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The ruling turned on the meaning of the statutory phrase "actual damages," which has been described as a chameleon that takes on different legal hues in different contexts.
The solicitor general relied on the same statutory phrase as Mr. Warren, "requisite to protect the public health," but to very different purposes.
The court held that the circuit court had been correct to reject Vice President Gore's challenge to the results certified in Nassau County and his challenge to the Palm Beach County Canvassing Board's determination that 3,300 ballots cast in that county were not, in the statutory phrase, "legal votes".
The logic of this line of questioning is that, under the canon of "constitutional avoidance," the Supreme Court should avoid an extremely literalistic and counterintuitive construction of the statutory phrase at the heart of the case ("an Exchange established by a State") because it will lead to a harsh and likely unconstitutional result.
Similar(55)
But a legislative atmosphere is not a law, unless it is embodied in a statutory word or phrase.
It has been said that an error of fact involves a situation where there are new or different primary facts yet to be put before the court, such as a new witness, or what people saw or heard, whereas an error of law involves a misinterpretation of a statutory word or phrase with regard to such facts.
The meaning of this statutory language, including the odd phrase "for a tort only," is obscure and the law was scarcely used until lower federal courts began applying it in international human rights cases in the 1980's.
"Do you have any examples from The New York Times, from, you know, Boswell, from anywhere, that anybody refers to the interests of a corporation as the 'personal privacy' of General Motors?" Mr. Klineberg said he was not aware of such a use of the phrase "certainly in any statutory context".
The court applied time-honored interpretive rules: it said new statutory language takes precedence over older phrases, specific clauses carry more weight than broad statements and ambiguous laws must be read so that no part becomes meaningless.
In a single phrase of federal law, they found the statutory tool by which the Bush team would seek to undo Florida's postmarking rules.
The department's report is full of phrases like, "We conclude that there is no statutory basis for this kind of approach".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com