Intro Stat Con
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Transcript of 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