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Simple English definitions for legal terms

operative construction

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A quick definition of operative construction:

Operative construction refers to the way in which a written agreement or law is understood and applied by the people who are using it. This can include things like contracts, patents, and regulations. It is important to interpret these documents correctly so that everyone involved knows what they are supposed to do. Sometimes, a court or government agency will need to make a decision about how to interpret a law or regulation, and their decision is usually given a lot of respect unless it seems unfair or unreasonable.

A more thorough explanation:

Definition: Operative construction refers to the interpretation of a written agreement, such as a contract, statute, or regulation, that is being relied upon by the parties involved, a court, or an administrative agency. It can also refer to the working embodiment of an invention, which is used to conceptualize how the invention will work rather than to create a working model. Additionally, it is the doctrine that the interpretation of a statute or regulation made by an administrative agency charged with enforcing it is entitled to judicial deference unless it is arbitrary and capricious.

  • When two parties sign a contract, they both rely on the operative construction of the terms and conditions outlined in the agreement.
  • In the field of patents, an inventor may create a working embodiment of their invention to better understand how it will function, even if it is not a fully functional model.
  • If an administrative agency is responsible for enforcing a regulation, their interpretation of that regulation is given deference by the courts unless it is deemed to be arbitrary and capricious.

These examples illustrate how operative construction is used in different contexts to interpret written agreements, conceptualize inventions, and enforce regulations.

operative clause | operative performance bond

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glovediedthisishismom
13:42
what if desantis appoints lara trump and matt gaetz to be floridas senators
Dkk
13:42
Sounds good to me
HopefullyInLawSchool
13:43
@glovediedthisishismom: What if he appoint Ym instead?
HELP
every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
13:53
i just wanna rock
glovediedthisishismom
13:53
bodyadaya
13:53
let it rock
14:17
How are the vibes heading into thanksgiving yall?
HopefullyInLawSchool
14:17
@Law-Guy Im feeling kinda happy I applied YM to UCI hoping it helps (:
Wanna give some head
soap
14:18
Cornell
14:19
@HopefullyinLawSchool What's YM?
14:19
oh no
HopefullyInLawSchool
14:19
you mom
WorthlessAttractiveZombie
14:19
Ouch
HopefullyInLawSchool
14:19
your*
14:19
I fear I realized too late
babycat
14:20
another victim claimed
concorde
14:22
pwned
14:22
Might have to send in addendums for that
Dkk
14:26
No wave, so sad.
WorthlessAttractiveZombie
14:28
What are the odds that berk releases later today?
babycat
14:28
@Dkk: And here I thought you were a prophet. Smh.
14:33
@WorthlessAttractiveZombie: 4
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