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Ambiguity occurs when a single word or phrase may be interpreted in two or more ways. As law frequently involves lengthy, complex texts, ambiguity is common. Thus, courts have evolved various doctrines for dealing with cases in which legal texts are ambiguous.
The Court explained that these delegations limit a federal court's ability to review the agency's interpretation of the law. [ 14 ] The power of an administrative agency to administer a congressionally created program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.
Kisor v. Wilkie, No. 18-15, 588 U.S. ___ (2019), was a US Supreme Court case related to the interpretation by an executive agency of its own ambiguous regulations. The case involved a veteran who had been denied some benefits from the United States Department of Veterans Affairs due to the agency's interpretation of its regulations.
The professor believes Adele’s and Geraes’ case exemplifies how ambiguous copyright infringement laws “reduce the question of infringement to the ear of the beholder.” Image credits: Adele
For example, in the recent Boy Scouts of America (BSA) bankruptcy case, the debtor’s plan set up a $2.4 billion fund for abuse victims of BSA troop leaders. Victims cannot recover damages from ...
In his dissent, Justice Stevens explained the Cannon decision as follows: In providing a shorthand description of her claim in the text of the opinion, we ambiguously stated that she had alleged that she was denied admission "because she is a woman," but we appended a lengthy footnote setting forth the details of her disparate impact claim.
In Mangione's case, prosecutors say the first-degree charge is warranted both because Mangione is older than 18 and because he allegedly killed Thompson "in furtherance of an act of terrorism."
Pepper (Inspector of Taxes) v Hart [1992] UKHL 3, is a landmark decision of the House of Lords on the use of legislative history in statutory interpretation.The court established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the ...