Questions tagged [interpretation]
The interpretation tag has no usage guidance.
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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 ...
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How are federal regulations interpreted by agencies and courts?
I see lots of published literature on statutory interpretation but very little to no material on interpreting federal regulations. How do agencies, courts, lawyers interpret the regulations in the ...
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What happens when a ballot measure is incorrectly drafted, but passes anyway?
Many jurisdictions allow for legislation by referendum, where laws can be created or amended by public vote. In such cases, the text of the proposed legislation is usually printed on the ballot, so ...
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Fischer v. United States defense arguments based on literal reading of "Obstructing an official proceeding" vs "What they actually meant was..."?
Oral arguments for Fischer v. United States (Docket No. 23-5572) were recently heard at the US Supreme court, and there have been written filings as well.
Wikipedia's Obstructing an official ...
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Does the legal definition of prostitution exclude gifts as a type of “fee”?
This is a really interesting and great question:
Hypothetically walking the line between pornography and prostitution
I wanted to add one question to the general one of where the conceptual “boundary” ...
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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 ...
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Is a party to a contract who writes it using an LLM considered the author?
Bob is selling a vehicle to Alice. He asks ChatGPT to write a contract, and it does, for some reason, write it. (It has filters in place to prevent users from writing legal documents, but these ...
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What is the difference between “by” and “under” an act?
E.g. s149(1)(a), Equality Act 2010 says:
A public authority must, in the exercise of its functions, have due regard to the need to—
(a)eliminate discrimination, harassment, victimisation and any ...
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Why are "sex" and "place of birth" omitted in some of the clauses of the Indian constitution?
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against
any citizen on grounds only of religion, race, caste, sex, ...
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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 ...
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What is the disposal of premises?
Part 4 Equality Act 2010 makes extensive references to the disposal of premises. What specifically does this concern?
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What is the judicial rationale for introducing the grainger test to qualify beliefs?
Section 10 Equality Act 2010 seems very clear that “belief means any religious or philosophical belief”. (Emphasis added)
Yet, the employment tribunal in Grainger set down a five limb test which ...
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What are non-physiological aspects of sex?
Section 7(1) equality act 2010 refers to “physiological or other aspects of sex.”
What are these other aspects of sex? In other words, what does this “or other” clause refer to?
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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 ...
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What does in between them mean?
An applicant seeking registration to act as a trustee shall have in its employment a minimum of two persons who, between them, have atleast five years experience in activities related to ...
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Would gagging fall within the scope of Indian Penal Code (IPC) section 375?
List item
IPC section 375 states
A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so ...
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Would manga fall within POCSO, section 15?
Section 15 Protection of Children from Sexual Offences Act, 2012 includes this:
Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be ...
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Are there any legal doctrines like the absurdity doctrine that tend to correct legislative undersight or oversight?
Absurdity doctrine is a doctrine used by courts to ignore the plain meaning of a law in cases where the plain meaning would in the court's opinion lead to absurd results. Are there any similar ...
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How are business days to be counted?
Legally consequential instructions direct one on Wednesday the 3rd to submit something within 7 business days, and to expect a response within 7-10 business days. Are the weekend days of the 6th and ...
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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 ...
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does a purposive approach of statuary construction neccesarily always favour a state in a trial?
the purposive approach choses the interpretation that furthers the purpose of a legislature. but does it take into account things like if a broadly worded law was intended to he applicable to ...
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in whose favour does literal construction or plain meaning rule usually work?
It has been said that this rule of statutory interpretation is the most neutral rule in that the legislative intent isn't considered and therefore the role of courts is restricted to impartial ...
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what are the provisions in India's law that deal with interpretation of statutes?
There's a wide body of laws I've skimmed through -- such as Indian penal code, code of criminal procedure and Indian evidence act -- but none seem to have any provisions relating to rules of ...
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What is the consensus on retrospective operation of judgments?
I am working on a project whereby I in a particular section I am required to argue against the possible retrospective operation of a judgment of the Supreme Court of a fictional nation. Since there is ...
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When the yellow lights (on a sign?) are flashing, the driver must reduce speed to a maximum of 30 km/h and yield or stop for pedestrians
Is the following statement saying that when the yellow lights on the sign (see below) start flashing, caution is required? I asked the question because they don't look "electronic" to me. ...
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What is "emergency relief" in the context of a Non Disclosure Agreement
I am a contractor (the "Advisor" in the contract) and one of my potential clients (the "Client") put a Non-Disclosure Agreement under my nosethat has the following clause (section ...
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do Judges have the power to interpret a law contrary to the drafters intent?
From what I see, a judiciary has the power to interpret laws and they don't need to interpret it with regard to the intent of the legislature neccesarily and they can apply standards of fairness in ...
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What is the scope of Indian Penal Code section 354?
The Indian Penal Code (IPC) section 354 criminalises criminal force or assault with the intent to outrage a woman's modesty. What does this cover? Is this broad? And does it apply equally in all ...
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What is the effect of FTT judges also “being” county court judges by virtue of s5(2)(t) CCA1984?
Under section 5(2)(t), County Courts Act 1984, judges of the tribunals are stated to be also judges of the county court. What does this mean in terms of effects? What consequential implications does ...
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"Procurement" in The Immoral Traffic (Prevention) Act, 1956 and its relation to extortion
the immoral traffic prevention act which deals with prostitution laws has some provisons specifically
Section 5 of the above Act states:
Procuring, inducing or taking person for the sake of ...
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FOIA to Office of Parliamentary Counsel to gain insight to the intentions of statutory minutiae
Has it ever been done to FOIR the office of parliamentary counsel to find out whether certain minute idiosyncrasies judged by courts to be nonetheless unequivocal so as to reflect intentional ...
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Can courts consider hansard transcripts in interpreting statutes?
When a court is trying to decide the meaning of a law, can it consider the discussions which begot it?
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what is the meaning and implication of this phrase?
No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in ...
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How are multiple and/or clauses in contracts interpreted?
If a contract includes multiple and/or statements, how are these generally interpreted?
For example when defining the competing fields in a hypothetical non-compete clause as
in the field of ...
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What does the phrase "in this act unless context requires otherwise" mean?
Various Commonwealth countries, like Malaysia, Singapore and India, use this phrase in sections which include definitions or explanation of a law. What does it mean? E.g., Article 13 of the Indian ...
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How illegal is it to give your prescription medicine to another person (in any amount)?
Is it expressly illegal to give even one pill of a prescription medicine you have to another person? If so, what law says this, and under what terms? If not, what are the minimum terms, for example, ...
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Interpretation of 'wrongly detained' goods in English law
If a party applying for a court order alleges that another party has 'wrongly detained' goods, how can/should this be interpreted. It was written in the context of:
Given that defendant has wrongly ...
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Are objects such as Rubiks Cube and Smiley faces really forbidden for use?
I am a designer and a part time web developer. I recently designed a web UI for a pet project of mine and before going public consulted my legal advisor. To my surprise, my advisor recommended that I ...
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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 ...
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Must conflicts between different terms of a contract be resolved in favour of a consumer?
I’m inclined to recall that there was something or other in one of the statutory non exhaustive lists of example unfair contract terms that says this, but I can’t find the specific one that I’m ...
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Contradictory terms in a contract - which would prevail?
Suppose a lease agreement that was agreed and signed by both parties specifies the following:
Rent: £1,560.00 per calendar month (annual rent equals to eighteen thousand seven hundred and twenty ...
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Does the Posse Comitatus Act Apply To The U.S. Space Force?
In 1956, the Posse Comitatus Act was adopted. It made it a crime to use the Army to enforce U.S. law in the United States in the absence of an invasion or insurrection. (The law itself is discussed ...
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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 ...
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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 ...
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Why does Section 28 of the Canadian Charter of Rights and Freedoms prohibit sex discrimination redundantly?
In the Canadian Charter of Rights and Freedoms, Section 28 says:
Rights guaranteed equally to both sexes
28 Notwithstanding anything in this Charter, the rights and freedoms referred to in it are ...
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Whose meaning prevails in a consumer contract of adhesion?
A consumer calls his bank and requests that his account be closed.
The bank says that the account has been closed, and changes the status of the account such that the account can no longer be used to ...
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Can the US Congress or Executive unilaterally change interstate compacts after they're established?
There are some notable compacts such as the Great Lakes compact, Atlantic Fisheries compact, etc… that seem to require a large amount of authority to enforce in practice.
Theoretically it makes sense ...
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What consitutes a violation of this Hawaii agricultural law?
When arriving onboard an airplane, every passenger is given out the Hawaii Agricultural Declaration Form that states the following:
YOU ARE REQUIRED BY STATE LAW TO FILL OUT THIS AGRICULTURAL ...
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How does the issue of premeditation factor in when the death penalty is considered for felony murder?
How does the fact that felony murder is at least in principle murder without premeditation, factor in when the issue of the death penalty is being considered as punishment for the crime? Surely the ...
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Conflicting Terms after Post-Merger of Companies
Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
