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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!
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to the interpretation of the law. [1] Such a question is distinct from a question of fact , which must be answered by reference to facts and evidence as well as inferences arising from those facts.
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 ...
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
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.
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2]
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.
When referring to hypothetical future circumstance, there may be little difference in meaning between the first and second conditional (factual vs. counterfactual, realis vs. irrealis). The following two sentences have similar meaning, although the second (with the second conditional) implies less likelihood that the condition will be fulfilled: