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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 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.
The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
On the other hand, the Massachusetts Supreme Judicial Court cited the rule in Commonwealth v. Dayton [20] in ruling that the ambiguous language in the state's OUI law did not permit suspects to be held without bail unless they had been convicted three times under the statute, as opposed to being arrested three times. [21]
In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe.
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]
The Supreme Court has stepped in to settle the dispute. Federal courts across the country disagree about whether the word, as it is used in a bipartisan 2018 criminal justice overhaul, indeed ...
abbreviation of pro tempore, meaning "for the time being" Something, such as an office held, that is temporary. pro tempore: for the time being Something, such as an office held, that is temporary. propria persona: proper person Refers to one representing themselves without the services of a lawyer. Also known as pro per representation. qua ...