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LSDefine

Simple English definitions for legal terms

literal rule

Read a random definition: furca et fossa

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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18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
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