Statutory Construction Rules: Interpreting Legislative Intent from Case Law, Study notes of Construction

Download Statutory Construction Rules: Interpreting Legislative Intent from Case Law and more Study notes Construction in PDF only on Docsity! 1 EXAMPLES OF STATUTORY CONSTRUCTION RULES FROM CASE LAW ______________________________________________________________________________ Cautionary Note: This is a general statement of some of the rules. As applied in case law, many of the rules are subject to exceptions or qualifications. The fundamental objective in statutory construction is to determine and carry out the intent of the Legislature. Courts will give effect to a statute's plain meaning and assume the Legislature means exactly what it says. The plain meaning can be determined from the statute's language and context, including related statutes that disclose legislative intent about the provision in question. A court will interpret a statute in light of the circumstances existing at the time of its enactment in giving effect to the intent of the legislature. A statute is ambiguous if it is susceptible to more than one reasonable interpretation. Non-technical terms that are not defined in a statute are given their ordinary meanings. Use of the same words in the same statute should be interpreted alike. Where different words are used in different parts of a statute it is presumed that a different meaning was intended to apply to each word. Last antecedent rule: Qualifying words and phrases refer to the last antecedent, unless a contrary intention appears in the statute. Noscitur a sociis (it is known from its associates): The meaning of words may be indicated or controlled by those with which they are associated. Ejusdem generis (of the same kind): General terms, when used in conjunction with specific terms in a statute, are interpreted to include only those things that are similar in nature to the specific terms. Expressio unius est exclusion alterius (expression of one is the exclusion of the other): When one thing is specifically expressed in a statute, there is an inference that the Legislature intended to exclude others that are omitted from the statute. Statutes must be construed to give meaning to all language used in the statute. The Legislature is presumed to not include unnecessary language in legislation. Intent or purpose language in a statute can aid in the court's interpretation of the statute, but has no operative effect and cannot override unambiguous language. Separate statutes must be read together, when possible, to achieve a harmonious statutory scheme. It is assumed that the Legislature does not intend to create inconsistency.