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Questions and Answers
What are intrinsic aids in statutory construction?
What are intrinsic aids in statutory construction?
- Words, phrases, and grammatical context within the statute (correct)
- Evidence from outside the statute
- Judicial precedents and case law
- Public opinions and societal norms
What is the primary role of criminal law?
What is the primary role of criminal law?
- To prescribe punishments for offences (correct)
- To regulate property rights
- To define civil rights
- To provide remedies for torts
When are courts expected to resort to construction and interpretation of the law?
When are courts expected to resort to construction and interpretation of the law?
- In all cases of statutory disagreement
- When the law is clear and unambiguous
- When application of the law is impossible or inadequate (correct)
- Only in cases of public interest
Which statement about civil law is correct?
Which statement about civil law is correct?
What is the difference between construction and interpretation of laws?
What is the difference between construction and interpretation of laws?
What does the phrase 'where there is no ambiguity in the words' imply about legislative intent?
What does the phrase 'where there is no ambiguity in the words' imply about legislative intent?
What is the primary duty of courts regarding statutes?
What is the primary duty of courts regarding statutes?
What is a key requirement for individuals to practice law according to the Rules of Court?
What is a key requirement for individuals to practice law according to the Rules of Court?
Which aspect of law focuses on the methods and procedures followed by administrative bodies?
Which aspect of law focuses on the methods and procedures followed by administrative bodies?
What distinguishes remedial laws from curative laws?
What distinguishes remedial laws from curative laws?
In criminal law, who initiates proceedings against wrongdoers?
In criminal law, who initiates proceedings against wrongdoers?
Which of the following best describes judicial interpretation?
Which of the following best describes judicial interpretation?
What is primarily used as an extrinsic aid in the construction of laws?
What is primarily used as an extrinsic aid in the construction of laws?
Which of the following cannot be considered an intrinsic aid?
Which of the following cannot be considered an intrinsic aid?
Which of the following illustrates a situation where the application of law may be deemed inadequate?
Which of the following illustrates a situation where the application of law may be deemed inadequate?
What is the purpose of legislative intent in statutory construction?
What is the purpose of legislative intent in statutory construction?
Which of the following accurately reflects legislative history's role in statutory interpretation?
Which of the following accurately reflects legislative history's role in statutory interpretation?
How does intrinsic aid differ from extrinsic aid in judicial interpretation?
How does intrinsic aid differ from extrinsic aid in judicial interpretation?
Which aspect of law is associated with the responsibility of a citizen toward the government?
Which aspect of law is associated with the responsibility of a citizen toward the government?
What does the legislative history aid in when interpreting a law?
What does the legislative history aid in when interpreting a law?
In the case of doubt regarding a law's interpretation, what is presumed about the lawmaking body's intention?
In the case of doubt regarding a law's interpretation, what is presumed about the lawmaking body's intention?
Which process aims to achieve the intent desired by Congress when multiple interpretations exist?
Which process aims to achieve the intent desired by Congress when multiple interpretations exist?
Which of the following reflects a common misunderstanding regarding legal interpretation?
Which of the following reflects a common misunderstanding regarding legal interpretation?
What is the purpose of practical construction in legal contexts?
What is the purpose of practical construction in legal contexts?
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Study Notes
Interpretation and Construction of Laws
- Courts must interpret law according to the legislature's intended meaning, especially when the case is not explicitly provided for.
- In situations with two interpretations of a law, the interpretation that best aligns with Congress's objectives should be preferred.
- When statutory interpretation rules do not clarify doubts, it is presumed that legislators aimed to achieve fairness and justice.
Differences Between Construction and Interpretation
- Interpretation involves determining the meaning and intent of law based solely on the statute's provisions without external references.
- Construction employs various tools and aids outside the language of the statute to ascertain its intent, such as legislative history and other established norms.
Intrinsic and Extrinsic Aids
- Intrinsic aids include title, preamble, punctuations, headings, and legislative definitions found within the statute itself.
- Extrinsic aids encompass legislative history, practical construction by authorities, executive and legislative interpretations, and opinions from legal commentators.
Principles of Statutory Construction
- Courts must apply the law as written; construction and interpretation are only necessary when application is impossible or inadequate.
- A fundamental principle dictates that when the statutory language is clear, its meaning and intention must be derived from that language without further interpretation.
Legal Profession and Rules of Court
- The practice of law is defined as utilizing legal knowledge to advocate for clients' rights and interests in court.
- Only individuals admitted to the bar in good standing may practice law.
- Requirements for bar admission are set forth in Rule 138.
Types of Law
- Private law encompasses various classifications, including laws governing persons, property, obligations, and contracts.
- Civil law addresses duties between individuals or between individuals and the government.
- Criminal law deals with offenses against public order and prescribes punishments; it serves to deter crime and penalize offenders.
Nature of Criminal Law
- Criminal law is a public law initiated by the state against offenders, with the state always being a party in criminal cases.
- Remedial laws provide procedures for enforcing rights and seeking redress for grievances.
- Curative laws correct prior mistakes or irregularities.
Decisions and Opinions of Court
- A unanimous opinion by a court is considered significant in establishing legal precedents.
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