PLAIN-MEANING RULE

PLAIN-MEANING RULE

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 the verbal context and the surrounding circumstances, not to mention the linguistic ability of the users and readers (including judges). See PAROL EVIDENCE RULE. Cf. GOLDEN RULE; MISCHIEF RULE; EQUITY-OF-THE STATUTE RULE E. [Cases: Contracts 143, 152; Statutes 188. C.J.S. Contracts ¡ì¡ì 302, 307, 318¨C322, 327, 331; Statutes ¡ì¡ì 321, 324¨C326, 330, 334.]

¡°On its positive side, the plain meaning rule states a tautology: Words should be read as saying what they say. The rule tells us to respect meaning but it does so without disclosing what the specific meaning is. At best, it reaffirms the preeminence of the statute over materials extrinsic to it. In its negative aspect, on the other hand, the rule has sometimes been used to read ineptly expressed language out of its proper context, in violation of established principles of meaning and communication. To this extent it is an impediment to interpretation.¡± Reed Dickerson, The Interpretation and Application of Statutes 229 (1975).

2. ORDINARY-MEANING RULE.


What is the legal translation of PLAIN-MEANING RULE in Chinese?
TermBase About LegalLingo
LegalLingo, a Shanghai-based translation agency, is a recognized leader in comprehensive legal language solutions for the legal industry. We provide the world’s leading law firms and corporate legal teams with a full suite of services, ranging from the translation of contracts and compliance documentation to full-scale multilingual litigation requiring certified translation and Chinese document review. We deliver customized legal document translation solutions based on your case’s size and budget requirements, utilizing industry-leading technology to ensure accuracy, lower costs and faster turnaround times.