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estate. Landed property, tenement of land, especially with respect to an easement (servitude). 2 types: praedium dominans - dominant estate (aka dominant tenement) praedium serviens - servient estate (aka servient tenement) praeemptio. previous purchase. Right of first refusal. praesumptio. presumption.
Statutory interpretation is the process by which a court looks at a statute and determines what it means. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Although legislature makes the Statute, it may be open to interpretation and have ambiguities.
A contractual term is "any provision forming part of a contract ". [1] Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of ...
v. t. e. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
In constitutional law. A bill or promissory note issued by the government of a state or nation, upon its faith and credit, designed to circulate in the community as money, and redeemable at a future day. [7] C. Canon. A law, rule, or ordinance in general, and of the church in particular. An ecclesiastical law or statute.
Jean-Jacques Rousseau, The Social Contract, II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what is law?" Analytical jurisprudence Main article: Analytical jurisprudence There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
v. t. e. An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function.