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Interpretive Rule - Law Dictionary Search Results

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interpretive rule

interpretive rule : a rule issued by an administrative agency that only clarifies or explains existing laws or regulations called also interpretative rule compare legislative rule NOTE: An interpretive rule does not have to meet the requirements set out in the Administrative Procedure Act for notice to the public and opportunity for comment that apply to legislative rules. An interpretive rule does not have the force of law. ...


legislative rule

legislative rule : a rule adopted by a government agency in accordance with the notice and comment requirements of the Administrative Procedure Act that has the force of law and imposes new duties on the regulated parties called also substantive rule compare interpretive rule ...


Rules of Court

Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...


ruling

ruling : an official or authoritative determination, decree, statement, or interpretation (as by a judge on a question of law) [followed a previous on the same question] see also revenue ruling compare decision, disposition, finding, holding, judgment, opinion, verdict ...


private letter ruling

private letter ruling : a letter from the Internal Revenue Service to an individual taxpayer setting out the agency's interpretation of the tax rules relating to a specific situation or transaction proposed by the taxpayer ...


Heurematic Law

Heurematic Law [fr., Gk.]. The art or science of so interpreting rules of law as to accord with justice. See Law Times Newspaper, 2nd April, 1910, p. 487....


Regulation

Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...


stricti juris

stricti juris [Latin] : according to or determined by strict interpretation of the law [the rights of a guarantor are stricti juris "Sitzer v. Lang, 243 S.E.2d 95 (1978)"] n : a rule of legal interpretation requiring or dictating close, narrow, or strict interpretation [failure to apply the rule of stricti juris to the parol evidence "Brown v. Capitol Fish Co., 282 S.E.2d 694 (1981)"] ...


Interpretation of Statute

Interpretation of Statute, it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCR 148.Interpretation of Statutes, as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the commit-tees of the legislature or even the statement made by the Minister on the introduction of a measure or by the framers of the Act is admissible to construe those words. It is only where a statute is not exhaustive or where its language is ambiguous, uncertain, clouded or susceptible ...


judgment

judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...


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