Statutory Construction Principles
40 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the statutory definition of a word or term control?

  • Its meaning across all legal contexts.
  • Its interpretation in relation to cultural usages.
  • Its meaning as used specifically in that statute. (correct)
  • Its understanding based on historical significance.

    • Which approach should be taken if legislative intent is unclear regarding a word in a statute?

  • Interpret the word based on its most common usage. (correct)
  • Adopt a technical meaning as defined in legal resources.
  • Use a trade-specific definition only.
  • Follow the historical context of the word.

    • What is the general principle regarding the construction of words in a statute?

  • They should always be interpreted in a legal context.
  • They should be construed with a forced interpretation.
  • They should be considered only with respect to their technical meanings.
  • They should reflect their natural and commonly accepted meanings. (correct)

    • What distinguishes a 'proviso' from an 'exception' in legislative terms?

    <p>A proviso is a condition while an exception completely exempts.</p> Signup and view all the answers

    Under what circumstance does a statutory definition NOT apply?

    <p>For transactions occurring before the enactment of the act.</p> Signup and view all the answers

    What is the primary resource for ascertaining legislative intent?

    <p>The statute itself.</p> Signup and view all the answers

    Which of the following best describes the term 'saving clause'?

    <p>An exception designed to preserve rights.</p> Signup and view all the answers

    In what situation would a legislative definition of a term not be considered conclusive?

    <p>When applied to different statutes.</p> Signup and view all the answers

    What is the principle of ejusdem generis primarily concerned with?

    <p>Restricting general words to specific classes mentioned beforehand.</p> Signup and view all the answers

    Which of the following is NOT a requisite for applying the principle of ejusdem generis?

    <p>The general term must be unrestricted and generic.</p> Signup and view all the answers

    In the case of Vera v. Cuevas, what limitation did the court highlight regarding the term 'all milk'?

    <p>It should be interpreted specifically to mean skimmed milk.</p> Signup and view all the answers

    What does the term 'Expressio unius est exclusio alterius' mean in legal interpretation?

    <p>Specifying one option excludes all others from consideration.</p> Signup and view all the answers

    When can the limitations of ejusdem generis be disregarded?

    <p>When there is clarity and lack of ambiguity in the statutory provision.</p> Signup and view all the answers

    What is a key characteristic of the rule of Expressio unius in legal contexts?

    <p>It is based on the natural workings of human logic.</p> Signup and view all the answers

    Which scenario is an example of the limitations of ejusdem generis being applied?

    <p>A law that specifically lists vehicles without mentioning motorcycles.</p> Signup and view all the answers

    What does the presumption regarding legislative intent suggest when specific words are enumerated?

    <p>There is an intention to limit general terms to the enumerated specifics.</p> Signup and view all the answers

    What does the presumption state regarding legislative intent when specific enumerations are present in a statute?

    <p>The intended meaning is confined to the enumerated terms.</p> Signup and view all the answers

    Which of the following best captures the essence of the expressio unius rule?

    <p>Express mention of one thing excludes others not mentioned.</p> Signup and view all the answers

    In which scenario would the rule of expressio unius not apply?

    <p>When the legislative intent is clearly indicated otherwise.</p> Signup and view all the answers

    What principle does the phrase 'exceptio firmat regulam in casibus non exceptis' convey?

    <p>Matters not expressly excluded fall under the general rule.</p> Signup and view all the answers

    Which statement accurately reflects a limitation of the expressio unius rule?

    <p>It is a mere tool for determining legislative intent.</p> Signup and view all the answers

    What implication arises if a statute directs actions to a certain person or class?

    <p>The actions cannot be performed by anyone else.</p> Signup and view all the answers

    Why is the expressio unius rule not considered inflexible?

    <p>Legislative intent can sometimes indicate a broader application.</p> Signup and view all the answers

    What does the negative-opposite doctrine signify in legal interpretation?

    <p>Express statements should not be ignored.</p> Signup and view all the answers

    Under what condition can the rule of casus omissus be disregarded?

    <p>If it will result in legislative inconvenience or harm to public interest</p> Signup and view all the answers

    What does the doctrine of last antecedent primarily address?

    <p>Associating qualifying words solely with their immediate antecedents</p> Signup and view all the answers

    What is the primary implication of the rule of casus omissus?

    <p>Entities not included were intentionally excluded by the legislature</p> Signup and view all the answers

    What triggers the application of the doctrine of last antecedent?

    <p>The introduction of commas to separate legislative phrases</p> Signup and view all the answers

    Which situation allows for supplying an omission by the court?

    <p>When indicated intent of the legislature supports including the omitted item</p> Signup and view all the answers

    What does the principle of legislative enumeration suggest regarding omitted items?

    <p>Items not included were likely overlooked by the legislature</p> Signup and view all the answers

    Which of the following can indicate a violation of the equal protection clause?

    <p>Failure to include certain unenumerated items</p> Signup and view all the answers

    Which of the following is accurate about legislative intent in the context of a statute?

    <p>It often leads to exclusion of items unless clearly indicated otherwise</p> Signup and view all the answers

    What does the phrase 'in the ordinary course of business' refer to in the context of the proviso?

    <p>The disposal of equipment that may no longer be useful.</p> Signup and view all the answers

    According to the decision, what is the effect of a sale without the required approval from the Public Service Commission?

    <p>The sale is valid and binding between the parties involved.</p> Signup and view all the answers

    In cases of conflict between a proviso and the main provision of a statute, which is given preference?

    <p>The later provision, unless legislative intent indicates otherwise.</p> Signup and view all the answers

    How is a proviso intended to be interpreted according to its purpose?

    <p>To clarify and restrict the scope of the section it qualifies.</p> Signup and view all the answers

    What must be established for a later provision to override an earlier statute?

    <p>Clear intent to repeal the earlier law.</p> Signup and view all the answers

    What is the primary role of the Public Service Commission regarding public service vehicles?

    <p>To ensure compliance with the law before any changes of ownership occur.</p> Signup and view all the answers

    Why should the interpretation of a proviso aim to harmonize with the main provision?

    <p>To maintain the legislative purpose and integrity.</p> Signup and view all the answers

    What is indicated by the term 'Public Service Vehicle' in the context of this discussion?

    <p>Vehicles authorized to provide transport services to the public.</p> Signup and view all the answers

    Study Notes

    General Rules of Statutory Construction

    • Words in a statute may have different meanings - ordinary, generic, restricted, technical, legal, commercial or trade.
    • The meaning of a word depends on what the legislature intended.
    • Legislative intent can be determined from the statute itself, and extraneous and relevant circumstances.
    • Statutory definitions in a statute control the meaning of the word, even if it has other meanings.

    Statutory Definitions

    • Definitions in a statute only apply within that act.
    • The definition does not apply to other statutes especially those dealing with transactions that occurred before the enactment of the act.

    Words in Their Ordinary Sense

    • Words are given their plain, ordinary, and common meaning unless there is legislative intent to the contrary.
    • Words are read in their natural, obvious significance, according to commonly accepted usage.

    Ejusdem Generis

    • A general word following specific words of the same class is restricted to persons, things or cases of the same kind as those specifically mentioned.
    • Presumption: If the legislature intended the general words to be unrestricted, they would not have specified them.
    • Requirements for Ejusdem Generis to apply:
      • Specific words followed by a general word
      • Specific words are of the same kind
      • Enumeration is not exhaustive
      • No indication that the general words or phrases have a broader meaning.

    Illustration of Ejusdem Generis

    • Vera v. Cuevas: "All milk" in a statute was interpreted as meaning "skimmed milk" because the headnote and text dealt specifically with skimmed milk.

    Limitations of Ejusdem Generis

    • Specific words do not constitute a readily discernible class.
    • There is regulatory intent to give the general phrase broader meaning.
    • The statutory provision is not itself restrictive.
    • The law is clear and unambiguous.

    Expressio Unius est Exclusio Alterius

    • Express mention of one person, thing, or consequence implies the exclusion of all others.
    • Also known as the negative-opposite doctrine.
    • A canon of restrictive interpretation.
    • Opposite of the doctrine of necessary implication.
    • Used in statutes granting powers, creating rights, imposing penalties and forfeitures, as well as strictly construed statutes.
    • Presumption: The legislature would have made specified enumerations only if they wanted to restrict the meaning to the things mentioned.

    Variations of Expressio Unius est Exclusio Alterius

    • What is expressed puts an end to that which is implied.
    • A thing that is not excepted must be regarded as coming within the general rule.

    Negative-Opposite Doctrine

    • Express mention of one thing implies the opposite of what is not expressed.
    • This is also known as argumentum a contrario.

    Application of Expressio Unius

    • The rule and its related cannons are used in statutes granting powers, creating rights and remedies, restricting common rights, and imposing penalties and forfeitures.
    • If a statute directs specific acts by a particular person or class, it implies that it shall not be done otherwise or by a different person or class.
    • If a statute enumerates things upon which it operates, everything else is excluded.

    Limitations on the Rule

    • The rule is not a rule of law, but a tool for statutory construction.
    • It must yield to the legislative intent.
    • It is only an auxiliary rule of interpretation.
    • Does not apply if the enumeration is an example or to remove doubts.
    • Does not apply if the statute appears to limit provisions to specific persons or things, but there is no reason to exclude others.
    • Can be disregarded if it results in incongruities, violates equal protection, inconvenience, hardship, injury to the public interest.
    • The rule may be disregarded if legislative intent indicates that the enumeration is not exclusive.

    Doctrine of Casus Omissus

    • This rule states that a person, object, or thing omitted from an enumeration must be held to have been omitted intentionally.
    • This rule is based on the certainty that something was deliberately left out.
    • It does not apply if it can be shown that the legislature did not intend to exclude the person or thing.
    • If legislative intent is clear, the court may supply the omission if it will carry out the intent and not harm the language of the law.

    Doctrine of Last Antecedent

    • Qualifying words restrict or modify only the words or phrases to which they are immediately associated.
    • In the absence of legislative intent to the contrary, qualifying words or phrases must be applied only to their immediate or last antecedent, and not to preceding words.
    • Proximum antecedens fiat relatio nisi impediatur sententia: relative words refer to the nearest antecedents, unless the context requires otherwise.
    • The use of commas to separate an antecedent from the rest influences the application of this doctrine.

    Proviso

    • A proviso is a clause in a statute that modifies or restricts the general provision of a statute.
    • It is usually introduced by the word “Provided, that,” “Provided however, that,” or “Provided always, that.”
    • A proviso may enlarge the scope of a law as well as restrict it.
    • A proviso is considered to be additional legislation.
    • A proviso is sometimes used to qualify the main provision of the statute, or even the entire statute.

    Repugnancy Between Proviso and Main Provision

    • A proviso should be construed to harmonize with the main provision of the statute.
    • If a proviso and the main provision conflict, the provision located later in the statute prevails unless there is legislative intent to the contrary, or doing so will destroy the statute itself.
    • The later provision is given preference because it is the latest expression of legislative intent.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Chapter V: Interpretation of Words and Phrases PDF

    Description

    Test your knowledge on the general rules of statutory construction, including the various meanings of words in statutes and the importance of legislative intent. This quiz covers statutory definitions, the interpretation of words in their ordinary sense, and the ejusdem generis rule.

    More Like This

    Statutory Construction Quiz
    5 questions

    Statutory Construction Quiz

    PoisedElation avatar
    PoisedElation
    Statutory Construction Overview
    40 questions

    Statutory Construction Overview

    TantalizingNeodymium avatar
    TantalizingNeodymium
    Statutory Construction Principles
    32 questions

    Statutory Construction Principles

    FunnyUvite4227 avatar
    FunnyUvite4227
    Statutory Construction Overview
    48 questions

    Statutory Construction Overview

    EruditeIrrational8221 avatar
    EruditeIrrational8221
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser