Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

ut res magis valeat quam pereat

Read a random definition: executive clemency

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
21:46
@Dkk: one of the most deranged documents i've ever had the displeasure of reading
lilypadfrog
22:03
sometimes I go into fight or flight mode until I get all my work done
i call that locking in
Dkk
22:29
@info-man: Indeed!
22:43
No movement today
23:12
Windy wya
LSD+ is ad-free, with DMs, discounts, case briefs & more.