Intro Stat Con

8/13/2019 Intro Stat Con

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INTRODUCTION:

STATUTORYCONSTRUCTION

Statutory Construction. NEU College of Law


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Statutory Construction

The act or process of discovering and expounding

the meaning and intention of the authors of the lawwith respect to its application to a given case,

where that intention is rendered doubtful, among

others, by reason of the fact that the given case isnot explicitly provided by law.


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Three Powers

LEGISLATIVE

To create,

amend, repeallaws

EXECUTIVE To implementlaws

JUDICIALTo interpretand apply

laws


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Remember

The process of statutoryconstruction and interpretation is a

.


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Interpretation vs. Construction

INTERPRETATION CONSTRUCTION

The process of discovering thetrue meaning of the language

used, and is limited to exploring

The drawing of warrantedconclusions respecting subjects

that lie beyond the direct

,

conclusions which are in the

spirit, though not within the

letter of the text.

One who interprets makes useof INTRINSIC AIDS, or those

found in the statute itself.

One who constructs makes useof EXTRINSIC AIDS or those

outside of the written language

of the law.


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However

When the law is clear and

unambiguous, the court is left with noalternative but to apply the same

.

A plain and unambiguous statutespeaks for itself, and any attempt to

make it clearer is vain labor andtends only to obscurity.


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Thus,

Interpretation would be resorted

to only where a literal

impossible or absurd of would

lead to injustice.


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CARDINAL RULES

APPLY THE LAW INTERPRET THE

LAW

CONSTRUCT THE

LAW

When the law

speaks in clear and

When there is

ambiguity in the

When the intent of

the legislature

language.

statute, ascertain

legislative intent by

making use of

INTRINSIC AIDS, or

those found in the

law itself.

ascertained by

merely making use

of intrinsic aids, the

court should resort

to EXTRINSIC AIDS,

or those found

outside the

language of the law


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LATIN MAXIMS

VERBA LEGIS Whenever possible, the words used

in the Constitution must be given their ordinarymeaning except where technical terms are

employed

n case o am gu ty, t ewords of the Constitution should be interpreted in

accordance with the intent of its framers

UT MAGIS VALEAT QUAM PEREAT Constitution

interpreted as a whole, but if the plain meaning of

the word is not found to be clear, resort to other

aids is available


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Purpose of Interpretation and

Construction

To ascertain and give effect to

legislative intent

Intro Stat Con

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