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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 mathematics, a law is a formula that is always true within a given context. [1] Laws describe a relationship , between two or more expressions or terms (which may contain variables ), usually using equality or inequality , [ 2 ] or between formulas themselves, for instance, in mathematical logic .
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.
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.
This rule first appeared in l'Hôpital's book L'Analyse des Infiniment Petits pour l'Intelligence des Lignes Courbes in 1696. The rule is believed to be the work of Johann Bernoulli since l'Hôpital, a nobleman, paid Bernoulli a retainer of 300 francs per year to keep him updated on developments in calculus and to solve problems he had.
Math on Trial: How Numbers Get Used and Abused in the Courtroom is a book on mathematical and statistical reasoning in legal argumentation, for a popular audience. It was written by American mathematician Leila Schneps and her daughter, French mathematics educator Coralie Colmez , and published in 2013 by Basic Books .
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 American law, the clear statement rule is a guideline for statutory construction, instructing courts to not interpret a statute in a way that will have particular consequences unless the statute makes unmistakably clear its intent to achieve that result. [1]
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