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The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught in flagrante delicto. "Smoking gun" refers to the strongest kind of circumstantial evidence , as opposed to direct evidence .
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 ...
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark [1] decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states.
The Supreme Court ruled Thursday that the Constitution provides a right to carry a gun outside the home, issuing a major decision on the meaning of the Second Amendment.. The 6-3 ruling was the ...
Because in both Bailey's and Robinson's cases the gun was sufficiently accessible and proximate to the drugs that the jury could have concluded that the gun was there to protect the drugs. The Supreme Court agreed to review the case to resolve a split of authority among the federal courts of appeals about the meaning of the word "use" in § 924(c).
Justices rule 8-1 to preserve a 1994 gun law. WASHINGTON (AP) — The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence.
United States v. Miller, 307 U.S. 174 (1939), was a landmark decision of the Supreme Court of the United States that involved a Second Amendment to the United States Constitution challenge to the National Firearms Act of 1934 (NFA). The case is often cited in the ongoing American gun politics debate, as both sides claim that it supports their ...