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Last Antecedent Rule
The last antecedent rule is a controversial rule for interpreting statutes and contracts. The rule is that "Referential and qualifying phrases, where no contrary intention appears, refer solely to the last antecedent." There are examples of judges both applying and rejecting use of the rule under similar facts. The rule is typically bound by "common sense" and is flexible enough to avoid application that "would involve an absurdity, do violence to the plain intent of the language, or if the context for other reason requires a deviation from the rule." Further qualifications have been noted to application of the rule:' An alternate and more formulaic approach to the rule requires, inflexibly, that "Evidence that a qualifying phrase is supposed to apply to all antecedents instead of only to the immediately preceding one may be found in the fact that it is separated from the antecedents by a comma." Kenneth A. Adams, author of ''A Manual of Style for Contract Drafting'', has criticiz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...s, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jabez G
Jabez or Jabes is a character in the biblical Books of Chronicles. Jabez may also refer to: Mononym * Eric Nicol (1919–2011), Canadian author, wrote under the pen-name "Jabez" Given name People *Jabez Balfour (1843–1916), British businessman, Liberal Party politician and fraudster * Jabez A. Bostwick (1830–1892), American businessman who was a founding partner of Standard Oil *Jabez Bowen, Jr. (1739–1815), a deputy governor of Rhode Island, militia colonel during the American Revolutionary War and Chief Justice of the Rhode Island Supreme Court * Jabez Bryce (1935–2010), Anglican Archbishop of Polynesia and the first Pacific Islander to become an Anglican bishop * Jabez Bunting (1779–1858), English Methodist * Jabez Burns (1805–1876), English nonconformist divine and Christian philosophical writer * Jabez Coon (1869–1935), member of the Australian House of Representatives *Jabez Lamar Monroe Curry (1825–1903), lawyer, soldier, U.S. Congressman, college professor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Style Guide
A style guide or manual of style is a set of standards for the writing, formatting, and design of documents. It is often called a style sheet, although that term also has multiple other meanings. The standards can be applied either for general use, or be required usage for an individual publication, a particular organization, or a specific field. A style guide establishes standard style requirements to improve communication by ensuring consistency both within a document, and across multiple documents. Because practices vary, a style guide may set out standards to be used in areas such as punctuation Punctuation (or sometimes interpunction) is the use of spacing, conventional signs (called punctuation marks), and certain typographical devices as aids to the understanding and correct reading of written text, whether read silently or aloud. A ..., capitalization, citing sources, formatting of numbers and dates, Table (information), table appearance and other areas. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusion Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possessive Antecedent
In English grammar, a pronoun has a possessive antecedent if its antecedent (the noun that it refers to) appears in the possessive case; for example, in the following sentence, ''Winston Churchill'' is a possessive antecedent, serving as it does as the antecedent for the pronoun ''him'': :Winston Churchill's history shows him to have been a good writer. In the 1960s, some usage guides started to reject the use of possessive antecedents. These guides argue that a pronoun's antecedent cannot be a noun in a possessive construct; in this case, they contend that ''Winston Churchill'', embedded as it is in the construct ''Winston Churchill's'', cannot serve as the antecedent for the pronoun ''him''. The basis for this contention is that a pronoun's antecedent must be a noun, so that if ''Winston Churchill's'' is an adjective, then a pronoun cannot refer back to it. This rule does not reflect ordinary English usage, and it is commonly ignored (intentionally or otherwise) even by those who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Syntax
In linguistics, syntax () is the study of how words and morphemes combine to form larger units such as phrases and sentences. Central concerns of syntax include word order, grammatical relations, hierarchical sentence structure (constituency), agreement, the nature of crosslinguistic variation, and the relationship between form and meaning ( semantics). There are numerous approaches to syntax that differ in their central assumptions and goals. Etymology The word ''syntax'' comes from Ancient Greek roots: "coordination", which consists of ''syn'', "together", and ''táxis'', "ordering". Topics The field of syntax contains a number of various topics that a syntactic theory is often designed to handle. The relation between the topics is treated differently in different theories, and some of them may not be considered to be distinct but instead to be derived from one another (i.e. word order can be seen as the result of movement rules derived from grammatical relations) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Legal Terminology
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law Legal Terminology
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the minds ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
