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A Law Reference Collection, 2011, ISBN 1624680003 and ISBN 978-1-62468-000-7 Trinxet, Salvador. Trinxet Reverse Dictionary of Legal Abbreviations and Acronyms , 2011, ISBN 1624680011 and ISBN 978-1-62468-001-4 .
The section sign (§) is a typographical character for referencing individually numbered sections of a document; it is frequently used when citing sections of a legal code. [1]
A 1547, a law passed that denied a lesser sentence to first-time offenders convicted of "felonious stealing of Horses, Geldings or Mares" among other offenses. [1] The courts interpreted the law as applying to only those convicted of stealing two or more horses and allowed first-offenders who stole one horse to continue to avail themselves of ...
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.
In criminal law, the rule of lenity holds that where a criminal statute is ambiguous, the meaning most favorable to the defendant—i.e., the one that imposes the lowest penalties—should be adopted. [1] In the US context, Justice John Marshall stated the rule thus in United States v. Wiltberger:
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
The terms moot, mootness and moot point are used both in English and in American law, although with significantly different meanings. [1]In the legal system of the United States, a matter is "moot" if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...