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Judicial Interpretation of Statutes and Contracts


Judicial Interpretation of Statutes and Contracts - Florida Courts

of Statutory Text. • Tools and Resources for Interpreting Statutes and Contracts. • Special Considerations in Contract Interpretation. • Group ...

Interpreting statutes and contracts: What are the differences? Part II

But perhaps the most important difference in practice between statutory and contractual interpretation is that the courts are more willing to give effect to ...

Interpreting statutes and contracts: What are the differences? Part I

First, a statute is a unilateral act. It is imposed by the legislature on citizens. It is consensual only in the limited sense that, in a constitutional ...

Statutory Interpretation: Theories, Tools, and Trends - CRS Reports

As a practical matter, judicial opinions interpreting statutes necessarily ... Legislative history shows the extent of agreement.”). For an ...

72. Principles Of Contract Interpretation - Department of Justice

In construing the terms of a contract, however, the parties' intent must be gathered from the instrument as a whole in an attempt to glean the meaning of terms ...

Statutory Interpretation: General Principles and Recent Trends

Judicial interpretation of the meaning of a statute is authoritative in the matter before the court. Beyond this, the methodologies and ...

The (Not So) Plain Meaning Rule | The University of Chicago Law ...

Many tenets of statutory interpretation take a peculiar form. They allow consideration of outside information—legislative history, practical consequences, ...

CANONS OF CONSTRUCTION (adapted from Scalia & Garner)

... statute is susceptible to more than one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. In the ...

Interpretation of statutes and contracts

Interpretation of statutes and contracts ... Where the language of a written contract is ambiguous, evidence is admissible to construe its meaning ...

Judicial Interpretation of Statutes

the constitution, and determine the meaning of language in a contract or law. This publication discusses the role the courts play in interpreting statutes.

Interpretation and Construction in Contract Law

“Under statutory rules of contract interpretation, the mutual intention of the parties at the time the contract is formed governs interpretation ...

Statutory interpretation - Wikipedia

Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case ...

Statutory Interpretation: Theories, Tools, and Trends - CRS Reports

As a practical matter, judicial opinions interpreting statutes necessarily shape the way ... Legislative history shows the extent of agreement.”).

Rules of Statutory Construction - Supreme Court of the United States

with the general presumption that a statutory term has its common-law meaning. ... Replace the majority of federal law with contract law. .6.1.2. Transcend ...

Pernicious Ambiguity in Contracts and Statutes - BrooklynWorks

Part II describes situations in which the problem of pernicious ambiguity arises in both statutory and contrac- tual interpretation. Courts are not of a single ...

Contracts, Constitutions, and Getting the Interpretation-Construction ...

“Under statutory rules of contract interpretation, the mutual intention of the parties at the time the contract is formed governs interpretation.” AIU Ins. Co.

The Federal Common Law of Statutory Interpretation: Erie for the ...

13 In the context of both contract and constitutional interpretation, for instance, federal courts routinely create precedential, legal doctrines for federal ...

Towards a Grand Theory of Interpretation: The Case of Statutes and ...

This paper compares these trends and the common features evident in judicial observations about contractual and statutory interpretation.

Listing the Canons of Construction By Stephen Adams

respect, a court shall limit or modify the agreement or ... language resulted from the guidance of a statute dealing with general statutory interpretation.

The Law of Interpretation - Chicago Unbound

These rules are familiar in private law (consider the contra proferentem rule for contracts),174 and they're found in statutory inter- pretation too. Public ...