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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 ... [...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] |
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] |
Bright-line Rule
A bright-line rule (or bright-line test) is a clearly defined rule or standard, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application. The term "bright-line" in this sense generally occurs in a legal context. Bright-line rules are usually standards established by courts in legal precedent or by legislatures in statutory provisions. The US Supreme Court often contrasts bright-line rules with their opposite: balancing tests (or "fine line testing"), where a result depends on weighing several factors—which could lead to inconsistent application of law or reduce objectivity. Debate in the US In the United States, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests. While some legal scholars, such as former Supreme Court Justice Antonin Scalia, have expressed a strong preference f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based 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 "purely functional" package and configuration manager for computer systems * 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 Nix in North America, an anti-lice drug * "Nix", a song by Golden Boy with Miss Kittin from '' Or'' * ' ... [...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 Anthony Caminetti (July 30, 1854 – November 17, 1923) was an American lawyer and politician who served two terms as a United States representative from California from 1891 to 1895. Biography Born in Jackson, California, Caminetti was the son o ... (1854-1923) See also * Cuminetti (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepper V
Pepper or peppers may refer to: Food and spice * Piperaceae or the pepper family, a large family of flowering plant ** Black pepper * '' Capsicum'' or pepper, a genus of flowering plants in the nightshade family Solanaceae ** Bell pepper ** Chili pepper * 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 12'' People and fictional characters * Pepper (name), a list of people and fictional characters with either the given name or surname * Peppers (name), a list of people with the surname Science and technology * Pepper (cryptography), a secret value added before hashing * Pepper (robot), a humanoid robot by Aldebaran Robotics and SoftBank Mobile * PPAPI or Pepper Plugin API, an interface for web browser plu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Formalism
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may underlie different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. The ultimate goal of that kind of formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically—from which the term "mechanical jurisprudence" comes. The antithesis of formalism is legal realism, which has been said to be " rhaps the most pervasive and accepted theory of how judges arrive at legal decisions." This descriptive conception of "legal formalism" can be extended to a normative theory, which holds that judges should decide cases by the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fordham Law Review
The ''Fordham Law Review'' is a student-run 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. 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 publication until 1935 amidst the Great Depression. Soon the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents 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 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 commo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward II Of England
Edward II (25 April 1284 – 21 September 1327), also called Edward of Caernarfon, was King of England and Lord of Ireland from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to the throne following the death of his elder brother Alphonso. Beginning in 1300, Edward accompanied his father on invasions of Scotland. In 1306, he was knighted in a grand ceremony at Westminster Abbey. Following his father's death, Edward succeeded to the throne in 1307. He married Isabella, the daughter of the powerful King Philip IV of France, in 1308, as part of a long-running effort to resolve 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 their relationship is uncertain; they may have been friends, lovers, or sworn brothers. Edward's relationship with Gaveston inspired Christopher Marlowe's 159 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
