a desirable state of affairs. A policy argument is not used to reach a decision in a particular case dissociated from the general rule to be applied, except in cases where the Court is exercising a statutory judicial discretion requiring the Court to take into account certain policy considerations. Even in such a case, a court will endeavour to deal with them in a principled way. As United States Supreme Court Justice Oliver Wendell Holmes observed in 1881, ‘every important principle which is developed by litigation is in fact and at bottom the result of more or less definitely understood views of public policy’. In this passage, Holmes was equating ‘public policy’ to ‘public interest’. He was not referring to public policy in its technical sense—for example, as a ground for rejecting evidence (Ridgeway v The Queen (1995)) or for invalidating contracts. ]
Get an answer
Original conversation
User: what is the policy consideration behind the relevant rule?

Weegy: ‘“Policy”’ has become a hideously inexact word in legal discourse' (Neil MacCormick, Legal Reasoning and Legal Theory (1978)). In this respect, ‘policy’ is not unlike ‘values’. [ Each term is used from time to time in an all-embracing sense so as to include the other. The expression ‘policy considerations’ is generally reserved in the law for arguments or factors of a non-ethical kind, ‘values’ being a term used often to denote ethical values, though its use is by no means always so confined. Policy considerations may become relevant to the making of a judicial decision when the decision cannot be made by reference to established rules, whether grounded in precedent or even in statute. The Court will then consider the values and policy arguments that are relevant to the articulation of the potential rule (or principle). The Court must make an evaluation of them as a preliminary to articulating the rule to be applied in the instant case. The rule will have an application that extends beyond the parties to the case. Just how far it will extend depends upon its terms, its nature, and subject matter. In this context, policy arguments come into play as the rule to be adopted is shaped and evaluated by reference to its effect in producing a desirable state of affairs. A policy argument is not used to reach a decision in a particular case dissociated from the general rule to be applied, except in cases where the Court is exercising a statutory judicial discretion requiring the Court to take into account certain policy considerations. Even in such a case, a court will endeavour to deal with them in a principled way. As United States Supreme Court Justice Oliver Wendell Holmes observed in 1881, ‘every important principle which is developed by litigation is in fact and at bottom the result of more or less definitely understood views of public policy’. In this passage, Holmes was equating ‘public policy’ to ‘public interest’. He was not referring to public policy in its technical sense—for example, as a ground for rejecting evidence (Ridgeway v The Queen (1995)) or for invalidating contracts. ]
Expert answered|Neon Aloo|Points 133|

User: what does relevant rule mean?

Question|Rated good
Asked 8/4/2011 10:18:33 AM
0 Answers/Comments
New answers
Rating

There are no new answers.

Comments

There are no comments.

Add an answer or comment
Log in or sign up first.
19,144,729 questions answered
Popular Conversations
The slope of the line whose equation is 5x + 3y = -2 ...
Weegy: The slope of the line whose equation is 5x + 3y = -2 is a.) -5/3 User: The y-intercept of the line whose ...
1/24/2015 10:20:25 PM| 6 Answers
What is the value of b^2 - 4ac for the following equation? 2x^2 - 2x ...
Weegy: 10x^2 - 19x + 6 = 0 The solution formula is x = [-b ? sqrt (b^2 - 4ac)]/2a The numerators of the solution is: ...
1/24/2015 9:48:19 AM| 4 Answers
Which of the following constants can be added to x^2 - 3x to form a ...
Weegy: 8x^2 - 2x = 1; 8x^2 - 2x - 1= 0; (4x + 1)(2x - 1) = 0 (4x + 1) = 0; 4x = -1, x = -1/4 or (2x - 1) = 0; 2x = 1; ...
1/24/2015 9:39:47 AM| 3 Answers
Which of the following points is a solution to the system of ...
Weegy: The following points of(-3 , -2) is a solution to the system of equations shown y - x = -1 x + y = -5 . ...
1/24/2015 10:34:32 PM| 3 Answers
8y - 1 = x 3x = 2y Solve the system of equations by ...
Weegy: 2x + y = 6; y = 3x + 4 The resulting equation is 2x + (3x + 4) = 6. User: 2x + y = 7 y = x + 1 When the ...
1/24/2015 10:54:55 PM| 3 Answers
Brenda Lee has received a $10,000 gift from her mother and is trying ...
Weegy: B. return User: Terri Hamilton has just received $30,000 from an uncle who died and is trying to decide how to ...
1/24/2015 2:01:50 PM| 2 Answers
The graph of which of the following equations contains the points (2, ...
Weegy: 2x - y = 2 x + y = 4 3x = 6; x = 6/3; x = 2 2x - y = 2; 2(2) - y = 2; 4 - y = 2; -y = 2 - 4; -y = -2; y ...
1/24/2015 9:12:35 PM| 2 Answers
Weegy Stuff
S
L
Points 1655 [Total 1676]| Ratings 0| Comments 1655| Invitations 0|Offline
S
L
P
L
P
Points 1229 [Total 6506]| Ratings 0| Comments 1229| Invitations 0|Offline
S
1
L
1
L
P
P
L
P
P
Points 563 [Total 15574]| Ratings 0| Comments 563| Invitations 0|Offline
S
L
Points 438 [Total 1119]| Ratings 2| Comments 418| Invitations 0|Offline
S
1
L
L
Points 178 [Total 6878]| Ratings 0| Comments 178| Invitations 0|Online
S
P
C
L
P
L
1
Points 90 [Total 6678]| Ratings 1| Comments 80| Invitations 0|Offline
S
Points 87 [Total 102]| Ratings 0| Comments 87| Invitations 0|Offline
S
L
Points 73 [Total 1634]| Ratings 0| Comments 73| Invitations 0|Online
S
Points 63 [Total 445]| Ratings 0| Comments 63| Invitations 0|Offline
S
Points 50 [Total 52]| Ratings 0| Comments 0| Invitations 5|Offline
Home | Contact | Blog | About | Terms | Privacy | Social | ©2014 Purple Inc.