Legal Question in Native American Law in Arkansas
question from a high school debate student
Are there any instances when the letter of the law takes priority over the spirit of the law?
thank you
Asked on 2/28/04, 6:14 pm
1 Answer from Attorneys
Harvey Harris
Harris Law Firm
Re: question from a high school debate student
The letter of the law versus the spirit of the law is always a debatable issue. More often than not courts have to go by what is written, if it can be reasonably interpreted. Proving what the spirit of the law was meant to be is a difficult task in and of itself.
To answer your question, yes it can happen and does happen. You can take a lot of cases and say this is not what the spirit of the law was meant to do.
Answered on 2/29/04, 3:05 pm