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Literal construction
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Literal constructionA form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted).
RELATED TERMS--------------------------------------
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Actual
Real; actual.
Value
Common law. This term has two different meanings. It sometimes expresses the utility of an object, and some times the power of purchasing other good with it. The first may be called value in use, the latter value in exchange.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
SIMILAR TERMS--------------------------------------
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal contract
Civil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration.
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
PREVIOUS AND NEXT TERMS--------------------------------------
Lis pendens
The pendancy of a suit; the time between which it is instituted and finally decided.
Lisbon rules
A set of rules on the assessment of damages in ship collisions (supra), prepared by the CMI and adopted at Lisbon in 1987. The Rules do not have the force of law, but are intended rather as guidelines for judges, arbitrators, insurers, average adjusters and others concerned with evaluating collision damages. They may also be chosen by the parties to a collision dispute, after it arises, to govern damage assessment.
List
A table of cases arranged for trial or argument; as, the trial list, the argument list.
Listers
This word is used in some of the states to designate the persons appointed to make lists of taxables.
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal construction
Literal contract
Civil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration.
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
Litigant
One engaged in a suit; one fond of litigation.
Litigiosity
Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition.
Litigious
That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.
RELATED TERMS--------------------------------------
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Generally, there are two types of construction methods: literal (strict) or liberal.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Actual
Real; actual.
Value
Common law. This term has two different meanings. It sometimes expresses the utility of an object, and some times the power of purchasing other good with it. The first may be called value in use, the latter value in exchange.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
SIMILAR TERMS--------------------------------------
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal contract
Civil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration.
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
PREVIOUS AND NEXT TERMS--------------------------------------
Lis pendens
The pendancy of a suit; the time between which it is instituted and finally decided.
Lisbon rules
A set of rules on the assessment of damages in ship collisions (supra), prepared by the CMI and adopted at Lisbon in 1987. The Rules do not have the force of law, but are intended rather as guidelines for judges, arbitrators, insurers, average adjusters and others concerned with evaluating collision damages. They may also be chosen by the parties to a collision dispute, after it arises, to govern damage assessment.
List
A table of cases arranged for trial or argument; as, the trial list, the argument list.
Listers
This word is used in some of the states to designate the persons appointed to make lists of taxables.
Litera
Latin. letter; written character, Literœ. Letters, writings, documents.
Literal construction
Literal contract
Civil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration.
Literary property
This name has been given to the right which authors have in their works. This is secured to them by copyright.
Litigant
One engaged in a suit; one fond of litigation.
Litigiosity
Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition.
Litigious
That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.
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This dictionary contains 8526 terms.
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