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Definition: Supersede means to replace or cancel something by taking its place. For example, if a new law is passed, it may supersede an older law. It can also refer to the legal process of appealing a decision and putting it on hold until a higher court can review it. In simpler terms, supersede means to take over or replace something else.
I. Preliminary Steps. There are three important preliminary steps you should take before attempting to interpret. given statute: Read the statute. The primary language of the statute should always serve as the starting point for any inquiry into its meaning.2 To properly understand and interpret.
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- I. The “Audience” Question: Who Is The Relevant “Ordinary Reader”?
- II. Ordinary Meaning Subcanons
- Conclusion
Perhaps the most stunning finding Tobia reports is that judges and nonexperts have similar intuitions about the ordinary meaning of ordinary terms. Tobia bases this claim on survey data indicating that judges, law students, and laypeople were remarkably similar in the rates at which they categorized certain specific items (for example, “car,” “bus,...
Tobia also concludes that the ordinary meaning of specific words often is unclear, based on survey data indicating that laypeople regularly disagreed with each other about the ordinary meaning of several different statutory terms35 and that dictionary definitions, corpus linguistics, and collective intuition about ordinary meaning often diverged fr...
The experimental study described in Tobia’s Testing Ordinary Meaningis rich and full of valuable data about how laypersons judge ordinary meaning — and about the specific kinds of ordinary meaning that dictionaries and corpus linguistics tend to measure. In my view, it oversells a bit regarding the breadth of the information it provides about how j...
Courts and scholars sometimes use the phrase “plain meaning” to denote something like ordinary meaning—that is, the normal meaning, or the meaning one would normally attribute to those words given little information about their context. 40 The ordinary meaning is “plain” in the sense of “plain vanilla.”.
Act: a statute enacted or passed into law by a legislature or Parliament; Action: a civil law proceeding, often referred to as a “lawsuit” and commenced by a Statement of Claim; Affidavit: a written statement of fact either sworn or affirmed by the person making it (called the “deponent”); a form of evidence (in contrast to verbal ...
shareholders prior to the making of the general offer. Principle 9. of the Code provides that, If, after a take-over or merger transaction is reasonably in contemplation, an offer has been made to one or more shareholders of an offeree com-. pany, any subsequent general offer made by, or on behalf of, the offeror. 7.
A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel. So the plain meaning of a legal text is something like the meaning that would be understood by competent speakers of the natural language in which the text was written who are within the intended readership of the text and who understand that the text is a legal text of a ...
