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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - ordinary assembly
Definition of ordinary assembly
The ordinary-meaning rule is a fundamental principle of legal interpretation. It dictates that when a word or phrase in a statute, contract, or other legal document is not explicitly defined within that document, a court will typically interpret it according to its common, everyday understanding. The purpose of this rule is to give effect to the most natural and widely accepted meaning of the language used, assuming that the drafters intended for the words to be understood as an average person would understand them. This approach helps ensure predictability and consistency in how legal texts are applied.
Here are some examples illustrating the ordinary-meaning rule:
Example 1: Statutory Interpretation
Imagine a city ordinance that prohibits "loitering" in public parks after sunset. A group of friends is found sitting on a park bench talking quietly after the sun has set, and they are issued a citation. The ordinance does not provide a specific definition for "loitering."
A court applying the ordinary-meaning rule would consider what "loitering" commonly means. In everyday language, "loitering" typically implies standing or waiting around idly or without apparent purpose, often in a way that suggests an illicit intent or causes a disturbance. Simply sitting and talking quietly might not fit this common understanding, leading the court to interpret the ordinance based on this ordinary meaning rather than a broader, undefined interpretation.
Example 2: Contractual Dispute
Consider a commercial lease agreement stating that the tenant is responsible for "routine maintenance" of the leased premises. A dispute arises when the landlord demands the tenant pay for a major repair to the building's HVAC system, arguing it falls under "routine maintenance." The contract does not define "routine maintenance."
Applying the ordinary-meaning rule, a court would interpret "routine maintenance" based on its common understanding in a business context. This typically refers to regular, minor upkeep tasks like changing air filters, cleaning, or minor repairs, not major system overhauls or replacements. Therefore, the court would likely rule that the HVAC repair falls outside the ordinary meaning of "routine maintenance" and is the landlord's responsibility.
Example 3: Insurance Policy Claim
A homeowner's insurance policy covers damage caused by "sudden and accidental" events. The homeowner discovers a slow leak in a pipe that has caused significant water damage over several months. The insurance company denies the claim, arguing the damage was not "sudden and accidental." The policy does not define these terms.
A court would apply the ordinary-meaning rule to interpret "sudden and accidental." In common parlance, "sudden" implies something happening quickly or unexpectedly, and "accidental" suggests an unforeseen event. A slow, months-long leak, while accidental in its origin, would likely not be considered "sudden" in its manifestation according to the ordinary understanding of the word, thus potentially supporting the insurer's denial based on the plain meaning of the policy terms.
Simple Definition
The ordinary-meaning rule is a principle of statutory interpretation stating that when a word in a statute or legal document is not explicitly defined, courts will interpret it according to its common, natural, and everyday understanding. This rule ensures that legal texts are understood as they would be by an ordinary person, and it is also known as the plain-meaning rule.