Search results
Results from the WOW.Com Content Network
Heydon's Case (1584) 76 ER 637 is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation. The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
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 ...
An argument derived after an event, having the knowledge about the event. Inductive reasoning from observations and experiments. / ˌ eɪ ˌ p ɒ s t iː r i oʊ r aɪ / a priori: from earlier An argument derived before an event, without needing to have the knowledge about the event. Deductive reasoning from general principles. / ˌ eɪ p r aɪ ...
Coupled with the Supreme Court's broad understanding of presidential immunity from criminal prosecution for "official acts," this is a recipe for impunity that belies Biden's avowed commitment to ...
Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation .
The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract (privity of contract). Thus, only the immediate purchaser could recover for a product defect, and if a part was ...