Statutory Construction Review PDF

**STATUTORY CONSTRUCTION** Maxims, Doctrines, Rules and Guidelines in Construction and Interpretation of the Laws. A**. Dura Lex Sed Lex** Answer: The law is harsh, but it is the law. B. **Ubi Lex Non Distinguit Nec Nos Distinguere** Answer: Where the law does not distinguish, neither should we...

**STATUTORY CONSTRUCTION** Maxims, Doctrines, Rules and Guidelines in Construction and Interpretation of the Laws. A**. Dura Lex Sed Lex** Answer: The law is harsh, but it is the law. B. **Ubi Lex Non Distinguit Nec Nos Distinguere** Answer: Where the law does not distinguish, neither should we. C. **Generalia Verba Sunt Generaliter Inteligencia** Answer: General words are to be understood in a general sense. D**. Reddendo Singula Singulis** Answer: Rendering each to each. E**. Ejusdem Generis** Answer: Of the same kind. F**. Noscitur A Sociis** Answer: It is known from its associates. G. **Casus Omissus Pro Omisso Hebendus Es** Answer: A case omitted is to be held as omitted. H. **Expresio Unius Est Exclusio Alterius** Answer: The express mention of one thing implies the exclusion of another. I. **Doctrine of Necessary Implication** Answer: A doctrine that allows courts to imply a provision in a law that is not explicitly stated, but is necessary to give effect to the law\'s purpose. J. **Use of \"shall,\" \"must,\" \"ought,\" and \"may\"** Answer: These words carry different degrees of obligation and permission. K. **Use of \"and,\" \"or,\" and \"and/or\"** Answer: These conjunctions have distinct meanings in legal interpretation. L. **\"Year,\" \"Month,\" \"Day,\" and \"Night\"** Answer: These terms refer to specific periods of time. M. **\"Week\"** Answer: This term refers to a seven-day period. **Intrinsic aids** are those that are found within the law itself, such as the title, preamble, definition section, and punctuation. These internal elements provide context and guidance for understanding the law\'s purpose and scope. **Extrinsic aids** are those that are found outside the law, such as dictionaries, judicial decisions, administrative regulations or decisions, constitutional deliberations, and foreign jurisprudence. These external sources offer additional perspectives and interpretations that can help clarify the law\'s meaning and application. Let\'s discuss each category in more detail: **Intrinsic Aids:** \- **Title**: The title of a law often provides a concise summary of its subject matter. It can be helpful in understanding the general purpose of the law. \- **Preamble**: The preamble is an introductory statement that explains the reasons for enacting the law. It can provide insight into the legislative intent and the problems the law aims to address. \- **Definition Section**: Many laws include a definition section that clarifies the meaning of key terms used in the law. This helps ensure consistency and avoid ambiguity in interpretation. \- **Punctuation**: Punctuation marks can be important in legal interpretation. They can help to clarify the meaning of sentences and phrases, especially when dealing with complex legal language. **Extrinsic Aids:** \- **Dictionary**: Dictionaries can be helpful in understanding the meaning of words used in laws. They can provide definitions that are relevant to the specific context of the law. \- **Judicial Decisions**: Previous court rulings on similar laws or issues can provide valuable guidance for interpreting a law. These decisions establish precedents that can be used to support or refute particular interpretations. \- **Administrative Regulations or Decisions**: Agencies responsible for implementing laws often issue regulations and make decisions that can clarify the law\'s application. These regulations and decisions can provide practical guidance on how the law is intended to be applied. \- **Constitutional Deliberations**: The Constitution is the supreme law of the land, and its provisions can be used to interpret other laws. Constitutional deliberations and rulings can provide insights into the fundamental principles that underlie a law. \- **Foreign Jurisprudence**: The legal systems of other countries can provide valuable insights into how similar laws have been interpreted and applied. This can be particularly helpful when dealing with laws that are based on common law principles. A. **Kinds of Construction and Interpretation**: This section likely delves into the various methods and approaches used to interpret and understand the meaning of laws. B. **Construction and Interpretation of Different Kinds of Laws**: This section focuses on specific categories of laws and how they are interpreted. The examples listed suggest a focus on: **- Criminal Law**: Laws that define crimes and their punishments. **- Labor Law**: Laws that govern the relationship between employers and employees. **- Social Legislation**: Laws that aim to address social issues and improve the well-being of society. **- Election Law**: Laws that regulate the process of elections. **- Procedural Laws**: Laws that establish the procedures for legal proceedings. **- Tax Laws**: Laws that govern the collection and payment of taxes. **- Tax Exemptions/Tax Amnesty/Tax Deductions**: Laws that provide exceptions, forgiveness, or reductions in tax liabilities. **- Naturalization Law**: Laws that govern the process of becoming a citizen of a country. **Basic Guidelines**: This likely refers to general principles or rules that guide the interpretation of laws when they overlap in subject matter. **Horizontal Coherence**: This concept emphasizes the need for consistency and harmony between laws that address the same subject matter but are enacted at the same level of government (e.g., federal, state, or local). **Statutes In Pari Materia**: This Latin phrase means \"statutes on the same subject matter.\" It refers to the principle that laws dealing with the same topic should be interpreted in a way that avoids contradictions and creates a cohesive legal framework. **General Law vs. Special Law**: This distinction refers to the relationship between broad, general laws that apply to a wide range of situations and more specific laws that address particular circumstances or exceptions. When interpreting laws, courts consider whether a general law should be applied or whether a more specific law takes precedence. **Vertical Coherence**: This principle emphasizes consistency between laws enacted at different levels of government. For example, a federal law should be interpreted in a way that is consistent with state laws on the same subject matter. **Basic Guidelines in the Construction and Interpretation of the Constitution**: This section likely covers general principles and approaches used by courts and legal scholars to understand and interpret the Constitution. These guidelines might include: \- **Originalism**: This approach emphasizes the original intent of the framers of the Constitution. It seeks to interpret the Constitution based on what the framers meant when they wrote it. Originalists often look to historical documents, debates, and writings of the framers to understand their original intent. \- **Textualism**: This approach focuses on the plain meaning of the words in the Constitution. It emphasizes a literal interpretation of the text, without relying heavily on external sources or historical context. Textualists believe that the Constitution\'s meaning should be derived primarily from the words themselves, as they were understood at the time of ratification. \- **Living Constitutionalism**: This approach views the Constitution as a dynamic document that should be interpreted in light of contemporary values and societal changes. It emphasizes the need for the Constitution to evolve and adapt to changing circumstances. Proponents of this view argue that the Constitution\'s meaning should be interpreted in a way that reflects the evolving needs and values of society. \- **Precedent**: This involves considering previous court rulings on constitutional issues. Courts often follow the precedent set by earlier decisions, ensuring consistency and predictability in constitutional interpretation. This approach emphasizes the importance of adhering to past rulings on similar issues, creating a stable and predictable legal system. **Aids in Construing and Interpreting the Constitution**: This section probably explores specific tools and resources that can assist in understanding and interpreting the Constitution. These aids might include: \- **The Constitution\'s Preamble**: The preamble provides a general overview of the Constitution\'s purpose and goals. It can help to illuminate the underlying values and principles that inform constitutional interpretation. The preamble sets forth the overarching aims of the Constitution, such as establishing justice, ensuring domestic tranquility, and promoting the general welfare. \- **The Structure of the Constitution**: The way the Constitution is organized, with its articles and amendments, can provide clues to the framers\' intentions and the relationships between different provisions. The structure of the Constitution reflects the framers\' vision of a balanced government with checks and balances between different branches. \- **Legislative History**: Examining the debates and discussions that took place during the drafting and ratification of the Constitution can provide insight into the framers\' motivations and the intended meaning of specific provisions. Legislative history can help to shed light on the context in which the Constitution was written and the compromises that were made. \- **Judicial Opinions**: Decisions by the Supreme Court and other courts on constitutional issues can provide valuable interpretations and precedents that guide future legal analysis. Judicial opinions offer detailed analyses of constitutional provisions and provide guidance on how the Constitution should be applied in specific cases.