Legal Definitions - construe

Construing

To construe means to carefully analyze and determine the precise meaning and intent behind a written document, such as a law, contract, or will. This process often involves applying established rules and principles of interpretation to understand what the text truly signifies, especially when the language is ambiguous or its application to a specific situation is unclear. When courts construe a law, they are essentially figuring out what the law means and how it should apply, rather than creating new law.

Here are some examples:

• Contract Dispute: Imagine a business contract for software development states, "Final payment is due upon project acceptance." The client believes "project acceptance" means their formal written approval after a 30-day testing period, while the developer argues it means the moment the software is delivered and installed. A judge would need to construe the term "project acceptance" by examining the entire contract, industry standards for software development, and any communications between the parties to determine the intended meaning and when payment is legitimately due.

• Statutory Interpretation: Consider a local ordinance that prohibits "loud noises after 10 PM in residential areas." A resident is cited for playing a musical instrument loudly at 11 PM. They argue that "loud noises" is subjective and their instrument isn't as loud as, say, a party. A court would have to construe the phrase "loud noises" within the context of the ordinance's purpose (e.g., ensuring peace and quiet for residents) and potentially refer to decibel limits or community standards to determine if the instrument playing violated the law.

• Will Interpretation: Suppose a will includes a clause stating, "All my remaining assets shall be divided equally among my living descendants." The deceased had children, grandchildren, and great-grandchildren. Some heirs might argue "living descendants" only includes the direct children, while others contend it encompasses all generations. A probate court would need to construe the phrase "living descendants" by looking at the overall intent of the will, legal definitions of kinship, and any other relevant information to ensure the assets are distributed according to the testator's true wishes.