• 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...
    11 KB (1,532 words) - 20:39, 5 June 2024
  • mischief rule is one of three rules of statutory interpretation traditionally applied by English courts, the other two being the "plain meaning rule" (also...
    7 KB (1,039 words) - 05:50, 17 February 2023
  • 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...
    30 KB (4,422 words) - 20:46, 25 August 2024
  • 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...
    4 KB (360 words) - 08:38, 28 March 2024
  • 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...
    56 KB (7,850 words) - 02:13, 25 October 2024
  • Interpretation of legal concepts: Strict constructionism The plain meaning rule (a.k.a. "literal rule") Literal (mathematical logic), certain logical roles taken...
    744 bytes (108 words) - 02:15, 9 April 2024
  • 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...
    9 KB (1,012 words) - 05:20, 17 June 2024
  • Thumbnail for Originalism
    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...
    27 KB (2,710 words) - 00:50, 4 October 2024
  • fairly means." Similarly, textualism should not be confused with the "plain meaning" approach, a simpler theory used prominently by the Burger Court in...
    16 KB (2,045 words) - 17:17, 12 October 2024
  • in which American courts have interpreted statutes contrary to their plain meaning in order to avoid absurd legal conclusions. It has been described as...
    14 KB (1,774 words) - 12:17, 2 November 2024
  • originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Original intent...
    10 KB (1,538 words) - 12:53, 9 January 2024
  • 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...
    13 KB (1,611 words) - 15:59, 10 November 2024
  • Thumbnail for Judicial interpretation
    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...
    11 KB (1,226 words) - 21:10, 13 September 2024
  • Thumbnail for Felix Frankfurter
    wielded the judicial power through the derogation canon and the "plain meaning rule" to strike down progressive laws has been described as liberal by...
    58 KB (6,560 words) - 19:37, 27 October 2024
  • Thumbnail for Common law
    Common law (redirect from Common rules)
    statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme...
    127 KB (16,916 words) - 20:58, 6 November 2024
  • sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually...
    25 KB (3,322 words) - 09:44, 2 November 2024
  • 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...
    7 KB (902 words) - 09:00, 30 October 2024
  • interpret a statute to produce absurd or unintended results (the golden rule principle) is often informed by evidence of what the proponents of a bill...
    4 KB (555 words) - 04:45, 7 May 2024
  • Thumbnail for Preamble to the United States Constitution
    (citing Taylor v. Taylor, 10 Minn. 107 (1865))). Examples include the "plain meaning rule," Pollock v. Farmers' Loan & Trust Co., 158 U.S. 601, 619 (1895) ("The...
    79 KB (12,373 words) - 21:35, 3 June 2024
  • Thumbnail for Living Constitution
    pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said...
    43 KB (5,799 words) - 21:23, 27 July 2024
  • Thumbnail for Corwin Amendment
    Amendment never became law. But if it had done so, then, under the plain meaning rule, it would have made slavery immune to the constitutional amendment...
    23 KB (2,602 words) - 02:24, 14 November 2024
  • written by lawyers. Owing to heavy misuse, its meaning can be ambiguous, and the United States government's Plain Language group advises writers not to use...
    34 KB (4,567 words) - 06:48, 29 September 2024
  • topic. It is considered a part of Plain Language. The term derives from the 16th-century idiom "in plain English", meaning "in clear, straightforward language"...
    21 KB (2,352 words) - 02:46, 12 November 2024
  • Thumbnail for Neil Gorsuch Supreme Court nomination
    the facts of the case constituted an "absurdity exception" to the Plain Meaning Rule, which Gorsuch relied upon in his dissent. Franken went on to say...
    85 KB (5,271 words) - 09:00, 17 November 2024
  • 264 U.S. 443 (1924), was a Supreme Court case. In line with the plain meaning rule, the Court determined that a native-born citizen of the United States...
    3 KB (324 words) - 01:58, 13 September 2023
  • The Rule of Law. Although courts should be aware and respectful of this institutional settlement, courts have an important role to play, and the rule of...
    8 KB (1,122 words) - 19:37, 24 April 2023
  • part of the common law of Pennsylvania." The court used the soft plain meaning rule to interpret the statute in this case. Justice David Josiah Brewer...
    12 KB (1,577 words) - 19:13, 13 July 2024
  • The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear...
    14 KB (1,709 words) - 17:11, 18 July 2024
  • the European Court of Human Rights". Judicial Activism and the Democratic Rule of Law: Selected Case Studies. Springer International Publishing. pp. 191–231...
    12 KB (1,508 words) - 08:42, 6 May 2024
  • Thumbnail for Common good constitutionalism
    asserts that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself". Vermeule describes it as...
    21 KB (2,275 words) - 06:54, 11 November 2024