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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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I also like CLS for liberal clerking. approx 41 FCOA clerks per yr
It's there if I excel. if not then I'm chill with sticking to BL
texaslawhopefully
15:41
CLS is not even close to Chicago for clerking lmao
choosingpeace
15:41
wait would yall pick CLS or penn?
I didn't apply to either but I would pick penn
15:42
penn bc im in state
no no it's not. But I wouldn't clerk conservative, so idk about Chi #s for myself
cumsock
15:42
Penn
texaslawhopefully
15:42
I guess that's fair. From what I've heard UChicago for conservatives is on par w/ HYS for clerkships
texaslawhopefully
15:42
not sure about for liberals
cumsock
15:43
They’re very similar tho
cumsock
15:43
Both t6 ivies
Is that NYU disrespect???? NYU out the t-6?
15:44
Penn because my college friends who mentored me go there
lilypadfrog
15:45
NYU is a t6 unless they don’t accept me and then idgaf what they’re ranked
texaslawhopefully
15:46
That's the best mentality
texaslawhopefully
15:46
If I get into UChicago it will be CYS
lilypadfrog
15:48
waspy I’m sure he meant to clarify that CYS is Cornell Yale Stanford
yeah just making sure
I look really good in blue tho
obviously cornell is t3
cumsock
15:49
someone from my undergrad is going to columbia for a masters in social work and the way they are talking to me im pretty sure they think thats as hard to get accepted to as columbia law
every prof at cornell glazes it so hard
GreyCeaselessMammoth
15:50
i know so many heads going to various schools for random masters degrees and its like babe its not the sameeee
cumsock
15:50
"The acceptance rate for the Master of Science in Social Work (MSW) program at Columbia University is 74%" does he know?
15:50
@cumsock: some battles are won by avoiding fighting them
cumsock
15:51
im not i just wish normies knew its not the same
Trismegistus
15:51
i need chicago so badly
15:51
for suresies
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