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The courts, however, would only alter this application of the literal rule to the extent of this:

a. Clear legislative intent
b. Judicial precedent
c. Public demand
d. Constitutional challenge

User Richel
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1 Answer

5 votes

Final answer:

The courts may alter the application of the literal rule under conditions such as clear legislative intent, judicial precedent, public demand, and constitutional challenge, with clear legislative intent and judicial precedent being common legal foundations for such alterations. All options are correct.

Step-by-step explanation:

The question pertains to the circumstances under which the courts, specifically within the context of applying the literal rule, may alter their interpretation of a statute. The literal rule is a principle of statutory interpretation where the courts interpret statutes based on the ordinary meaning of the language of the statute.

However, this interpretation can be altered under certain conditions. These are typically: a. Clear legislative intent, where the true intention of the law makers is apparent and dictates a different application; b. Judicial precedent, where past decisions form a consistent legal doctrine or path that should be followed; c. Public demand, which is less common as a legal reason for courts to sway from the literal interpretation; and d. Constitutional challenge, where a particular application of the rule may conflict with the Constitution.

The Supreme Court's role in interpreting and applying the Constitution and determining the constitutionality of legislative acts is fundamental to the American legal system, as seen in practices such as judicial review and adherence to the principle of stare decisis.

Hence, all options given are correct.

User Spenser Truex
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