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Questions and Answers
What is the primary duty of the court when interpreting the words used in legislation?
What is the primary duty of the court when interpreting the words used in legislation?
- To assume ambiguity and doubt in the words of the statute
- To interpret the words according to their ordinary grammatical meaning (correct)
- To adopt a hypothetical construction to fulfill the supposed intention of the legislature
- To seek clarification from the legislature regarding the meaning of the words
What does the Latin maxim 'absoluta sententia expositore non indiget' mean?
What does the Latin maxim 'absoluta sententia expositore non indiget' mean?
- The sentence or preposition requires an expositor for clarity
- An absolute sentence or preposition needs not an expositor (correct)
- The sentence or preposition is always ambiguous
- The sentence or preposition has multiple meanings
What is the rule known as when the words of a statute are clear and unambiguous?
What is the rule known as when the words of a statute are clear and unambiguous?
- Rule of manifest purpose
- Rule of literal construction (correct)
- Rule of hypothetical interpretation
- Rule of ambiguous exposition
When may a wider interpretation be adopted over a narrower one in statutory interpretation?
When may a wider interpretation be adopted over a narrower one in statutory interpretation?
What is the significance of interpretation in relation to statute law?
What is the significance of interpretation in relation to statute law?
Which agency is concerned with the interpretation of statutes?
Which agency is concerned with the interpretation of statutes?
What is the difference between 'legal' and 'doctrinal' interpretation?
What is the difference between 'legal' and 'doctrinal' interpretation?
What is Jolowicz's classification of 'legal' interpretation?
What is Jolowicz's classification of 'legal' interpretation?
What does 'verbal construction' refer to in the context of statutory interpretation?
What does 'verbal construction' refer to in the context of statutory interpretation?
What is the focus of grammatical interpretation in statutory interpretation?
What is the focus of grammatical interpretation in statutory interpretation?
When is logical interpretation important in statutory interpretation?
When is logical interpretation important in statutory interpretation?
What should the court refrain from doing in statutory interpretation according to the text?
What should the court refrain from doing in statutory interpretation according to the text?
Flashcards
Primary Duty of the Court
Primary Duty of the Court
To ascertain the intention of the legislature.
Absoluta Sententia Expositore Non Indiget
Absoluta Sententia Expositore Non Indiget
When a statute's words are clear, they don't need interpretation.
Literal Rule
Literal Rule
If a statute's words are clear, apply their literal meaning.
Wider Interpretation
Wider Interpretation
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Significance of Interpretation
Significance of Interpretation
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Judiciary
Judiciary
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"Legal" Interpretation
"Legal" Interpretation
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"Doctrinal" Interpretation
"Doctrinal" Interpretation
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Jolowicz's Classification
Jolowicz's Classification
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Verbal Construction
Verbal Construction
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Grammatical Interpretation
Grammatical Interpretation
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Logical Interpretation
Logical Interpretation
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Study Notes
Statutory Interpretation
- The primary duty of the court when interpreting the words used in legislation is to determine the intention of the legislature.
Latin Maxim
- The Latin maxim 'absoluta sententia expositore non indiget' means "an absolute judgment needs no expositor," implying that when the words of a statute are clear and unambiguous, they do not require interpretation.
Clear and Unambiguous Statutes
- When the words of a statute are clear and unambiguous, the rule is known as the "literal rule."
Wider Interpretation
- A wider interpretation may be adopted over a narrower one when the literal meaning of the words would lead to an absurd or unjust result.
Significance of Interpretation
- Interpretation plays a crucial role in statute law as it helps to determine the meaning and application of legislation.
Agency Involved
- The judiciary is the agency concerned with the interpretation of statutes.
Types of Interpretation
- "Legal" interpretation refers to the interpretation of a statute in relation to other laws and the legal system as a whole.
- "Doctrinal" interpretation focuses on the principles and policies underlying a statute.
Jolowicz's Classification
- Jolowicz's classification of 'legal' interpretation includes three categories: linguistic, logical, and systematic.
Verbal Construction
- Verbal construction refers to the process of interpreting the words and phrases used in a statute.
Grammatical Interpretation
- The focus of grammatical interpretation is on the grammatical meaning of the words used in a statute, including their syntax and punctuation.
Logical Interpretation
- Logical interpretation is important when the literal meaning of the words would lead to an absurd or unjust result, and the court must use logical reasoning to determine the intended meaning.
Court's Refrain
- The court should refrain from adding words to a statute or altering its wording to fit the court's perception of the intended meaning.
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