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LSDefine

Simple English definitions for legal terms

literal rule

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A quick definition of literal rule:

The literal rule is a way of interpreting laws or documents by only looking at the exact words used, without considering other sources. This means that judges must follow the exact wording of a law or document, even if it seems unfair or unreasonable. This approach is also called strict constructionism or textualism.

A more thorough explanation:

The literal rule is a doctrine of judicial construction that requires judges to interpret a document or statute according to its literal terms, without looking to other sources to ascertain the meaning. This means that the words of the law are given their plain and ordinary meaning, even if the result is harsh or absurd.

For example, if a statute says that "no vehicles are allowed in the park," the literal rule would prohibit all vehicles, including bicycles and wheelchairs, from entering the park. Even if this result seems unreasonable, the court would still apply the literal rule and enforce the statute as written.

Another example is the case of Fisher v Bell, where a shopkeeper was charged with offering for sale an offensive weapon, namely a flick knife. The statute made it an offense to "offer for sale" any offensive weapon, but the shopkeeper argued that he had not technically "offered" the knife because it was displayed in a shop window with a price tag. The court applied the literal rule and held that the shopkeeper had indeed offered the knife for sale, even though he had not actively solicited customers to buy it.

These examples illustrate how the literal rule can lead to strict and sometimes counterintuitive outcomes, but it is still an important principle of statutory interpretation that helps ensure consistency and predictability in the law.

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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