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Because the code is made out of statutory powers, "a misconstruction of the code is an error of law", Niall told the court.
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The only relevant difference between that situation and this one is that in Rumsey the trial court's error was called a "misinterpretation" and a "misconstruction of the statute," 467 U. S., at 207, 211, whereas here the error has been designated the "erroneous addition of [an] extraneous element to the charged offense". 491 Mich., at 3 4, 810 N. W. 2d, at 536.
It was only natural therefore that Congress should assume that where its own creature, the Mediation Board, was charged with interference with the right of employees by a misconstruction of the statute under which it existed, that error of law would be subject to judicial examination to determine the correct meaning.
Holding that the judge's ruling constituted an acquittal on the merits of the question whether a death sentence was appropriate, we noted that the ruling rested on "a misconstruction of the statute defining the pecuniary gain aggravating circumstance". Id., at 211.
According to Popescu, the stereotype that Millennials are greedy whiners unwilling to pay their dues is a misconstruction of the circumstances into which the generation was born and a misapprehension of the challenges they face.
This holding rests on a misconstruction of history and of the Fourth Amendment's purposely broad language.
This Court has previously held that a judicial acquittal premised upon a "misconstruction" of a criminal statute is an "acquittal on the merits..
Like Smalis and Smith, Rumsey involved a ruling that the prosecution's evidence was in- sufficient to prove an element, but in Rumsey the ruling was predicated on a misconstruction of an element.
Mr. Kelly waved a copy of the code.
Below, see a video of the code {poems} being printed.
Richard attracts an enforcer of the Code.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com