A form of construction which does not allow evidence extrapolated beyond
the actual words of a phrase or document but, rather, takes a phrase or
document at face value, giving effect only to the actual words used. Also
known as "strict" or "strict and literal" construction.
Contrasts with liberal construction (which allows for the input from other
factors such as the purpose of the document being interpreted).
Delivery. An archaic legal word from the feudal system referring to the
actual legal transmission of possession of an object to another. For example,
a knight would obtain an estate in land as tenure in exchange for serving
in the king's army for 40 days a year. The king would give exclusive possession
of the land, (i.e. "livery") to the knight. A writ of livery
also developed which allowed persons to sue for possession of land under
the feudal system. Livery (or "delivery") of the land was important
in completing legal possession or, as it was known in the feudal system,
Latin for "the place." For example, lawyers talk of the "locus
delicti" as the pace where a criminal offense was commited or "loco
parentis" to refer to a person who stands in the place of a parent
such as a step-parent in a common law relationship.
Each court is bound to a territorial jurisdiction and does not normally
have jurisdiction over persons that reside outside of that jurisdiction.
For example, a court in Scotland would not normally have jurisdiction
over a resident of Ireland. Long-arm statutes are a tool which gives a
court jurisdiction over a person even though the person no longer resides
in the territory limits of the court. For example, UIFSA allows a court
to have jurisdiction over a non-resident support payer.