Tag: Comtruction
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Points
In the Past Marks in writing and in print, to show the stops that ought to be made in reading and to point out the sense. Developments Points are not usually put in legislative acts or in deeds: Eunom. Dial. 2, 33, p. 239; yet, in construing them, the courts must read them with such…
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Points
In the Past Marks in writing and in print, to show the stops that ought to be made in reading and to point out the sense. Developments Points are not usually put in legislative acts or in deeds: Eunom. Dial. 2, 33, p. 239; yet, in construing them, the courts must read them with such…
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In Mitiori Sensu
In the Past Formerly in actions of slander it was a rule to take the expression used in mitiori sensu, in the mildest acceptation; and ingenuity was, upon these occasions, continually exercised to devise or discover a meaning which by some remote possibility the speaker might have intended; […]
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In Mitiori Sensu
In the Past Formerly in actions of slander it was a rule to take the expression used in mitiori sensu, in the mildest acceptation; and ingenuity was, upon these occasions, continually exercised to devise or discover a meaning which by some remote possibility the speaker might have intended; […]
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Common Intent
In the Past The natural sense given to words. Developments It is a rule that when words are used which will bear a natural sense and an artificial one or one to be made out by argument and inference, the natural sense must prevail; it. is simply a rule of construction and not of addition…
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Common Intent
In the Past The natural sense given to words. Developments It is a rule that when words are used which will bear a natural sense and an artificial one or one to be made out by argument and inference, the natural sense must prevail; it. is simply a rule of construction and not of addition…
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Word
In the Past One or more syllables which when united convey an idea a single part of speech. Developments 2. Words are to be understood in a proper or figurative sense and they are used both ways in law. They are also used in a technical sense. It is a general rule that contracts (see…
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Ambiguity
Commentary on Ambiguity "In the context of statutory interpretation the word most frequently used to indicate the doubt which a judge must entertain before he can search for and, if possible, apply a secondary meaning is 'ambiguity'. In ordinary language this term is often […]
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Mitior Sensus
In the Past The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It…
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Mitior Sensus
In the Past The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the words, one of which would not be actionable the words were to be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It…
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Latent
In the Past That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter and he owned two white horses, the ambiguity in this case would…
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Latent
In the Past That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter and he owned two white horses, the ambiguity in this case would…
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Cy Pres
In the Past These are old French words, which signify "as near as." Developments In cases where a perpetuity is attempted in a will, the courts do not, if they can avoid it, construe the devise to be utterly void, but expound the will in such a way as to carry the testator's […]
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Reddendo Singula Singulis
In the Past By makeing each his own; for example, when two descriptions of property (see more about this popular legal topic in the U.S. encyclopedia) are given together in one mass, both the next of kin and the heir cannot take, unless in cases where a construction can be made reddendo […]
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Nonsense
In the Past That which in a written agreement or will is unintelligible. Developments It is a rule of law that an instrument must be so construed that the whole, if possible, must stand. When a matter is written grammatically right, but it is unintelligible and the whole makes nonsense, some […]