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Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. [8] Chevron treats Congressional silence or ambiguity in a statute as an implicit delegation of authority to the agency entrusted to implement the ...
According to Professor Popkin, Chief Justice John Marshall imposed a clear statement rule: "where fundamental values were at stake, statutes would not be interpreted to impair such values, absent a clear statement in the legislation.” [2] Indeed, Marshall wrote in 1805 that "Where fundamental principles are overthrown, when the general system ...
The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result ...
Statutes often repeal or amend earlier laws, and extensive cross-referencing is required to determine what laws are in force at any given time. [ 2 ] The United States Code is the result of an effort to make finding relevant and effective statutes simpler by reorganizing them by subject matter, and eliminating expired and amended sections.
Missouri's long-arm statute provides for personal jurisdiction over a non-resident defendant that has transacted any business within the state or has committed a tortious act within the state. At common law in Missouri, a tortious act committed outside with a resultant injury within Missouri was sufficient to permit jurisdiction.
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For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd.