Questions tagged [statutory-construction]

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LawTech: How to systematically express Positivist-Law frameworks as control flow algorithm systems and automate statutary-construction analysis? [closed]

I'm a brick-and-mortar engineer with very cursory coding experience (pseudo-code algorithms, formal logic gates in printed circuits, and Matlab/Simulink), studying to be a Civil Servant in a Romance ...
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2 answers
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Can Congress provide a binding interpretation of the USA Constitution by statute?

The Eight Amendment of the USA Constitution forbids the imposition of "cruel and unusual punishment". Can Congress enact a statute which says "The death penalty is cruel and unusual&...
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2 votes
3 answers
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Is the United States federal income tax an indirect tax under the 5th amendment?

I'm no American citizen, so I don't know that much about all the ins and outs of the Constitution. I've been watching a movie where one of the characters called the federal income tax "...
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3 votes
3 answers
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What is the exact meaning of this Article about loss of liability limitation?

The Article below comes from a Convention. I am confused about the exact meaning of its last part: A person liable shall not be entitled to limit his liability if it is proved that the loss resulted ...
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What does "in particular" mean in EU legislation?

The context of this question is the Schengen Borders Code, but the question itself is about the underlying principle of interpretation, so reference to interpretations of other texts in judicial ...
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Resolving question of conflict of Laws

In a dispute with a government department it appears there are 2 laws which conflict. The defendant is accused of wrongdoing under the law in question. Is this kind of matter something that can be ...
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What is the precise number of black racial groups of Africa? [closed]

Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity; Notices Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices, Page 58789 at ...
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1 answer
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Party Wall Act - unclear interpretation of party fence wall definition?

I'm looking at sections 1(1)(b) and 20 of the Party Wall Act, and they just don't make sense to me, definitionally. Problem #1: s.20 seems to provide an impossible or meaningless definition s.20: “...
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How can Loose Constructionism befit narrower interpretations and judicial self-restraint?

Source: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top. p. 191   [2.] "Strict construction" can mean interpreting statutes (and other documents to which legal significance ...
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'Strict construction' vs. 'plain meaning' vs. 'textualism' vs 'originalism' vs 'original intent' [closed]

Wikipedia propounds 1. 'original intent'. The other 3 terms are from: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top. p. 191   My last example of traditional legal reasoning ...
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Can "evidence of registration" be a "certificate of registration"?

8 CFR 264.1 states that a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration Does that mean that such a stamp also constitutes &...
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What would this VA bill have done?

Virginia's 2012 HB 1 sought to define personhood as beginning at conception: § 1. The life of each human being begins at conception. § 2. Unborn children have protectable interests in life, ...
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What the prosecutor need to proof to proof blasphemy case in Ahok case

Indonesian Christian governor are jailed for blasphemy https://www.nytimes.com/2017/05/09/world/asia/indonesia-governor-ahok-basuki-tjahaja-purnama-blasphemy-islam.html https://translate.google.com/...
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3 votes
1 answer
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Meaning of the word "person" and "individual" under U.S. law

How does the U.S. define the word "person" in the statutory sense? I know the Dictionary Act defines it as an "individual" or a corporation, corporate body, but that leaves open the question, what is ...
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4 votes
1 answer
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What does "cause" mean in this law?

A bill was introduced in the Iowa legislature which gives an instruction to the Board of Regents (which governs seven specific institutions). Relevant background information is that people registered ...
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1 vote
1 answer
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Exceptions to Article VI's Supremacy Clause for private party contracts

We have an old (2005) contract template. It contains a sentence in a section referring to governing federal laws, Such [federal] laws and regulations shall take precedence over the substantive laws ...
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2 answers
202 views

Meaning of "any"

If a law says that every member of a certain class of people must keep "any" of a list of documents that might be issued to them, does that mean that such people must keep all of those documents, if ...
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1 vote
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When do terms end when the statute specifies only that the official "shall" be chosen or elected each year/biennially etc?

I've got two officials I'm using as examples in particular. One is the Attorney General of the State of Maine. According to the Maine Constitution: The Attorney General shall be chosen biennially ...
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5 votes
1 answer
304 views

What happens when two conflicting laws both say "notwithstanding any other provision of law..."?

What happens when two conflicting laws both say "notwithstanding any other provision of law..."? Notwithstanding any other provision of law, you shall pay me all of your money. Notwithstanding any ...
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1 vote
1 answer
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Authority vs Authorization, are they the same?

This may be more of a grammatical/english question, but is there likely to be any dispute that there is a difference between the two words? Compare: Eg.1 Words giving authority to a group authorize ...
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