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Simple English definitions for legal terms

ut res magis valeat quam pereat

Read a random definition: negative prescription

A quick definition of ut res magis valeat quam pereat:

Term: UT RES MAGIS VALEAT QUAM PEREAT

Definition: This Latin phrase means "to give effect to the matter rather than having it fail." It is used when there are different interpretations of a document, and one interpretation would achieve the purpose of the document while the other would make it useless. The interpreter should choose the interpretation that gives effect to the document's purpose.

A more thorough explanation:

Definition: Ut res magis valeat quam pereat is a Latin phrase that means "to give effect to the matter rather than having it fail." It is a maxim of construction applied when alternative readings are possible, one of which (usually the broader reading) would achieve the manifest purpose of the document and one of which (usually the narrower reading) would reduce it to futility or absurdity, whereby the interpreter chooses the one that gives effect to the document's purpose.

Example: A company's employee handbook states that "employees are entitled to a 30-minute lunch break." An employee argues that this means they are entitled to exactly 30 minutes for lunch and cannot take longer. However, the company argues that the purpose of the policy is to ensure that employees have adequate time to eat and rest during their workday. Therefore, the broader reading of the policy would be that employees are entitled to at least 30 minutes for lunch, but they can take longer if needed to fulfill the purpose of the policy.

This example illustrates how the maxim of ut res magis valeat quam pereat is used to interpret ambiguous language in a way that gives effect to the purpose of the document. In this case, the purpose of the employee handbook is to ensure that employees have adequate time to eat and rest, so the broader reading of the policy is chosen to achieve that purpose.

ut prosint ad veritatem indagandam | ut res valeat potius quam pereat

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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