meanings, Meaning 1 and Meaning 2. This uncertainty comes out because on
one meaning the element applies to the facts and on
another meaning it does
not apply. So, for example, according to Meaning 1 the element does apply,
but if Meaning 2 is the correct legal meaning the element does not apply.
Thus we can now see how the “maybe” came about. One meaning, Meaning 1
gives a “yes” answer and the other meaning, Meaning 2, give a “no” answer
(just as in some cases did Element 2M1 and Element 2M2). That is, “maybe”
is a combination of “yes” and “no”.
In summary, an issue of law is detected by systematically applying the
elements of the particular rule to the facts of the case. Where there is not a
definite “yes” or “no” answer but a “maybe” for an element there is ambiguity.
“Maybe” is a combination of a “yes” and a “no”. The provision has at least
two meanings. According to one meaning the element applies (“yes”) while
according one other meaning the element does not apply (“no”).
Framing the Issue
Having ascertained that there is an issue of law, the next step is to frame the
issue properly. To understand how this should be done, reflect on the fact that
an issue arises only because there is some doubt as to whether one of the facts
satisfies one of the elements of the law. This means that an issue is best stated
as a question in terms of these two components: does a particular fact satisfy a
particular element?
To illustrate this from the example above, are issues of law in Case 1 and Case
2. For Case 1, the issue is whether Fact 2M1 satisfies Element 2 – it will do so
if the court rules that Element 2M1, rather than (or possibly as well as) Element
2M2 is the correct legal meaning of Element 2. For Case 2 the issue is whether
Fact 2M2 satisfies Element 2.
Meanings
Introduction
Step 1 in the process of interpreting law requires precise identification of the
meanings that constitute and cause the ambiguity. In the example above, the
ambiguity in Element 2 is constituted by two meanings, labelled in the abstract
model Element 2M1 and Element 2M2. Because precise identification of the
meanings is so crucial, lawyers need to develop a technique for performing the
task. Three techniques are explained here.
Dictionary
A simple and highly useful means of ascertaining meanings is to look up the
word or words in a dictionary. A standard English dictionary will at least give
the broad sense of a word by indicating a commonly accepted range of
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