Canons of statutory construction
[DOC File]PETITION OF:
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The canons of statutory construction compel the interpretation that the legislature intended that an individual’s license to drive be suspended upon a showing of a particular alcohol concentration, not upon a mere showing of a particular “test result”. 3. The ALJ’s Decision is Correct and Consistent with the Legislative History.
[DOCX File]Introduction homepage
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and canons of statutory construction to argue that the Court should place dispositive weight on the fact that Titles I and III of the ADA name the Attorney General, while Title II does not. MTD at 4-5. Canons of construction are, of course, “not mandatory rules,” but “guides . . . designed to help judges determine the Legislature’s ...
[DOCX File]Georgetown University Law Center
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Canons of Statutory Construction II: Substantive Canons (Chapter 5, pp. 27-47, 63-79) Read: Substantive Canons . Muscarello. Gregory v. Ashcroft. Questions: Be sure you know the difference between grammar/latin canons and substantive canons.
[DOC File]Assignment IV - Miami
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Cases interpreting statutes often rely on general principles of statutory construction, sometimes referred to as “canons of construction.” This assignment will help you identify some of these principles and to recognize that a case can be authority for these general principles as well as for arguments specific to the statute it is interpreting.
[DOC File]VAOPGCPREC 3-99
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USI Film Products, 511 U.S. 244 (1994), the Court noted the existence of two seemingly inconsistent judicially-created canons of statutory construction concerning the effect of intervening statutes. On the one hand, the Court noted, was the principle that, “‘a court is to apply the law in effect at the time it renders its decision.’”
[DOC File]Ch - NYU Law
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Canons of statutory construction rest on wholly unrealistic conceptions of the legislative process, such as assuming legislative omniscience. “[A] statute necessarily is drafted in advance of, and with imperfect appreciation for the problems that …
[DOCX File]Home | NYU School of Law
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Canons of construction. The Letter Versus the Spirit of the Law (text vs. intent/purpose) This is the classic dichotomy in approaches to statutory interpretation, but it’s important to note that the two approaches are not, by any means, mutually exclusive. Indeed, the split between them seems, to me, artificial and unproductive.
[PDF File]Introduction and Summary
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Second, canons of statutory construction also recognize a distinction between general and specific terms; general provisions do not qualify specific ones (generalia specialibus non derogant). See, e.g., Mattel, Inc. v. Barbie-C. lub.com, 310 F.3d 293, 300 (2d Cir. 2002)
[DOC File]Paralyzed Veterans of America v. Ellerbe Becket Architects
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Under well-established canons of statutory construction, in addition to examining the text of the statute, the Court must also look to its remedial purposes. By including within the coverage of section 303 those with control over design and construction, Congress chose the path that would best safeguard its stated purpose, "that, over time ...
[DOCX File]California Courts - Home
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of Statutory Construction Do Not Assist Moore’s Claim Moore also relies on several canons of statutory construction in arguing that Penal Code section 1001.36 must be construed as repealing Vehicle Code section 23640 by implication, insofar as Vehicle Code section 23640 prohibits courts from granting pretrial mental health diversion
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