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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.
Cartoon by James Gillray satirizing Sir Francis Buller, 1782: "Judge Thumb; or, Patent Sticks for Family Correction: Warranted Lawful!". A modern folk etymology [14] relates the phrase to domestic violence via an alleged rule under English common law which permitted wife-beating provided that the implement used was a rod or stick no thicker than a man's thumb. [6]
As opposed to the plain meaning rule, the technical meaning rule applies the specific context and rules of grammar that are applied if the term is well defined and understood in an industry setting. To determine if there is a technical meaning, judges will look at whether the surrounding words are technical, and whether the act was directed to ...
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.
In re Wragg Ltd [1897] 1 Ch 796 is a UK company law case, also relevant for English contract law, concerning shares, and the rule that shares should be exchanged for consideration that is in some sense at least sufficient, not necessarily adequate.
For example, in the 1904 case Fischer v. Union Trust Co. , the Michigan Supreme Court held that the one dollar paid for the sale of real property did not constitute valuable consideration since the transaction had not been bargained for—a dollar was handed to a mentally incompetent "buyer" who then dutifully handed it to the "seller".
In a lengthy “New Rules” segment on Friday on “Real Time With Bill Maher,” the talkshow host laid into Chappell Roan, addressing an open letter to the singer and her political statements.
Heydon's Case (1584) 76 ER 637 is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation.The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.