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- It provides a framework for analyzing the canons of interpretation, determining whether they are legally valid and how much authority they bear. And it helps resolve debates over constitutional "interpretation" and "construction," explaining how construction can go beyond the text but not beyond the law.
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Feb 10, 2017 · These rules tell us what legal materials to read and how to read them. Like other parts of the law, what we call “the law of interpretation” has a claim to guide the actions of judges, officials, and private interpreters — even if it isn’t ideal.
- Availability of and General Standards For Appellate Review
- Standards and Allowable Grounds For Departure
- Other Important Sentencing Decisions
This section indicates whether sentences issued at the trial court level may be appealed by the prosecutor or defendant. If appeal is available, this section will address what the appellate court’s standard is for reviewing the trial court’s sentence (e.g., substantial deference). Appeal is one way that a jurisdiction can further enforce the guidel...
A “departure” is a sentence that is different from the sentence recommended in the guidelines. The duration, or length, of the sentence may be longer or shorter than the guidelines call for. Or the disposition, which is the recommendation for prison or probation, may be different than that called for in the guidelines (e.g., the court may order a s...
In addition to the three categories of case law described above, there may be appellate decisions in some guidelines systems that are particularly important to an understanding of how that system works. Such a case might involve issues separate from or broader than the guidelines themselves (for example, a constitutional challenge to the guidelines...
Jul 7, 2021 · An important reason for rejecting the claim that legal interpretation seeks linguistic meaning derives from three propositions that are widely shared by theorists of legal interpretation: 1) legal interpretation often yields interpretations that resolve legal disputes; 2) in resolving disputes, judges must follow the content of the law except ...
In a common law system, cases play a vital role in interpreting statutes, building arguments, organizing analyses, and conveying points of view. Legal research often begins with statutes or regulations, the primary law passed by the legislature or regulatory agency in the relevant jurisdiction.
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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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May 29, 2001 · According to MacCormick, in deciding a case according to law, courts should first of all interpret the existing law in order to establish a coherent view of some branch of the law, and they should do this by showing how that branch of law is justified according to some coherent set of principles or values which underlie it.
something other than ascertaining the law, e.g., finding a way to decide a case that is not covered by applicable law, that rubric seems inappropriate. One important clarification: when I say that a case is not covered by applicable law, I mean that there are at least two outcomes that the applicable first-order legal norms do not rule out.
