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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.
right of blood Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens. / ˈ dʒ ʌ s ˈ s æ ŋ ɡ w ɪ n ɪ s / jus soli: right of soil Social law concept wherein citizenship of a nation is determined by place of birth. / ˈ dʒ ʌ s ˈ s oʊ l aɪ / jus tertii: law of the third
Words and Phrases Legally Defined is a law dictionary. It contains statutory and judicial definitions of words and phrases. It is one of the two "major" dictionaries of its type (the other being Stroud's). Both dictionaries have entries not contained in the other. [1] This dictionary is "useful". [2]
In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offence, becomes guilty of such offence, not as a chief actor, but as a participator, as by command, advice, instigation or concealment; either before or after the fact or commission; a particeps criminis .
"Choate" has been used in several legal contexts, for example, any "choate right is an undefeatable right that is totally valid and ... totally free from encumbrances", [2] and a "choate lien is ... certain and definite". [2] Such a lien is a perfected security interest as used in the U.S. Federal Bankruptcy Code and Uniform Commercial Code.
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. [1]
Some jurisdictions hold that as an absolute right. In its absence, a sentence but not the conviction may be overturned, resulting in the need for a new sentencing hearing. In the federal system, Federal Rules of Criminal Procedure 32(i)(4) provides that the court must "address the defendant personally in order to permit the defendant to speak ...
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms with prejudice and without ...