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Questions and Answers
According to IOS (Interpretation of Statutes), which of the following is true about the need for presumptions?
According to IOS (Interpretation of Statutes), which of the following is true about the need for presumptions?
- Can be used in any condition
- The intention of the legislation is not clear
- Presumptions are always necessary
- The intention of the legislation is clear (correct)
According to IOS (Interpretation of Statutes), what is the term used when two provisions in an enactment cannot be reconciled with each other?
According to IOS (Interpretation of Statutes), what is the term used when two provisions in an enactment cannot be reconciled with each other?
- Rule of ejusdem generis
- Rule of reasonable construction
- Rule of harmonious construction (correct)
- Rule of conflicting provisions
According to IOS (Interpretation of Statutes), which rule of interpretation suggests that the meaning of a word should be known from its accompanying words?
According to IOS (Interpretation of Statutes), which rule of interpretation suggests that the meaning of a word should be known from its accompanying words?
- Mischief rule
- Noscitur a sociis (correct)
- Golden rule
- Primary rule
According to IOS (Interpretation of Statutes), what does 'contemporanea expositio est optima et fortissima in lege' mean?
According to IOS (Interpretation of Statutes), what does 'contemporanea expositio est optima et fortissima in lege' mean?
According to IOS (Interpretation of Statutes), what should the interpretation of a statute not give a meaning to?
According to IOS (Interpretation of Statutes), what should the interpretation of a statute not give a meaning to?
Flashcards
Need for Presumptions (IOS)
Need for Presumptions (IOS)
Presumptions are unnecessary when the legislative intent is clear.
Rule of Harmonious Construction
Rule of Harmonious Construction
When two parts of a law clash and cannot agree.
Noscitur a sociis
Noscitur a sociis
Understanding a word by looking at the words around it.
Contemporanea Expositio Est Optima Et Fortissima in Lege
Contemporanea Expositio Est Optima Et Fortissima in Lege
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Statute Interpretation Goal
Statute Interpretation Goal
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Study Notes
Need for Presumptions
- The need for presumptions arises when there is ambiguity or uncertainty in the language of a statute.
Conflicting Provisions
- When two provisions in an enactment cannot be reconciled with each other, it is referred to as a "repugnancy" or "inconsistency".
Noscitur a Sociis
- The "noscitur a sociis" rule of interpretation suggests that the meaning of a word should be known from its accompanying words.
Contemporanea Expositio
- "Contemporanea expositio est optima et fortissima in lege" is a Latin maxim that means "contemporaneous exposition is the best and strongest in law", implying that the best interpretation of a statute is one that is contemporaneous with its enactment.
Avoiding Absurdity
- The interpretation of a statute should not give a meaning to a provision that would lead to an absurdity or an unreasonable result.
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