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Thus shall may be used (particularly in the second and third persons) to imply a command, promise or threat made by the speaker (i.e., that the future event denoted represents the will of the speaker rather than that of the subject). For example: You shall regret it before long. (speaker's threat) You shall not pass! (speaker's command)
The idea of a default rule in contract law is sometimes connected to the notion of a complete contract. In contract theory, a complete contract fully specifies the rights and duties of the parties to the contract for all possible future states of the world. An incomplete contract, therefore, contains gaps.
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.
The English modal auxiliary verbs are a subset of the English auxiliary verbs used mostly to express modality, properties such as possibility and obligation. [a] They can most easily be distinguished from other verbs by their defectiveness (they do not have participles or plain forms [b]) and by their lack of the ending ‑(e)s for the third-person singular.
For example, the inferred certainty sense of English must developed after the strong obligation sense; the probabilistic sense of should developed after the weak obligation sense; and the possibility senses of may and can developed later than the permission or ability sense. Two typical sequences of evolution of modal meanings are:
A 2005 law review article by Lawrence Solan noted in passing that corpus linguistics had potential for its application to interpreting legal texts. [1] But the first systematic exploration and advocacy of applying the tools and methodologies of corpus linguistics to legal interpretive questions of law and corpus linguistics came in the fall of 2010, when the BYU Law Review published a note by ...
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 ...
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.