It is therefore not genuine interpretation. Where the terms of a contract are capable of two significations, we ought to understand them in the sense which is most agreeable to the nature of the contract. U uphold - The decision of an appellate court not to reverse a lower court decision.
Supreme Court of Alaska: We ought to interpret one clause by the others contained in the same act, whether they precede or follow it. Docket A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. United States or Coco v The Queen.
The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. Deference[ edit ] Deference canons instruct the court to defer to the interpretation of another institution, such as an administrative agency or Congress.
Legislation may contain uncertainties for a variety of reasons: This includes artful interpretation, interpretatio vafcr. Judge An official of the Judicial branch with authority to decide lawsuits brought before courts.
They are ambiguous and change in meaning over time. The offices of a judge and his or her staff. TaylorU. The United States is not a party to the treaty, but the Vienna Convention is assumed to be a codification of obvious rules so the Convention is likely to be applied by the United States as well.
These canons reflect an understanding that the judiciary is not the only branch of government entrusted with constitutional responsibility. In case of doubt, a clause ought to be interpreted against the person who stipulates anything, and in discharge of the person who contracts the obligation.
Here, the term "other dangerous weapons" must be given a meaning of the "same kind genus " as the words of established meaning. The modern avoidance canon tells the court to choose a different interpretation when another interpretation merely raises constitutional doubts.
A reversal is often followed by a remand.
Damages may be compensatory for loss or injury or punitive to punish and deter future misconduct. Chapter 15 The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. Germans prefer a "grammatical" literal interpretation, because the statutory text has a democratic legitimation, and "sensible" interpretations are risky, in particular in view of German history.A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Adversary proceeding A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.
Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication.
Cf. ex tunc.
Latin meaning "for the sake of argument," used by lawyers i argumentative adj. the characterization of a question asked by the opposing att. ALM's wine-cloth.com online Real Life Dictionary of the Law.
The easiest-to-read, most user-friendly guide to legal terms. Use it free! Definition of INTERPRETATION: The art or process of discovering and expounding the intended signification of the language used iu a statute, will, contract, or any other written document, that is, the meaning which the author designed it to convey to others.
lows: Legal interpretation is a rational activity that gives meaning to a legal text. 3 The requirement of rationality is key—a coin toss is not interpretive activity.Download