Literal construction refers to the method of interpreting legal documents, such as statutes, contracts, or court opinions, by focusing solely on the actual words used. This approach emphasizes the plain meaning of the text, without considering external factors or evidence that could alter its interpretation. It is often referred to as strict construction or literal interpretation.
Literal construction is commonly used in various areas of law, including:
Users can manage certain legal documents themselves using templates from US Legal Forms, which are drafted by experienced attorneys to ensure compliance with the principle of literal construction.
Here are a couple of examples of abatement:
Example 1: In a contract dispute, if one party claims that a term has a specific meaning based on industry standards, a court may apply literal construction to interpret the term based solely on its wording in the contract.
Example 2: A criminal statute that states, "No person shall operate a vehicle while under the influence of alcohol," would be interpreted literally to mean that any operation of a vehicle while intoxicated is prohibited (hypothetical example).
Examples of state differences (not exhaustive):
| State | Application of Literal Construction |
|---|---|
| California | Literal construction is often applied in contract disputes, emphasizing the text's plain meaning. |
| New York | New York courts frequently use literal construction when interpreting statutes, especially in criminal law. |
| Texas | Texas law supports literal interpretation in both civil and criminal contexts, focusing on statutory language. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Literal Construction | Interpretation based solely on the text's actual words. | Excludes external evidence. |
| Intentional Construction | Interpretation considering the intent of the parties. | Allows for external evidence and context. |
| Contextual Construction | Interpretation that considers the context surrounding the text. | Focuses on broader implications rather than just the text. |
If you find yourself needing to interpret a legal document, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Use | Interpreting contracts, statutes, and legal opinions. |
| Key Principle | Focus on the literal meaning of the text. |
| Legal Areas | Civil, criminal, family law. |
Literal construction focuses solely on the text's wording, while intentional construction considers the intent behind the words.