statutory construction general specific

311.002. The district court found that the claims . [FN5] Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts. Institutional Framework 6. Supreme Court Rules 5. Absurdity: 3. In case you think I'm making this up, here are a few The following list includes 25 key pieces of legislation that can be applied to health and safety on construction projects: The Health and Safety at Work Etc Act - not exactly a regulation, but the act under which specific health and safety regulations are formed. b. This installment of Interpretation Matters examines the application of that canon to state and local tax controversies. 1-1a. IN GENERAL A. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. Second, courts interpret specific provisions by looking to the broader statutory context. Statutes are presumed to apply prospectively, that is, to events that occur after the statute takes effect.

25 and the rule that a specific statute prevails over a general one. - a judicial lien obtained by legal or equitable process or proceedings. Scheme of Act 3. SUBCHAPTER A. Under the longstanding rule of construction that newer and more specific statutes take precedence over older and more general statutes, we conclude it is section 366.3's time limit that controls.". General/Specific Canon. 311.001. Legislation. LIEN RESTRICTIONS. Grammatical and Ordinary Sense 3. 1. 491. Specific Versus General Contract Terms: This well-known and often used rule holds that specific terms and exact terms are given greater weight than general contract language. making sense of what someone else has written. . The 'mischief . These tools often overlap. This was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed. One long-standing response to that situation is the canon of construction that in cases of conflict, specific statutes control over general statutes. Statutory Construction Reviewer Vena V. Verga and Aris S. Manguera STATUTORY CONSTRUCTION REVIEWER STATUTORY CONSTRUCTION REVIEWER SUMMARY OF AGPALO CHAPTER 1 I. Third, judges may turn to the canons of construction, which are presumptions about how courts ordinarily read statutes. Statutory Interpretation 11 If a general provision of a statute conflicts with a specific or local provision, the specific or local provision prevails as an exception to the general provision, unless the general provision was adopted later and the manifest intent is that the general provision prevail. o See State v. Kasnett, 34 Ohio St. 2d 193 (1973) and Dolan v. U.S. This Appendix collects the canons of statutory construction that have been used or developed by the Rehnquist Court, from the 1986 through the 1993 Terms of the Court (inclusive). 10 Its relevance in the BPAS application is made apparent when considering the purpose of section 1(3) against its actual effect in the current circumstances. THE HON MICHAEL KIRBY AC CMG [Statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by Australian lawyers. Generalia specialibus non derogant is a Latin maxim. Prepared by: Sharyn Smith, Assistant . Generalia stands from general; Specialibus stands for special. Where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation." To repeat, the basic rule of construction is to apply the law when it is clear. A. Statutory Text a. Statutory Definitions Many statutes contain a "definitions" section that sets forth and defines the key terms used in the statute. In some circumstances, the General Assembly can specify that a bill should apply to events that occurred before the bill passed, in which case the presumption does not apply. When interpreted, it means that general laws do not prevail over special laws or, the general does not detract from specifics. Using the wrong form could invalidate the waiver. "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation; Is an example of an encumbrance placed on the title to a real property, and includes: - a security interest created by agreement. Further, the common sense that is to be applied, is to be applied with a background knowledge of the rudiments of english expression and a knowledge of the generally accepted approach taken in the consideration of legislative interpretation or construction. GENERAL PROVISIONS. Section 2-4-205, C.R.S., directs a court to read the statutes together and give effect to both of them if possible. Contextual Issues: 2. The Supreme Court doctrine in the interpretation and construction of statutes (2) Canons of Interpretation and Construction. "Because statutory construction is an issue of law," appellate review is de novo.12 Hence, the reviewing court gives no deference to a lower court's own interpretation of the statutory text. "Special election warned and held or called for that purpose", means "referendum", when. specific terms in a statute, are . Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means "of the same kind." The statutory and constitutional construction principle of "ejusdem generis" states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those . Tools of Statutory Interpretation.

At the end are some canons that apply to specific areas of law. Harmonious construction 50) General things to not derogate from special things . Statutory Silence Statutory silence may mean a few things: (1) Where a statute is silent, courts must turn to the common law to fill statutory gaps (2) Where a statute contains an express exemption, but silence as to another potential exemption, there is an implied intent to not exempt the latter (3) Where a statute denounces an act as criminal without specifically requiring criminal An Art: The Nature of a Statute "Art" is defined as a "skill acquired by experience, study or observation."2 Nothing better describes the act of lawyers and judges attempting to discern the legislative intent of a statute. See 18 U.S.C. "Specific provisions relating to a particular subject must govern in respect to that subject, as against general provisions in other parts of the law which otherwise might be broad enough to include it." Lewis' Sutherland Statutory Construction (2d Ed.) These include the duty to harmonize statutes on the same subject if possible, fn.

As stated by DC Pearce and RS Geddes in their book on statutory interpretation: [1] The first few are general principles of statutory construction, followed by a number of specific canons. The Meaning of Section 9 3. 1 THE ART OF STATUTORY CONSTRUCTION: TEXAS STYLE1 I. Postal Service, 546 U.S. 481 (2006). The law should be given it's plain meaning wherever possible. This Interpretation Matters installment examines courts' application of that canon to state and local tax controversies. The Goal of Statutory Construction 1-24 2. If statutes are irreconcilable, the statute STATUTORY CONSTRUCTION -LEGISLATIVE INTENT 7. This chapter applies to: (1) each code enacted by the 60th or a subsequent legislature as part of the state's continuing statutory revision . Sec. But, if the General Assembly passed the general requirement after it passed the . Object of Act/Intention of Parliament 3. HeinOnline -- 11 Harv. The Appendix divides the canons into three conventional . When general words follow a list of specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to the objects enumerated by the preceding specific words A list alone isn't sufficient; must share a common attribute. Singer, Sutherland Statutory Construction, 51.02, at 188 (6th ed. The fundamental objective in statutory construction is to determine and carry out the . Ruth Sullivan - The Plain Meaning Rule and Other Ways to Cheat at S.I 7. It is specifically provided in the constitution of its composition.

Non-statutory aids are illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. general principles what is statutory construction? The doctrine of Royal Pardon. Statutory Interpretation 6. 4) the purpose of the clause. Judges use a variety of tools to help them interpret statutes, most frequently relying on five types of interpretive tools: ordinary meaning, statutory context, canons of construction, legislative history, and evidence of the way a statute is implemented. There is no "right" formula that will always yield one concrete and correct result. one reasonable construction, courts should choose an interpretation that avoids raising constitutional problems. 3) other relevant terms that might help determine the meaning of the language. Sometimes these specific terms are Acts 1985, 69th Leg., ch.

Advisory Legal Opinion - Construction of specific and general statutes. Construction - General and Specific Provisions . and the basic principles of construction, and obviously any statutory dictates of construction. 3. First, judges often begin by looking to the ordinary meaning of the statutory text. Reference is now frequently made by judges to the concept of "purposive" statutory construction, ie one that will "promote the general legislative purpose underlying the provisions" (per Lord Denning MR in Notham v London Borough of Barnet [1978] 1 WLR 220). "Elector" defined. Allen v. Stoddard (Cal. Sometimes these specific terms are The 2021 Florida Statutes. More specific enactments control over more general enactments 1-65 c. Enactments later in time supersede earlier ones 1-65 E. Agency Administrative Interpretations 1-66 Statutory Interpretation 11 If a general provision of a statute conflicts with a specific or local provision, the specific or local provision prevails as an exception to the general provision, unless the general provision was adopted later and the manifest intent is that the general provision prevail. Statutory construction has been the backwater of legal the-ory. 1. (1) Any person who desires to engage in contracting on a statewide basis shall, as a prerequisite thereto, establish his or her competency and qualifications to be certified pursuant to this part. Canons of Construction: Ejusdem generis - when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include only items of the same type as those listed; Expresio unius est exclusion alterus - to express or include one thing implies the exclusion of another; The specific governs over the . statutory meaning. Some of the other basic principles of literal construction are: (i) Every word in the law should be given meaning as no word is unnecessarily used. In general. What a Court Should Consider in interpreting a contract: 1) the plain meaning of the language. 5) the purpose of the contract as a whole. Sept. 1, 1985. RE: STATUTORY CONSTRUCTION--SPECIFIC VERSUS GENERAL STATUTES. 1, eff. general provision then the rule "general provision should yield to special provision" is squarely attracted. "Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction."2 For constitutional interpretation, a debate rages among originalists who look to history and intent; structuralists who . usman . It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. Finally, the prefatory paragraph to the statutory analysis usually begins or ends with a statement of the standard of review. In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statuteusually Congress or a state legislaturemeant by the language . - it is the art of seeking the intention of the legislature in enacting a statute and of applying it toa given state of facts construction distinguished from interpretation construction: the drawing of conclusionsrespecting subjects that lie beyond the direct expressionof the text; has to go 1 Although McBoyle denied the charge, the jury convicted him of interstate transportation of a stolen "motor vehicle" in violation of a federal statute. Payment by bank treasurer's or cashier's check in lieu of certified check. 1010 (false statements to Department of Housing and Urban Development and Federal Housing Administration transactions). The doctrine of Statutory Interpretation. The second part explores strategies by . b. In such cases it is necessary to determine the effect of the more specific statute on the scope of the more general. , That is particularly true where, as here, "Congress has enacted a comprehensive scheme and has deliberately targeted specific problems with specific solutions ." c. The doctrine of Parliamentary Sovereignty. [Vol. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. fn. Sec. 2000) ("Provisions in one act . III. But canons of statutory construction "are 'merely aids to ascertaining probable legislative intent.' [Citation.] these materials are assembled as a guide only and the published statutory text should be consulted before reaching a legal conclusion or taking action. All the "terms" used by government opponent "United States", myself, and the Court, the following rules of statutory construction and interpretation MUST apply. A general law is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class, while a special act is one which relates to particular persons or things of a class. 1001, Congress passes a more specific statute. 489.113 Qualifications for practice; restrictions.. All statutory offenses imposing . 2) the drafting of the language. (ii) One should not presume any omissions and if a word is not there in . If the two requirements conflict and they cannot both apply, the court must apply the specific requirement instead of the general requirement. The labels are still in common use, but they are dangerous. Wade v. Madding, 28 S.W.2d 642, 161 Tenn. 88,, (Tenn. 1930) 28 S.W.2d 649. To establish competency, a person shall pass the appropriate . Tools of Statutory Interpretation.

This requires statutory construction. SHORT TITLE. Fourth Dist., Div. The Limits of Literalism: Errors in Statutes and "Absurd Consequences" 1-29 . GENERAL TERMS FOLLOWING SPECIAL TERMS (EJUSDEM GENERIS) It is a general rule of statutory construction that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of . In the US, this canon has grown stronger in recent history. Specific word follows general words c. Either (a) or (b) d. Both (a) or (b) . very old and well-established maxim of statutory interpretation, which can be generalized as "the specific governs the general." Where any law gives a GENERAL rule, but also includes a SPECIFIC rule regarding some narrow issue, the specific rule "trumps" the general. If there is a conflict between a general provision and a specific provision, the . The statutory construction/interpretation is the various methods and tests used by the courts for determining the meaning of a law.10 min read 1.

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