Also known as:interpret · interprets · interpreted · interpreting · interpretations · interpreter · statutory interpretation
Written by attorneys · grounded in primary & secondary sources — see below
The ascertainment of the meaning of language used in a legal instrument or agreement from its text and surrounding circumstances. When parties attach the same meaning to a term the term receives that shared understanding.
Sources & Authorities
How it applies
Common Examples
6
M'Naghten Defense Rejected
Ivan Ivanov raised an insanity defense after killing a neighbor during a psychotic episode. He proved a mental disease caused him to lose all self-control yet the court still convicted him. The traditional test was interpreted so that inability to refrain remained irrelevant to acquittal.
Shared Contract Meaning Controls
Ivy Investments and Integrity Partners both understood a delivery clause to require shipment within thirty days. When a dispute arose the court enforced the clause according to that common understanding. No other meaning could override the parties' mutual intent.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Study Supplements
Ian Iverson granted a driveway easement across his land to Imani Idowu for access to her home. Years later Imani sought to widen the drive for larger vehicles. The court interpreted the easement to permit only uses consistent with the original residential purpose.
Grand Jury Secrecy Enforced
Isabelle Inman served as an interpreter for a hearing-impaired grand juror. After deliberations began she remained in the room while the jury voted. The court interpreted the presence rule to exclude her because only jurors and needed interpreters may attend voting.
Privilege Governed by Common Law
Iain Irons claimed a marital communications privilege in a federal civil case governed by state law. The court interpreted the governing rule to apply the common-law privilege as interpreted by federal courts because no statute displaced it. State law ultimately controlled the claim.
Easement Use Expands Normally
Imperial Motors conveyed an easement appurtenant for a single-family home's access across Inertia Dynamics land. When the dominant parcel later became a small office building the court permitted expanded but normal development use of the servient land.
Common questions
Frequently Asked
4
How does interpretation differ from construction of a contract?+
Interpretation focuses on the meaning of the words and symbols used by the parties. Construction determines the legal effect of the agreement once that meaning is fixed. Courts first interpret language before applying construction rules.
Supporting sources
When parties attach different meanings to a contract term what rule applies?+
The agreement receives the meaning attached by one party if that party did not know of the other's different meaning and the other party knew the first party's meaning. This prevents one side from taking unfair advantage of known ambiguity.
Supporting sources
Does a servitude receive an interpretation that avoids public policy violations?+
Yes. Among reasonable readings the interpretation more consistent with public policy is preferred unless it contradicts the parties' intent or the purpose of the servitude itself.
Supporting sources
What limits the presence of interpreters during grand jury voting?+
Only jurors and any interpreter required for a hearing-impaired or speech-impaired juror may remain present while the grand jury deliberates or votes. All other persons must leave the room.
Supporting sources
384 U.S. 436 (1966)Evidence
…the law of confessions, a significant heavy majority of the state and federal decisions in point have sought quite narrow interpretations.[^maj-17] Of the courts that have accepted the invitation, it is hard to know how many have felt compelled by their best guess as to this Court's likely construction; but none of the state…