Questions tagged [interpretation]
102 questions
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Is "legalese" a thing in languages other than English?
The idea of legalese needs little introduction. An archaic professional jargon that has developed in the English-speaking world over hundreds of years, it has been largely preserved and sustained by lawyers both due to inertia and a desire to speak…
Robert Columbia
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Is the typo in the 25th amendment significant?
The fourth section of the 25th amendment to the US constitution provides for the president to be declared unfit involuntarily. The first of its two paragraphs describes the declaration itself, made by the vice president along with "a majority of…
phoog
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What happens if a law contains an error of fact?
If a law is passed that contains a demonstrably false statement or assumption about the world, how is it generally interpreted?
For example, laws will often list a category of things, and then give examples of specific things in the category. It is…
interfect
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Does a politician’s promise to "overthrow" the current system and replace it with a “Socialist World” rise to treason?
18 USC §2381 Treason.
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be…
Mike Kady
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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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How to interpret or parse this confusing 'NOT' and 'AND' legal clause
In the following legal clause:
They shall not confer the right to attend any meeting of members and
to exercise one vote for every share held.
Does the NOT negates both ANDs as in:
They shall not [confer the right to attend any meeting of…
Anthony
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How widely is "where failure could result in death, injury, or damage" interpreted?
Crowdstrike, whose Falcon Platform is responsible for significant disruption, has in their Terms and conditions:
The offerings and CrowdStrike tools are not fault-tolerant and are not designed or intended for use in any hazardous environment…
User65535
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Are judges obliged to obey precedent?
Say that judge Fern was the First to encounter a certain case where Law L could be considered relevant. Fern is more of a judicial activist and believes in an expansive interpretation of the law, so interprets L in a way that's borderline creating…
chausies
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Is there a definition/test for "lack of merit" (legal arguments)?
Say in Bob v Rob there is a legal argument about how the law applies to a certain factual situation.
Bob interprets/applies the applicable law one way. Rob — a different way. Both sound reasonably serious and well-thought, not frivolous. Both…
Greendrake
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Do not pass or assist another vehicle to pass you by using this lane
Could someone confirm if "do not pass or assist another vehicle to pass you by using this lane" means:
Do not pass another vehicle by using this lane, and
Do not assist another vehicle to pass you by using this lane
Maurice
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"the necessity therefore"
I am reading a law reference book and finding this line somewhat ambiguous.
If the Grantor timely objects to any disbursement, or the reasonableness thereof, or the necessity therefore, no such disbursement or similar disbursement shall be made in…
Eddie Kal
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If legislative intent is considered when interpreting laws, why don't lawmakers attach a note to the law explaining their intentions?
When a judge is deciding whether a law applies to a particular case, they often look at historical documents or transcripts of legislative proceedings to determine whether the lawmakers would've intended the law to apply in this case. For instance…
Hemsy19
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Meaning of the new German energy saving ordinance
In light of the current Ukraine crisis and and the uncertainties of the supply with natural gas the German government recently published an ordinance aimed at saving energy, official text unfortunately only in German. I have a question on the…
quarague
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Is there ever any consultation between judiciary and legislative draftspeople?
Often one sees judges attempting speculatively to infer legislators' intents by reasoning about their language. Yet nonetheless the objective seems to be to ascertain the legislators' original intentions.
If they really wanted to do this, it seems…
JosephCorrectEnglishPronouns
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Interpretation of EU legislation
The European Union has 24 official languages, and EU legislation is published in all of them. How does the court resolve inconsistencies in interpretation that might arise because of mistranslations, or because of different connotations that a word…
phoog
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