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This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] 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.
Consider the following example of the original meaning: Special leave is given for men to be out of barracks tonight till 11.00 p.m.; "The exception proves the rule" means that this special leave implies a rule requiring men, except when an exception is made, to be in earlier. The value of this in interpreting statutes is plain. —
For example, if the rule of recognition were "what Professor X says is law", then any rule that Professor X spoke would be a valid legal rule. It follows that the rule of recognition is but a factual acknowledgement of what is indeed law; as per the classic illustration of a bill passed by the legislative authority and assented to by a head-of ...
The avoidable consequences rule is a concept in United States jurisprudence which comes from a common-law rule barring recovery of damages that a tort victim "could have avoided by the use of reasonable effort or expenditure after the commission of the tort."
The facts of a case are central to every step in the IRAC. It is from the facts that the issues are identified. It is the facts that lead to the identification of the most appropriate rules, and the rules which lead to the most useful way of construing the facts. Analysis requires the interpretation of facts and rules.
Example 4 If the U.S. Congress passes a bill, the president's signing of the bill is sufficient to make it law. Note that the case whereby the president did not sign the bill, e.g. through exercising a presidential veto, does not mean that the bill has not become a law (for example, it could still have become a law through a congressional ...
For example, in the Kolmogorov–Chaitin minimum description length approach, the subject must pick a Turing machine whose operations describe the basic operations believed to represent "simplicity" by the subject. However, one could always choose a Turing machine with a simple operation that happened to construct one's entire theory and would ...