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The principle of used and useful also provides a way to place definite limitations on costs charged to utility customers. Not only must it be proven that utility investments and expenditures are used and useful to the ratepayers, the company must show that investments that are out of date technologically or economically are excluded from the ...
His principle of utility regards good as that which produces the greatest amount of pleasure and the minimum amount of pain and evil as that which produces the most pain without the pleasure. This concept of pleasure and pain is defined by Bentham as physical as well as spiritual.
A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case.
Reading Law: The Interpretation of Legal Texts is a 2012 book by United States Supreme Court Justice Antonin Scalia and lexicographer Bryan A. Garner.Following a foreword written by Frank Easterbrook, then Chief Judge of the US Court of Appeals for the Seventh Circuit, Scalia and Garner present textualist principles and canons applicable to the analysis of all legal texts, following by ...
In probate law, the rule is also favored because the testator is typically not around to indicate what interpretation of a will is appropriate. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. It can help to provide for consistency in interpretation.
Statutory retroactivity has usually been disfavored and is in many instances forbidden by the Ex Post Facto Clause of the Constitution. [19] Therefore: Absent a clear statement from Congress that an amendment [to a statute] should apply retroactively, we presume that it applies only prospectively to future conduct, at least to the extent that ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
Courts in the United States and elsewhere have developed a number of principles for handling such evidence of legislative intent. For example, many courts have suggested that the comments of those opposing a bill under consideration should be treated with skepticism on the principle that opponents of a bill may often exaggerate its practical consequences.