Considered


Considered meaning

Applying Case law

Considered is where a court discusses a reported case, but not reached a conclusion as to its application. It entails locating the declarations of law and facts that are important to the conclusion, which may be done by identifying the relevant facts. As the judge is delivering his or her verdict, they will often point out the findings of fact that the judge considers to be important. Nonetheless, it is up to subsequent judges to make their own opinions about the significance of the facts as well as cosider previous legal principles that constitute the basis of the judgement.

Interperting legislation

Considered is used where a court discusses the meaning of words in statutory language. For example the term "interest, annuities, and other yearly interest" may be found in section 169 of the Income Tax Act of 1952. The House of Lords considered this word in the case Inland Revenue Commissioners v Frere [1965] AC 402. It was determined that the term "annual interest" also applied to this first usage of the word "interest." It is possible for the term to appear in any portion of the Act; it is not limited to just the section that is now being considered.

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