Define Construed in Law

When communism was a threat, it was interpreted as a communist conspiracy. According to this logic, any action could probably be interpreted as a "speech". This could be interpreted as a blow to Kentucky Senator Rand Paul, who is actively considering both. In Havana, as in all of Cuba, there is a cigar label that violates one of the rules that is interpreted as an insult. But I have never expressed my opinion in a way that could be interpreted as a crime or that has tended to cause trouble. As the company has formulated the directive, all its provisions are interpreted strictly in its favour. The enumeration of certain rights in the Constitution should not be interpreted as a negation or denigration of others that are retained by the people. More generally, leases of dubious duration are interpreted in favour of tenants. Finally, a contract arises from the time of receipt and is interpreted or interpreted in accordance with the law of the place where it was concluded. This is not an insult to farmers (although it can be interpreted as an insult to Grassley); it`s just a slip. Construe can usually be translated as "interpret".

It is often used in law; For example, an attorney general might interpret the term "serious injury" in a child abuse law to include bruises, or a judge could interpret the wording on gifts to "heirs" as including spouses. The IRS interpretation of some of your activities may be different from yours – and be much more expensive at tax time. The construction is also close to translation; So, for example, when the British say "public school," it should be interpreted or translated as "preparatory school" in the American sense. Under the tripartite structure of the U.S. federal government (see: Separation of Powers), the courts have the power to interpret the law, as stated by Chief Justice John Marshall in the landmark case of Marbury v. Madison (see also: Judicial Review). When the court decides on the service of the law, the prevailing view is that it is not for the judge to enact the law, but to interpret the law. The two dominant theories of legal interpretation – purposivism and textualism – have different positions on how judges can best cling to this ideal of legislative supremacy. The problem is particularly acute in situations where Congress is unlikely to anticipate the particular circumstances at stake in court and legislate. Purposivists argue that courts should prioritize interpretations that advance the purpose of a law, while textualists argue that judges` concerns should be limited primarily to the text of the law. [Last updated July 2021 by wex Definitions Team] To construct Middle English, from late Latin construere, from Latin, to build Build Interpret means to determine the meaning of the text of a written document (a law, a regulation, a court decision, etc.) on the basis of the rules of legal interpretation.

In the 14th century, English speakers acquired the closely related words interpret and construct. You may think of construction as a word related to the construction of houses or highways, but it has long had other meanings, including "the arrangement of words in a sentence" and "interpretation." Similarly, interpretation can mean "analyzing the disposition and relationship of words in a sentence" or "interpreting or explaining." Construe and construction come from the Latin verb construere ("to build or build"). In the 15th century, English speakers added a misinterpretation to create a misunderstanding, a word that means "to put a wrong construction (i.e. a misinterpretation)". Regardless of their different theories of interpretation, judges can use many similar tools to gather evidence of legal importance. First, judges usually start by looking for the clear meaning of a legal text. Second, courts interpret certain provisions in light of their broader legal context. Third, judges can turn to the canons of construction, which are inferences about how courts typically read laws. Fourth, a court may examine the genesis of a particular provision.

Finally, judges can consider how a law has been or will be applied. Although purposivists and textualists can use any of these tools, the theory of a judge`s legal interpretation can influence the order in which they are applied and the weight given to each tool. .