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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - means
Definition of means
In legal contexts, the term means can refer to two distinct concepts:
Financial Capacity or Resources: This refers to a person's available financial assets, income, and overall ability to pay debts, support themselves, or meet other financial obligations. It often determines eligibility for certain benefits or the extent of financial responsibility.
Example 1 (Child Support): When a court determines child support payments, it will assess each parent's means, considering their salary, investments, and other assets, to ensure the support order is fair and sustainable.
Explanation: Here, "means" directly refers to the parents' financial resources and capacity to provide monetary support for their children.
Example 2 (Eligibility for Public Assistance): An individual applying for government housing assistance or food stamps must demonstrate that their financial means fall below a specific income and asset threshold to qualify for aid.
Explanation: This illustrates "means" as the financial resources an individual possesses, which are used to determine their eligibility for a service based on financial need.
Method or Instrument: This refers to the way, method, or tool used to achieve a particular outcome or purpose.
Example 3 (Contractual Dispute Resolution): A business contract might specify that any disputes between the parties must be resolved through the means of binding arbitration rather than traditional court litigation.
Explanation: In this scenario, "means" refers to the specific method or process (arbitration) chosen by the parties to resolve disagreements.
Simple Definition
In legal contexts, "means" primarily refers to a person's available financial resources, such as income or assets, often considered in relation to their ability to pay debts or provide support. It can also denote a method, instrument, or cause employed to achieve a specific objective or outcome.