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Questions and Answers
What power is considered supreme and belongs to the people?
What power is considered supreme and belongs to the people?
Which class of interpretation involves taking words in their narrowest meaning?
Which class of interpretation involves taking words in their narrowest meaning?
What is the objective of the interpretation and construction of statutes?
What is the objective of the interpretation and construction of statutes?
What type of legislative power is delegated by the sovereign people?
What type of legislative power is delegated by the sovereign people?
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Which interpretation method adopts a broader understanding of words?
Which interpretation method adopts a broader understanding of words?
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What must courts refrain from when interpreting statutes?
What must courts refrain from when interpreting statutes?
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Which of the following is NOT a class of interpretation mentioned?
Which of the following is NOT a class of interpretation mentioned?
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What does the Constitution reserve for the people regarding legislative powers?
What does the Constitution reserve for the people regarding legislative powers?
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What does the principle of Effectiveness emphasize in legal interpretation?
What does the principle of Effectiveness emphasize in legal interpretation?
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Which theory of interpretation prioritizes the statute's text over other methods?
Which theory of interpretation prioritizes the statute's text over other methods?
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What is a main characteristic of the Intentionalism theory of interpretation?
What is a main characteristic of the Intentionalism theory of interpretation?
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What does the concept of Stare Decisis entail?
What does the concept of Stare Decisis entail?
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What is the first step in the process of passing a bill?
What is the first step in the process of passing a bill?
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In the context of legislative procedure, what occurs during the first reading of a bill?
In the context of legislative procedure, what occurs during the first reading of a bill?
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What happens if the other chamber proposes amendments to a bill?
What happens if the other chamber proposes amendments to a bill?
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What is understood as a year in legal terms?
What is understood as a year in legal terms?
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Which legal principle asserts the Constitution as the supreme law guiding consistency in other laws?
Which legal principle asserts the Constitution as the supreme law guiding consistency in other laws?
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How is the term 'including' interpreted when followed by a list of items?
How is the term 'including' interpreted when followed by a list of items?
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When calculating periods of time as per civil law, which day is excluded from the count?
When calculating periods of time as per civil law, which day is excluded from the count?
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What is generally true about words in plural form within legal statutes?
What is generally true about words in plural form within legal statutes?
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What does the term 'casus omissus' refer to in legal context?
What does the term 'casus omissus' refer to in legal context?
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When is a night defined in legal terms?
When is a night defined in legal terms?
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How should courts infer provisions necessary for legal intent?
How should courts infer provisions necessary for legal intent?
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Which of the following accurately describes how days are understood in legal terms?
Which of the following accurately describes how days are understood in legal terms?
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What does the doctrine of necessary implication allow in the interpretation of statutes?
What does the doctrine of necessary implication allow in the interpretation of statutes?
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What does 'expressio unius est exclusio alterius' imply about statutory interpretation?
What does 'expressio unius est exclusio alterius' imply about statutory interpretation?
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Why must a statute be read as a whole according to general rules of interpretation?
Why must a statute be read as a whole according to general rules of interpretation?
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How are obiter dicta regarded in the context of statutory interpretation?
How are obiter dicta regarded in the context of statutory interpretation?
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What are extrinsic aids of construction?
What are extrinsic aids of construction?
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What is a characteristic of extrinsic aids used in statutory interpretation?
What is a characteristic of extrinsic aids used in statutory interpretation?
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What effect does using surrounding provisions have in interpreting words in a statute?
What effect does using surrounding provisions have in interpreting words in a statute?
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What does it mean when a phrase is limited to the term it modifies?
What does it mean when a phrase is limited to the term it modifies?
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What is presumed when there is doubt in the interpretation of laws?
What is presumed when there is doubt in the interpretation of laws?
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What prevails when a general law intends to cover a subject and repeal prior inconsistent laws?
What prevails when a general law intends to cover a subject and repeal prior inconsistent laws?
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How should law be applied when a special law creates a general rule and a general law creates a specific rule?
How should law be applied when a special law creates a general rule and a general law creates a specific rule?
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What does legislative intent imply when general terms are used without qualifications?
What does legislative intent imply when general terms are used without qualifications?
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Which principle advises against creating distinctions when the law does not explicitly do so?
Which principle advises against creating distinctions when the law does not explicitly do so?
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What does the phrase 'Dura lex sed lex' imply regarding the application of law?
What does the phrase 'Dura lex sed lex' imply regarding the application of law?
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In the event of a conflict between special and general laws, what is the general rule?
In the event of a conflict between special and general laws, what is the general rule?
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What might constitute a valid excuse for repealing a law?
What might constitute a valid excuse for repealing a law?
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What does legislative history help courts to ascertain?
What does legislative history help courts to ascertain?
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What may compel a court to resort to extrinsic aids of statutory construction?
What may compel a court to resort to extrinsic aids of statutory construction?
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Which aspect is NOT typically included in pre-enactment history?
Which aspect is NOT typically included in pre-enactment history?
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Which of the following refers to the environment existing at the time of a law’s passage?
Which of the following refers to the environment existing at the time of a law’s passage?
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What type of history documents actions taken during legislative deliberation?
What type of history documents actions taken during legislative deliberation?
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What may courts prioritize over strict adherence to statutory ambiguity?
What may courts prioritize over strict adherence to statutory ambiguity?
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What is included in post-enactment history?
What is included in post-enactment history?
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Which of the following is NOT an example of extrinsic aids in statutory construction?
Which of the following is NOT an example of extrinsic aids in statutory construction?
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Study Notes
Statutory Construction
- Law encompasses all rules of action, encompassing physical, state, and divine law.
- Law must promote justice, be obligatory, originate from a legal authority, and benefit the common good.
- Natural law connects law to external principles (religious, divine). Classifications include physical law (governing non-free entities), moral law (right and wrong).
- Positive law is established by authority, independent of moral considerations. Types include divine law, revealed by God, public law, divine human positive law, created by church authorities.
- Sources include legislation (historically House and Senate, now President), precedent (past case decisions), and customs (established practices). Court decisions are also a source, serving as evidence of law.
- Statutory interpretation (construction) seeks legislative intent when language is ambiguous, using effective interpretation principles and maxims. Theories of interpretation include textualism (prioritizing text), intentionalism (focusing on legislative intent), and purposivism (focusing on outcome).
Passage of a Bill
- Bill drafting: Proposed by any member of the House of Representatives or Senate, or government agencies.
- First reading: Bill is read by number and title, referred to the appropriate committee(s).
- Committee consideration: Committee hearings and discussions.
- Second reading: Bill is read in its entirety, followed by amendments.
- Third reading: Recitation of the bill's final version.
- Bicameral conference committee resolves conflicts between the House and Senate versions.
- Enrollment & Ratification: Finalized bill is signed by the House and Senate secretaries.
- Presidential action: The President may sign or veto the bill; if no action is taken within 30 days, the bill becomes law.
- Publication and Implementation: The law is published, taking effect after a designated period unless specified otherwise.
Parts of Statutes
- Title: A general statement of the act's subject matter.
- Preamble: Declares reasons behind the enactment, though not essential to a law's validity or source of governmental power.
- Enacting clause: Stating the act's authority.
- Body: Contains the subject matter and provisions of the law with exceptions and provisos if any.
- Exceptions and provisos: Statements that restrict or qualify the generality of the language in a law.
Basic Principles
- Separation of Powers: Limits judicial power to law interpretation.
- Hierarchy of Laws: Constitution is supreme.
- Stare Decisis: Following precedent in law interpretation.
Statutes' Validity and Constitutionality
- Actual Case or Controversy: Must be a dispute between parties.
- Proper Party or Locus Standi: Parties involved must have a stake in the outcome and a valid claim.
- Earliest Opportunity: The constitutional issue is raised as early possible in the proceedings. Exceptions to this, by circumstance, may be raised at a later time.
- Validity related to legislative process, the Constitution, and legislative intent guides the test of sufficiency of the statute.
- Statutes are subject to review based upon the constitutional parameters for statute passage, constitutional standards, and judicial review.
- The test of the sufficient nature of titles requires statutes to broadly state the subjects and implications.
Interpretation and Construction
- Verba legis: Applying the literal meaning of the law's words when clear.
- Ratio legis: Considering the law's reason and spirit for unclear sections.
- Extrinsic aids: Supplementary materials such as legislative history, contemporaneous circumstances, interpretation of other statutes, prior court decisions, to aid understanding.
- Courts must resolve legal conflicts using existing laws.
- Statutory interpretation frameworks help interpret legislation and legislative intent.
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Description
This quiz covers the principles of statutory construction, including the types of laws, sources of law, and methods of interpretation. Explore how natural law and positive law relate to justice and authority, and understand key concepts like legislative intent and interpretation theories.
