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...
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mischief rule is one of three rules of statutory interpretation traditionally applied by English courts, the other two being the "plain meaning rule" (also...
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Caminetti v. United States (section Plain meaning rule)
the plain meaning rule does not look outside of the statutory text at any additional sources to find the legislative intent if the rule is "plain" from...
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Purposive approach (redirect from Purposive rule)
derivation of mischief rule set in Heydon's Case, and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation...
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1828: I understand that this is a rule in the construction of methods, in the first case, the grammatical meaning of the words must be followed. If it...
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Statutory interpretation (redirect from Rule of construction)
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...
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The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles...
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Interpretation of legal concepts: Strict constructionism The plain meaning rule (a.k.a. "literal rule") Literal (mathematical logic), certain logical roles taken...
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interpreted in accord with its original meaning and his view that statutes should be read in accord with their plain meaning. In A Matter of Interpretation, Scalia...
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Strict constructionism (section Strict meaning)
in which American courts have interpreted statutes contrary to their plain meaning in order to avoid absurd legal conclusions. It has been described as...
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originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Original intent...
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international treaties or local or special customs or even general customary rules not endowed with the same normative force". Discussions of the necessity...
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be ambiguous; for example, the term judicial conservatism can vary in meaning depending on what is trying to be "conserved". One can look at judicial...
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showing that a significant number of states have used and relied on the rule in question and the concept has not been rejected by a significant number...
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acts by the Crown or its servants were previously a major threat to the rule of law.[citation needed] Boddington v British Transport Police is an example...
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fairly means." Similarly, textualism should not be confused with the "plain meaning" approach, a simpler theory used prominently by the Burger Court in...
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Justiciability (section Constitutional rules)
However, this rule has exceptions rooted in the First Amendment. The rule against third-party standing or third-party claims. The rule against generalized...
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liberal, as conservative justices had used the derogation canon and plain meaning rule against Progressive economic legislation during the 1897–1937 Lochner...
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Precedent (redirect from Case Rules)
what the judge thinks that it means. The judge should use the plain everyday ordinary meaning of the words, even if this produces an unjust or undesirable...
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known as public international law and the law of nations, is the set of rules, norms, legal customs and standards that states and other actors feel an...
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Letter and spirit of the law (redirect from Rules as Written)
Literal rule • Mischief rule • Purposive approach Legal abuse Legal fiction Legal opportunism Legal technicality Original intent • Original meaning • Textualism...
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Judicial restraint (redirect from Ashwander rules)
its own previous decisions.”: 287 Judicial restraint may lead a court to rule narrowly, avoiding “unnecessary resolution of broad questions” (also known...
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exercised on them, contributing to the impartiality of the judiciary and the rule of law. In modern times, the main purpose of "judicial immunity [is to shield]...
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international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine...
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Originalism (redirect from Original meaning)
which are capable of being translated into principled rules." By following the original meaning, an originalist Supreme Court would therefore "need make...
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doctrine is said to be "indeterminate" by demonstrating that every legal rule in that body of legal doctrine is opposed by a counterrule that can be used...
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official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: Jurors cannot be punished for...
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in the law, and a later case will write a majority opinion for the same rule of law formerly cited by the dissent. The dissent may disagree with the majority...
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extent (if any) to which a statute's legislative history has bearing on the meaning of its text. Swedish courts frequently avail themselves of the legislative...
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related meanings in law and political theory: As a legal norm, it is used "for the assessment of such matters as actions, decisions, and persons, rules and...
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