Questions tagged [interpretation]
93 questions
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Will courts interpret words to mean the opposite of what they actually mean if that is clearly the author's intent?
Suppose that a law uses a somewhat uncommon word in an incorrect way, and it is clear from the context that the author's intended meaning is the opposite of what the word actually means. In this scenario, will a court applying the law interpret the…
Someone
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Are there any legal doctrines like the absurdity doctrine that tend to correct legislative undersight or oversight?
Absurdity doctrine is a doctrine used by courts to ignore the plain meaning of a law in cases where the plain meaning would in the court's opinion lead to absurd results. Are there any similar doctrines that attempt to correct legislative flaws by…
user49663
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Trouble interpreting this wording
Expired temporary certificates. A three-year nonrenewable temporary certificate may be issued to an applicant who held a temporary certificate but did not hold a temporary certificate for the school year immediately preceding the school fiscal year…
Jossie Calderon
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Can one still smoke (e-cigarettes) when smoking is prohibited?
In USA, mostly everywhere smoking has been prohibited for a pretty long time now. You cannot smoke in buildings, in libraries, in many city parks and bus stops, whilst dining or partying outside on a patio of a bar/nightclub in many cities, private…
cnst
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What does in between them mean?
An applicant seeking registration to act as a trustee shall have in its employment a minimum of two persons who, between them, have atleast five years experience in activities related to securitisation and atleast one among them shall have a…
UNKNOWN
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in whose favour does literal construction or plain meaning rule usually work?
It has been said that this rule of statutory interpretation is the most neutral rule in that the legislative intent isn't considered and therefore the role of courts is restricted to impartial judgements rather than taking the side of the lawmakers.…
user49663
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what is the meaning and implication of this phrase?
No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force
does this neccesarily mean that if there is…
LawQuestion
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does a purposive approach of statuary construction neccesarily always favour a state in a trial?
the purposive approach choses the interpretation that furthers the purpose of a legislature. but does it take into account things like if a broadly worded law was intended to he applicable to particular cases or not (example if such a case was…
user49663
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p 129 of Gustav Radbruch's Einführung in Die Rechtswissenschaft
My local library doesn't subscribe to PhilPapers. Anyone here have it pls? No library near me has this German book.
Robert Schütze. European Union Law 2 ed 2018. p. 211. All emboldenings are mine.
Pls see the tag line beside the red arrow
In the…
user89