Legal Definitions - literal rule

The literal rule is a principle of statutory interpretation used by judges to understand and apply laws. When applying the literal rule, judges give the words in a statute their plain, ordinary, and grammatical meaning. This means they focus strictly on what the law *says*, rather than trying to infer what the law *might have meant* or what would lead to a more "fair" or "sensible" outcome. The belief is that the legislature's intent is best expressed through the exact words it chose, and it is not the court's role to second-guess or rewrite those words.

• Example 1: Public Park Ordinance

  Imagine a local ordinance that states, "No dogs are permitted in the public park." A person brings a guide dog, which is a service animal, into the park. If a judge were to apply the literal rule, they would interpret "dogs" to include all dogs, without exception, because the plain meaning of the word "dog" encompasses service animals. The judge would not consider the specific purpose or training of the guide dog, nor would they try to infer whether the lawmakers intended to exclude service animals from the ban. The strict wording of the ordinance would govern the decision.

• Example 2: Contractual Deadline

  Consider a business contract that specifies, "All claims for damages must be submitted in writing to the company's legal department via certified mail within 30 days of the incident." A client suffers damages and sends an email to the legal department on the 29th day, outlining their claim. If a court applies the literal rule to this contract clause, it would likely find the claim invalid. The contract explicitly requires submission "via certified mail," and an email, while a form of writing, does not literally meet the "certified mail" requirement. The court would prioritize the exact method of submission stated in the contract, even if the email effectively communicated the claim.

• Example 3: Building Code Specification

  Suppose a building code regulation mandates that "all stair railings must be constructed with vertical balusters spaced no more than 4 inches apart." A builder constructs a railing using horizontal bars spaced 3 inches apart, believing this design is equally safe or even more aesthetically pleasing. If a building inspector or court applies the literal rule, they would find the builder in violation. The regulation specifically requires "vertical balusters" and, even though the horizontal bars are spaced within the safety limit, they do not literally match the "vertical" requirement. The precise wording of the code, rather than the builder's interpretation of its underlying safety objective, would be enforced.