A principle used by courts in interpreting contracts that provides that the objective definitions of contractual terms are controlling, irrespective of whether the language comports with the actual intention of either party. The court then announced that it would no longer follow the dictates of the plain meaning rule, which it said was fraught with flaws and inconsistencies, in determining the meaning of statutes. Jan 27, 2020 the supreme court has greenlit a rule pushed by the trump administration to restrict immigration to the u. Strauss has noted that the plain meaning rule works in many cases where an individual can. Supreme court of canada welcome to the supreme court of canada. The plain meaning rule although the plain meaning rule is historic, it is the one that still prevails in most states and is currently debated at the federal level. This courts exercise of discretion under rule 17a6 of the west. It has seven justices, presided over by the chief justice, the head of the judicial branch. Jul 08, 2016 one recurring answer in the courts cases is the plain meaning rule, which is something of a compromise. In the american judicial system, the genesis of the plain meaning rule can be discerned in early supreme court. You asked whether the new method of statutory interpretation under state v. Scalias own approach to the rule, moreover, was rooted in a broader interpretive approach of plainmeaning textualism that even a conservative replacement might not fully embrace.
Plain meaning rule legal definition merriamwebster law. The supreme court often recites the plain meaning rule, that, if the language of the statute is plain and unambiguous, it must be applied according to its terms. The supreme court chose the rationale that contemporary usage had effectively narrowed the plain meaning of motor vehicle in the dictionary sense to landbased vehicles. Even more surprising than the courts unanimity on the divisive issue of samesex harassment, however, was the author of the opinionthe deeply conservative justice antonin. Any persons wishing to intervene in the appeal in file 38870, her majesty the queen v. Mar 30, 2006 the supreme court often recites the plain meaning rule, that, if the language of the statute is plain and unambiguous, it must be applied according to its terms.
A panoply of cases on the plain meaning rule in the third. If no ambiguity exists, then the plain meaning of the text is conclusive and the inquiry generally comes to an end. Connecticut abandons plainmeaning rule for statutory. A panoply of cases on the plain meaning rule in the third circuit. We begin by interpreting the statute consistent with its plain meaning, by giving effect to what the legislature both said and did not say. If the meaning is plain from the text, the court does not need to look for other sources of meaning. Supreme court has developed and refined the plain view doctrine over time. The court may to resort to the rules and techniques of interpretation only if the text is ambiguous. Using the plain meaning of the words of the policy, a regulation, rule, or statute regulating securities is one specifically directed towards securities, such as the sale, or offer for sale, of securities, and not those directed at the common law or statutory laws outside the securities regulation area. And the traditional rule favoring butfor causation does not change the result. The plain meaning rule and other ways to cheat at statutory. The determination of proper venue, including the existence and location of a companys submitted 7912142 david nordwall 12020 12.
When someone asks a court to interpret a statute, the first thing the judge does is read the statute. Plainmeaning rule legal definition of plainmeaning rule. Textualism is a method of statutory interpretation whereby the plain text of a statute is used to determine the meaning of the legislation. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by english courts. Textualism is consistent with the plain meaning rule. In my view, however, the provision is also susceptible of the governments interpretation, i. The determination of proper venue, including the existence and location of a companys submitted 7912142 david nordwall. Plain meaning rule chicago unbound the university of chicago. Nov 06, 2019 using the plain meaning of the words of the policy, a regulation, rule, or statute regulating securities is one specifically directed towards securities, such as the sale, or offer for sale, of securities, and not those directed at the common law or statutory laws outside the securities regulation area. The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. Parol evidence rule, the plain meaning rule, and the.
Filed may 9, 2017 supreme court of appeals of west virginia. Supreme court hands win to trump on public charge rule. The interpretive process frequently begins with a narrow focus on the meaning of particular words and phrases. The plain meaning rule, also known as the literal rule, is one of three rules of statutory. The not so plain meaning rule by william baude, ryan. Boltons home office fell within the plain and ordinary meaning of office under the venue statute. We granted the states petition for leave to appeal pursuant to supreme court rule 315 210 ill. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues. Principle of contract or statutory interpretation that requires a court to determine the meaning of a provision that is clear and unambiguous on its face from the ordinary definitions and usage of the language, without looking to extrinsic evidence to aid in construction. The plain meaning says that if the meaning of a legislative text is plain, the court may not interpret it but must simply apply it as written.
Thomas slatter, must serve and file a motion for leave to intervene on or before june 12, 2020. In a 54 ruling along ideological lines monday, the nations highest court cleared the way for the trump administration to begin enforcing the socal. Sep 12, 20 when someone asks a court to interpret a statute, the first thing the judge does is read the statute. The rule is fundamentally inconsistent with the purposive and contextual nature of legislative language, the court said, and inherently self. Delaware supreme court applies plain meaning of insurance. The case has a historic place in american jurisprudence in that it was one of the first where the court embraced the idea of the plain meaning rule. Gov upheld, that, if the language of the statute is clear, there is no need to look outside the statute to its legislative history in order to ascertain the statutes meaning. When reading a contract, the meaning of the words used should seek to avoid overly obscure definitions. The plain meaning of the contract will be followed where the words usedwhether written or oralhave. The court held that the plain meaning of the term emission standard in the act cannot support ecologys attempt to regulate indirect emitters. A majority of this court, however, fails to exercise the same restraint, bradley wrote. Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation.
One of justice antonin scalias many contributions to supreme court jurisprudence was to revitalize the rule of lenity the ancient maxim that ambiguous penal statutes should be construed narrowly in the defendants favor. Consider one of the courts recent and entertaining statutory interpretation cases, yates v. However, in some circumstances, the plain meaning rule can also be used for this purpose for example, when the language of the text is underinclusive or the drafter has made a mistake that favours the subject. Both courts erred when they failed to give effect to the plain meaning ofrcw 42. Discarding seminal rules or statutory interpretation, the majority slips into legislative mode, and ignores the plain meaning of the words chosen by the legislature. Exemption 2 after the supreme courts ruling in milner v. Reconstructing the plain language rule of statutory. Plain view doctrine legal definition of plain view doctrine. Price is an associate professor at uc hastings college of the law. Lanctot the unanimous supreme court opinion in oncale v. The plain meaning of a word is determined by its dictionary definition, its placement in the body of the text, and its common usage at the time the statute was written. Supreme court of canada welcome to the supreme court of.
Supreme court increasingly has embraced interpreting statutes based entirely on plain meaning of the words and. They adopted an approach to statutory interpretation that. This rule is the starting point for courts and legal experts attempting to determine legislative intent. The rule is susceptible to hard and soft interpretations in several ways, each of which turns on the use of extrinsic evidence to determine whether any of the exceptions apply. Somewhat similar in rationale is the rule that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure without a warrant 345 or that, if the officer needs a warrant or probable cause to search and seize, his lawful observation will provide grounds therefor. Courchesne has led the court to different results than the conclusions of the justices who are adhering to the plain meaning rule in state v. One recurring answer in the courts cases is the plain meaning rule, which is something. All currently scheduled public events at the court, as well as guided tours, are cancelled until further notice. The supreme judicial court, established in 1820 when maine separated from massachusetts, is the states highest court and the court of final appeal. Nov 07, 2019 using the plain meaning of the words of the policy, a regulation, rule, or statute regulating securities is one specifically directed towards securities, such as the sale, or offer for.
The same principles generally apply to the interpretation of other forms of positive law. Supreme court as a whole has not categorically foresworn. The application of the plain meaning rule in this context starts to look a lot like dillons rule, which allows only those powers granted in express words. The supreme court often recites the plain meaning rule, as in, king vs burwell subsidies in health care. If the statutes meaning is plain, the other information cant be considered. Textualism may also refer to a set of practical techniques used by jurists to determine the application of a statute. Nov 11, 2009 if no ambiguity exists, then the plain meaning of the text is conclusive and the inquiry generally comes to an end. The supreme court then held that exemption 2, consistent with the plain meaning of the term personnel rules and practices, encompasses only records relating to issues of employee relations and human resources. Under the plain meaning rule, if a writing appears to be plain and unambiguous on its face, its meaning must be determined from the four corners of the instrument without resorting to extrinsic evidence. In addition to determining whether parol evidence may be admitted, courts will also determine if any other extrinsic evidence may be admitted. Courchesne, the connecticut supreme court by a 5 to 2 vote rejected the common law plain meaning rule for statutory interpretation, which states that when a statutes.
Courchesne, the connecticut supreme court by a 5 to 2 vote rejected the common law plain meaning rule for statutory interpretation, which states that when a statutes language is plain and unambiguous, the court cannot go beyond the text to consider other sources of meaning. The other two are the mischief rule and the golden rule. It is intended to reduce ambiguous language as much as possible. This courts exercise of discretion under rule 17a6 of the west virginia rules of appellate procedure in refusing to docket a certified question presented. In my view, the courts weak commitment to lenity is unfortunate.
This is a form of legislative interpretation that focuses strongly on the literal text of a statute. Lasky in note, perplexing problems with plain meaning, 27 hofstra l. This might be one of the most asked questions of statutory interpretation. In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a search warrant and are admissible as evidence. The plain meaning rule states that all language used in contracts should be a simple and transparent as possible while still managing to convey the terms of the contract. Instead of attempting to determine statutory purpose or legislative intent, textualists adhere to the objective meaning of the legal text. Fitzgerald, the court would apply the plainmeaning rule and should hold that your claim was timely. Introduction to statutory construction the plain meaning rule. Statutory interpretation in the supreme court of canada.
Unfortunately, this conclusion is not guaranteed and is subject to certain qualifications discussed in this letter. Using the plain meaning of the words of the policy, a regulation, rule, or statute regulating securities is one specifically directed towards securities, such as the sale, or offer for. Introduction to statutory construction the plain meaning. The court then announced that it would no longer follow the dictates of the plainmeaning rule, which it said was fraught with flaws and inconsistencies, in determining the meaning of statutes.
Of course, even dillons rule includes those powers necessarily or fairly implied in or incident to the power expressly granted. The plain meaning rule is dead, long live the rule. First, consider the compurists will object that i conflate the plain meaning rule, which i treat as exception two, and the parol evidence rule. This court may answer questions of law certified to it by the supreme court of the united states, a court of appeals of the united states, or of the district of columbia, or a united states. We also granted leave to the illinois state rifle association isra to file an amicus curiae brief on behalf of. The institute has participated in many constitutional cases before this court. A judge that relies solely on the literal or plain meaning of a text does not consider supporting or supplementary sources. The trial court and washington state court of appeals decisions also rendered language in rcw 42. In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a search warrant and are admissible as evidence the u. The supreme court granted certiorari, citing the circuit split respecting exemption 2s meaning and reversed. In such cases, the plain meaning rule justifies courts in giving primacy to the text over intention. Any further intervener granted leave to intervene under rule 59 of the rules of the supreme court of canada must also serve and file its respective factum, not to exceed ten 10 pages, and book of. The plain meaning of 633aa demands that personnel actions be untainted by any consideration of age. One recurring answer in the courts cases is the plain meaning rule, which is something of a compromise.
The court recognized that ecology has broad authority to implement the act. For example, one qualification arises from a texas supreme court case called continental casualty decided in 2000. But in everyday syeech vehicle calls up the picture of a thing moving on land. The supreme court often recites the plain meaning rule, that, if the language of the statute is plain and unambiguous, it must be applied. The plain meaning rule, though, has a wellknown exception that permits a court to depart from the plain meaning of a statute when the result. The plain meaning rule, though, has a wellknown exception that permits a court to depart from the plain meaning of a statute when the result would be an absurd one that congress could not. To obtain reinstatement, damages, or other relief related to the end result of an employment decision, a showing that a personnel action would have been different if age had not been taken into account is necessary, but if age discrimi. The plain meaning rule, though, has a wellknown exception that permits a court to depart from the plain meaning of a statute when the result would be an absurd one that congress could not possibly have meant. Out of concern for the health and safety of visitors and employees in light of covid19, the supreme court of canada building is closed to visitors.
Reconstructing the plain language rule of statutory construction. This plain meaning rule dictates that where the meaning of the. These rulings are in conflict with several washington state supreme court rulings on giving effect to the plain meaning of a statute. From this, the court concludes that the plain meaning of the text demands that personnel actions be untainted by any consideration of age. If the statutory language is clear on its face and there is no reasonable doubt as to its meaning, then the judge will simply apply the language of the statute to the case at hand. Institute supports the rule of law, which includes application of the plain meaning of the united states constitution. As the florida supreme court held generations ago, the rules used in. The supreme court has greenlit a rule pushed by the trump administration to restrict immigration to the u. The plain meaning rule is an approach to legal proceedings that relies on the usual and ordinary meaning of a laws text. One recurring answer in the courts cases is the plain meaning rule, which is something of a.
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