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As there is always the danger that a particular interpretation may be the equivalent of making law, some judges prefer to adhere to the law's literal wording. Opponents of the plain meaning rule claim that the rule rests on the erroneous assumption that words have a fixed meaning.
As of the October 2012 administration, the test consists of 60 substantive questions. Only 50 are scored; the other 10 (randomly scattered throughout the exam) are used for experimental purposes. The raw score is converted to a "scaled score" based on the measured difficulty of the version of the test taken; the scaled score is used to ...
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. Moreover, courts must also often view a case's statutory context . While cases occasionally focus on a few key words or phrases, judges may occasionally turn to viewing a case in its whole in order to gain deeper understanding.
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
The performance test or "PT" is a section of bar examinations in the United States that is intended to mimic a real-life legal task that future lawyers may face. Of the three parts of most states' bar exams -- MBE, essay, and performance test—the performance test is supposed to be the most reflective of how well a candidate will perform outside of an academic setting.
During a Markman hearing a judge is responsible for interpreting the meaning of words and phrases in a patent, ultimately providing what is known as "claim construction." [1] This is also known as claim interpretation. [2] A Markman hearing usually defines the scope of the patent either for or against the inventor.
The Four Corners Rule is a legal doctrine that courts use to determine the meaning of a written instrument such as a contract, will, or deed as represented solely by its textual content. The doctrine states that where there is an ambiguity of terms, the Court must rely on the written instrument solely and cannot consider extraneous evidence.