Also known as:rules of interpretation · interpretive rule · rule of construction
Written by attorneys · grounded in primary & secondary sources — see below
A rule or principle used to construe the meaning of legal instruments such as contracts, statutes, and wills. Courts apply these rules to resolve ambiguities by favoring constructions that effectuate the parties' or drafter's intent or that promote the instrument's validity.
Sources & Authorities
How it applies
Common Examples
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Will Language Creates No Reversion
Raphael Rivera executes a will devising property to his children for life with remainder to his heirs at law. After his death the probate court must decide whether the remainder language creates a reversion in Raphael's estate. Because the governing statute abolishes the doctrine of worthier title both as a rule of law and as a rule of construction, the court holds that the language does not presumptively create any reversionary interest in the transferor.
Liberal Reading of Civil Rights Statute
Robert Rivera sues a city agency under a federal civil rights statute after the agency terminates his employment. The agency argues for a narrow reading that would bar municipal liability. The court applies the rule that remedial statutes receive a liberal construction and holds that the statute reaches the city's conduct, allowing the claim to proceed.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Dictionaries
Monell v. Department of Social Services of the City of New York436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)
Trade Usage Shapes Contract Term
Rita Russell contracts with Regal Apparel to supply asphalt at a fixed price for ten years. Regal later refuses to honor price-protection clauses that trade custom had long supplied. The court interprets the agreement in light of the parties' commercial context and holds that the established usage controls the meaning of the price term.
Nanakuli Paving & Rock Sales, Inc. v. Shell Oil Co.664 F.2d 772 (9th Cir. 1991)
Beneficent Construction for Native Claimants
Ralph Richardson and other members of an Indian tribe sue the United States to quiet title to allotted lands. The government urges a strict reading that would limit the waiver of sovereign immunity. The court adopts a beneficent interpretation of the remedial statute and holds that the waiver reaches the tribe's claims.
Affiliated Ute Citizens of Utah v. United States406 U.S. 128, 153-154 (1972)
Broad Reading of Commerce Power
Renee Rogers operates a steamboat line between New York and New Jersey. New York grants her an exclusive license that conflicts with a federal statute. The court interprets the federal commerce power broadly and holds that the federal statute preempts the state grant.
Gibbons v. Ogden22 U.S. (9 Wheat.) 1, 211 (1824)
Textual and Historical Reading of Amendment
Renata Russo challenges a local handgun ban under the Second Amendment. The city argues that the amendment protects only militia-related arms. The court interprets the amendment's text and historical understanding and holds that the ban violates the individual right to keep and bear arms for self-defense.
District of Columbia v. Heller554 U.S. 570 (2008)
Common questions
Frequently Asked
5
How does a rule of interpretation differ from the parol evidence rule?+
A rule of interpretation determines the meaning of terms within an integrated agreement. The parol evidence rule instead defines the subject matter that may be interpreted by rendering prior agreements inoperative.
When does a rule of construction apply to ambiguous will language?+
A rule of construction applies when the text or extrinsic evidence reveals uncertainty about persons or property described in a donative instrument. The court then resolves the ambiguity according to the rule unless evidence establishes a contrary donor intention.
What happens when parties attach different meanings to a contract term?+
The meaning of the party who did not know and had no reason to know of the other's different meaning governs if the other party knew or had reason to know of the first party's understanding.
Does the abolition of worthier title affect only future instruments?+
The abolition applies to governing instruments executed before the effective date unless the instrument shows a clear contrary intent.
How do courts choose among conflicting constructional preferences?+
When multiple preferences apply the court selects the most persuasive preference in the circumstances unless evidence establishes a different donor intention.
529 U.S. 848 (2000)Criminal Procedure
…Our construction of § 844(i) is reinforced by the Court's opinion in United States v. Lopez , 514 U. S. 549 (1995), and the interpretive rule that constitutionally doubtful constructions should be avoided where possible, see Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Constr. Trades Council , 485 U. S. 568, 575…