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The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by english courts. The other two are the mischief rule and the golden rule the plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
Because there have been disputes over the meaning of statutes since written law was invented, the courts have developed rules for statutory construction (aka rules for how to analyze and interpret statutes). Adjudicatory bodies of administrative agencies must interpret statutes pursuant to the rules of statutory construction.
Interpretations of the statute; (c) the context and structure of the statute; and (d) the purpose of the statute. Additionally, certain techniques of statutory construction have been used so often that they have become “formalized” into “canons of construction.
If a statute uses words or phrases that have already received authoritative construction by the jurisdiction’s court of last resort, or even uniform construction by inferior courts or a responsible administrative agency, they are to be understood according to that construction.
The repeal of a statute shall not affect any action brought before the repeal, for any forfeitures incurred, or for the recovery of any rights accruing under such statute.
The use of negative, prohibitory or exclusive terms or words in statute is indicative of the legislative intent to make the statutory mandatory. Statutes conferring power: -statutes which confer upon a public body or officer power to perform acts which concern the public interests or rights of the people.
- the office of statutory construction is to determine the meaning and the will of the lawmaking body, to the end that it may be enforced. Legislative intent: - the intent of the legislature is the law, and the key to and the controlling factor in its construction or interpretation.
One traditional canon of statutory construction is that, when they conflict, a specific statute controls a general statute regardless of which came first. This interpretation matters installment examines courts' application of that canon to state and local tax controversies.
Buy sutherland statutes and statutory construction at legal solutions from thomson reuters.
Excerpt from statutes and statutory construction: including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure, together with an exposition at length of the principles of interpretation and cognate topics.
Although legislation has become a central feature of our legal system, relatively little is known about how statutes are drafted, particularly at the state level.
Statutory construction is an issue of law,” appellate review is de novo. 12 hence, the reviewing court gives no deference to a lower court’s own interpretation of the statutory text. Plain and ordinary meaning the term “plain meaning” is deceptively simple, but it is the illinois.
Mar 11, 2021 introduction to interpretation these legal writing books discuss statutory construction and interpretation.
Where statutes are clear in their terms, there is no need to, rather it is improper to, proceed with the application of rules of statutory construction. Hiller, 22 or app 57, 537 p2d 571 (1975); schoning and schoning, 106 or app 399, 807 p2d 820 (1991).
Essentially, statutory construction is how the courts interpret and ultimately apply the statutes or laws enacted by the state and federal legislatures. If a statute is not clear, meaning that it is ambiguous, then a court will have to apply these rules to determine how the statute will be applied.
Jul 18, 2019 this is the first article in a series that looks at statutory construction—how courts approach interpreting a statute and the various rules that they.
Finally, with respect to interpreting state tax statutes,tenn. § 67-1-1402 of the tax enforcement procedures act codifies the opposite interpretation of this general rule of statutory construction, where it provides as follows: (c) in the event of any conflict between the provisions of this part and those of any other specific.
Legislative intent controls construction of statutes in florida.
Judges believe their job is to give effect to legislative intent. There are problems with the canons of statutory construction: –for every canon, there’s an equal and opposite canon. Paul campos, university of colorado school of law: there’s really.
Statutes and statutory construction: including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure, volume 2 volume 2 of statutes and statutory construction, jabez gridley sutherland.
For more information of the canons of statutory construction, with detailed analysis, see: continuity and change in statutory interpretation (links to heinonline. Shapiro, continuity and change in statutory interpretation 67 new york university law review 921 (1992).
Jul 20, 2020 the courts in california, as well as across the country, utilize certain canons or rules of statutory construction.
In the english law there are three rules that exist to assist a court in the interpretation of an act of parliament. These rules are the most common approach in examining the meaning of the language used or the application to which the statute was intended or a combination of both.
This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes.
Statutory construction is generally not available to the elected assembly. Drafting of statutes and support of the legislature is carried out by the wyoming.
2016 rhode island general laws title 43 - statutes and statutory construction disclaimer: these codes may not be the most recent version.
The court stated that the case chiefly involved an issue of statutory construction although the illinois statute expressly specified that proceedings under the act shall be civil in nature. According to the court, allen failed to provide sufficient proof that the state's intent was negated by a statutory scheme that was, in actuality, punitive.
Section not intended to limit legislative power or to affect statutory construction when intent is clear.
Textualist judges often use traditional canons of statutory construction when interpreting a statute's text.
This appendix collects the canons of statutory construction that have been used or developed by incorporates settled interpretations of the re-enacted statute.
In interpreting statutes, the court recognizes that legislative power resides in congress, and that congress can legislate away.
Apr 5, 2018 the predominant view of a judge's proper role in statutory interpretation is one of legislative supremacy.
One traditional canon of statutory construction is that, when they conflict, a specific statute controls a general statute regardless of which came first. This interpretation matters installment examines courts' application of that canon to state and local tax controversies. Keywords: legislation, statutory construction, state and local taxes.
Nov 6, 2020 ebooks and online resources accessible to case law users only.
Penal code: statutory construction; principles of criminal liability *cited.
Attorney-at-law: a person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings. Business trust includes except when utilized in krs chapter 386, a statutory trust as organized under krs chapter 386a.
Statutory interpretation refers to the process by which a court looks at a statute and determines what it means.
We are all familiar with the “plain meaning rule” of statutory construction. Under that rule, when a statute is clear and unambiguous on its face, the courts should.
The term statutory construction is used to describe the process of a court applying certain rules, canons, or maxims in order to decipher the meaning of language used in a statute by its drafters. Usually, the statute drafters are a rule-making body, like a legislature.
Get this from a library! sutherland statutes and statutory construction.
First published over 100 years ago, this is the definitive treatise when it comes to statutory interpretation.
A statute has many parts such as short title, long title, preamble, marginal notes, headings, definition or interpretation clauses, provisos, illustrations, exceptions and saving clauses, explanations, schedules and punctuation which serve as internal aids to construction.
The statutes available on this website are current through the 86th legislature, 2019. The texas constitution is current through the amendments approved by voters in november 2019. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, were revised to reflect amendments and to modernize.
Mar 24, 2021 canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules.
Recognized as a core text on statutory construction by the american bar association and others, sutherland statutes and statutory construction lays out the principles of statutory interpretation and helps you develop your own theories and positions supported by these principles, and by analysis of the legislative process itself.
(a) in the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language; and technical words and phrases, and such as have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly.
Each part of the various statutes must be given intelligent effect. This court will not presume the legislature to have done a vain thing. We are mindful that elementary rules of statutory interpretation require us to avoid any statutory construction which would render any part of a statute superfluous or useless.
The process of determining what a particular statute means so that a court may apply it accurately.
The general rule of statutory interpretation is to effectuate the legislature's intent.
When considering a statute, a court will apply rules of construction only when the language contained in the statute is ambiguous.
In addition, legislative counsel often is helpful in transforming concepts on goals into clear legislative language.
Because legislators may intend different things when they vote for a bill, statutory construction is often fairly difficult. Statutes are sometimes ambiguous enough to support more than one interpretation. In these cases, courts are free to interpret statutes themselves.
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