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Simple English definitions for legal terms

equity-of-the-statute rule

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A quick definition of equity-of-the-statute rule:

Equity-of-the-statute rule: This is a rule that helps people understand what a law means. It says that we should try to figure out what the people who made the law wanted it to do, even if the words they used don't say it exactly. For example, if a law says that you can't give a juror food or drink, this rule would say that you also can't give them cigars, even though cigars aren't food or drink. This rule is not used very often. Other rules for understanding laws include the golden rule, the mischief rule, and the plain-meaning rule.

A more thorough explanation:

The equity-of-the-statute rule is a principle used in statutory construction. It means that a statute should be interpreted according to the legislators' purpose and intent, even if this interpretation goes beyond the literal meaning of the text.

For example, if a statute defines jury-tampering to include a party's "giving a juror food or drink," the giving of cigars to a juror would also fall within that definition. This is because the legislators' intent was to prevent any form of bribery or influence on jurors, not just limited to food and drink.

Another example could be a statute that prohibits "vehicles" on a certain road. The equity-of-the-statute rule would allow for interpretation to include bicycles or other non-motorized vehicles, as the legislators' intent was to prevent any type of vehicle from using the road.

The equity-of-the-statute rule is not commonly used, as most statutes are written with specific language and definitions. However, it can be helpful in cases where the literal interpretation of a statute would lead to an absurd or unjust result.

equity of subrogation | equity participation

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