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  2. Shall and will - Wikipedia

    en.wikipedia.org/wiki/Shall_and_will

    Thus shall is used with the meaning of obligation, and will with the meaning of desire or intention. An illustration of the supposed contrast between shall and will (when the prescriptive rule is adhered to) appeared in the 19th century, [11] and has been repeated in the 20th century [12] and in the 21st: [13] I shall drown; no one will save me!

  3. Plain meaning rule - Wikipedia

    en.wikipedia.org/wiki/Plain_meaning_rule

    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.

  4. Property Rules, Liability Rules and Inalienability: One View ...

    en.wikipedia.org/wiki/Property_Rules,_Liability...

    Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School ...

  5. Law review - Wikipedia

    en.wikipedia.org/wiki/Law_review

    A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.

  6. Purposive approach - Wikipedia

    en.wikipedia.org/wiki/Purposive_approach

    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.

  7. Judicial review in the United States - Wikipedia

    en.wikipedia.org/wiki/Judicial_review_in_the...

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary ...

  8. Mischief rule - Wikipedia

    en.wikipedia.org/wiki/Mischief_rule

    The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...

  9. Ouster clause - Wikipedia

    en.wikipedia.org/wiki/Ouster_clause

    Lord Dyson emphasized that "the scope of judicial review should be no more (as well as no less) than is proportionate and necessary for the maintaining of the rule of law". [20] On the facts of the case, he found it was neither proportionate nor necessary for the maintenance of the rule of law to require unrestricted judicial review.