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Plain Meaning
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues. Additionally, it is the mechanism that underlies textualism and, to a certain extent, originalism. Meaning To avoid ambiguity, legislatures oft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning, but in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textualism
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.Keith E. Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (2001) . Definition The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words." The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text. Textualism is often erroneously conflated with originalism, and was advocated by United States Supreme Court Justices such as Hugo Black and Antonin Scalia; the latter staked out his claim in his 1997 Tanner Lecture: " tis the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nix V
Nix or NIX may refer to: Places * Nix, Alabama, an unincorporated community, United States * Nix, Texas, a ghost town in southwestern Lampasas County, Texas, United States * Nix (moon), a moon of Pluto People * Nix (surname), listing people with the surname In science and technology * Nix (gene), a pro-apoptotic gene * Norwegian Internet Exchange (NIX), an Internet exchange point in Oslo * Neutral Internet Exchange of the Czech Republic, the Internet exchange point in Prague * Nix (package manager), a package and configuration manager for computer systems ** NixOS, a Linux distribution based on the package manager * ''NIX'', a derivative or fork of Plan 9 from Bell Labs * Unix-like, abbreviated *nix or nix Codes * Nioro Airport, Mali (IATA airport code: NIX) * Hema language, (ISO 639-3 code: nix) Other uses * Nix Federal Building, a historic building in Philadelphia, Pennsylvania * Nix Professional Building, a hospital in San Antonio, Texas * Permethrin, branded as Ni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caminetti V
Caminetti may refer to: *'' Caminetti v. United States'', a 1917 United States Supreme Court case People with the surname * Farley Drew Caminetti (1886-1945) * Anthony Caminetti (1854-1923) See also * Cuminetti (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepper V
Pepper(s) may refer to: Food and spice * Piperaceae or the pepper family, a large family of flowering plants ** Black pepper ** Long pepper ** Kampot pepper * ''Capsicum'' or pepper, a genus of flowering plants in the nightshade family Solanaceae ** Bell pepper ** Chili pepper * Schinus, pepper trees * Sichuan pepper, a strong spice *"Alder pepper", the flower of ''Alnus alnobetula'' Music * Pepper (band), a rock-reggae band originally from Hawaii * The Peppers, a French male instrumental group * "Pepper" (song), a 1996 song by Butthole Surfers * "Pepper", an instrumental song by Linkin Park from ''LP Underground 11'' * "Pepper", a song by Death Cab for Cutie from the 2022 album ''Asphalt Meadows'' * "Peppers", a song by Lana Del Rey from the 2023 album ''Did You Know That There's a Tunnel Under Ocean Blvd'' People and fictional characters * Pepper (name), a list of people and fictional characters with the given name, nickname or surname * Peppers (surname), a list of people w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory of how judges decide cases and a Normative, normative theory of how judges should decide Legal case, cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the Trier of fact, facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. U.S. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice. The ultimate goal of legal formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fordham Law Review
The ''Fordham Law Review'' is a student-run law review, law journal associated with the Fordham University School of Law that covers a wide range of legal scholarship. Overview In 2017, the ''Fordham Law Review'' was the seventh-most cited law journal by other journals, and the fifth-most cited by courts. The journal's content consists generally of academic articles, symposia, and student-written notes. The current Editor-in-Chief is Charis Franklin. History The ''Fordham Law Review'' was established in 1914 at the Fordham University School of Law. However, it suspended publication after only three years, following the United States' entry into World War I. The final issue before suspension provided a brief explanatory statement: Owing to the war, the Review will close this year with this number. Some of the Board of Editors are in military service, with national and state organizations. Others are at the training camps for reserve officers. The journal did not restart pub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but it has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common misconception is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward II Of England
Edward II (25 April 1284 – 21 September 1327), also known as Edward of Caernarfon or Caernarvon, was King of England from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir to the throne following the death of his older brother Alphonso, Earl of Chester, Alphonso. Beginning in 1300, Edward accompanied his father on Wars of Scottish Independence, campaigns in Scotland, and in 1306 he was Knight#Evolution of medieval knighthood, knighted in Feast of the Swans, a grand ceremony at Westminster Abbey. Edward succeeded to the throne the next year, following his father's death. In 1308, he married Isabella of France, Isabella, daughter of the powerful King Philip IV of France, as part of a long-running effort to resolve the tensions between the English and French crowns. Edward had a close and controversial relationship with Piers Gaveston, who had joined his household in 1300. The precise nature of Edward and Gaveston's relationship ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
