Simple English definitions for legal terms
Read a random definition: presumption of paternity
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.
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.
These examples illustrate how operative construction is used in different contexts to interpret written agreements, conceptualize inventions, and enforce regulations.