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The legal reference Words and Phrases dedicates 76 pages to summarizing hundreds of lawsuits that centered around the meaning of the word shall. When referencing a legal or technical requirement, Words and Phrases instead favors must while reserving should for recommendations. [1]
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 means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
The English modal auxiliary verbs are a subset of the English auxiliary verbs used mostly to express modality, properties such as possibility and obligation. [a] They can most easily be distinguished from other verbs by their defectiveness (they do not have participles or plain forms [b]) and by their lack of the ending ‑(e)s for the third-person singular.
Thus, while in English a modal verb can be easily recognized by the sole presence of a bare infinitive, there is no easy way to distinguish the four traditional Italian modal verbs from other verbs, except the fact that the former are the only verbs that do not have a fixed auxiliary verb for the perfect.
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
In Article 10 of the Treaty of Taipei, the inhabitants of Taiwan and Penghu are deemed to be nationals of the Republic of China.On 27 May 1952, Wajima Eiji [], who was the head of the Asian Affairs Bureau of Japan [] and one of the participants of the negotiation of the drafting of the treaty, explained in the House of Councillors of Japan that, the purpose of Article 10 is to facilitate the ...
The word bill is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in the common law of the United Kingdom, including the United States. The parts of a bill are known as clauses, until it has become an act of parliament, from which time the parts of the law are known as sections. [2]