plain-meaning rule. 1. The rule that if a writing, or a provision in a writing, appears to be unambiguous on its face, its meaning must be determined from the writing itself without resort to any extrinsic evidence. • Though often applied, this rule is often condemned as simplistic because the meaning of words varies with […]
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nonfeasance (non-feez-[schwa]nts), n. The failure to act when a duty to act existed. Cf. MALFEASANCE; MISFEASANCE; FEASANCE. [Cases: Municipal Corporations 735; Negligence 200. C.J.S. Municipal Corporations §§ 668, 671–672, 682; Negligence §§ 5–13, 15–20, 33, 64.] — nonfeasant, adj. — nonfeasor, n. “Hence there arose very early a difference, still deeply rooted in the law
averment ([schwa]-v[schwa]r-m[schwa]nt), n. A positive declaration or affirmation of fact; esp., an assertion or allegation in a pleading (the plaintiff’s averment that the defendant ran a red light). Cf. ASSEVE-RATE. immaterial averment. An averment that alleges something in needless detail; a statement that goes far beyond what is in issue. • This type of averment
legislative intent. The design or plan that the legislature had at the time of enacting a statute. — Also termed intention of the legislature; intent of the legislature; congressional intent; parliamentary intent. [Cases: Statutes 181(1). C.J.S. Statutes § 315.] “The intention of the legislature is a common but very slippery phrase, which, popularly understood, may
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Proof that establishes a fact by showing that its opposite is not or cannot be true. Cf. positive proof. [Cases: Evidence 586. C.J.S. Evidence §§ 339, 1309, 1328.]
territorial law. The law that applies to all persons within a given territory regardless of their citizenship or nationality. Cf. PERSONAL LAW. “[T]he expression ‘territorial law’ … is not confined to the positive rules that regulate acts and events occurring within the jurisdiction, but includes also rules for the choice of law. English rules for
freedom of the press. The right to print and publish materials without governmental intervention, as guaranteed by the First Amendment. — Also termed liberty of the press. [Cases: Constitutional Law 90.1(8). C.J.S. Constitutional Law §§ 552, 554, 562–565, 597–598, 603–604.] “ ‘Freedom of the press’ has less significance than meets the eye. It is true,
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