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But Franken argued the plain meaning rule was misapplied by Gorsuch.
When using the plain meaning rule would create an absurd result, courts should depart from the plain meaning," Franken said.
194) The court started with the plain meaning rule (195) and said that it ultimately decided the case based upon it.
at 923-24 (using the plain meaning rule and noscitur a sociis to say that the word "business" was a modifier and did not lead to a standalone cause of action).
43) The Court correctly held that following the plain meaning rule, the terms "use" and "utter" do not create an ongoing action, thus failing to meet the "explicit language of the statute" requirement necessary to conclude that using a counterfeit immigration document is a continuing offense.
Words that are unambiguous in a statute are interpreted by using the plain meaning rule.
In reaching its conclusion, however, the majority misapplied the plain meaning rule because it did not give all of the words in the will their usual and ordinary meaning.
The problem with the plain meaning rule and the no reformation rule is that, in certain cases, they deny to individuals remedies when there is evidence that is genuine and persuasive.
hard parol evidence rule, retains the plain meaning rule, gives
The California Supreme Court, speaking through then-Chief Justice Traynor, rejected the plain meaning rule and held that such an approach ignored the relevance of the intention of the parties.
Only the plain meaning rule and Supreme Court precedent are being used in a dueling manner in a large percentage of the cases.
38) The plain meaning rule is "rather an axiom of experience than a rule of law, and does not preclude consideration of persuasive evidence if it exists.