Canons of statutory interpretation
[DOC File]STATUTORY INTERPRETATION - Home | NYU School of Law
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Textual Canons . Purpose of this analysis is to interpret the statutory language based on surrounding text; courts generally move from the narrow meaning to the broad meaning. Linguistic Cannons/ Intrinsic Cannons. Noscitur a Socis - “it is known from their associates”
[DOC File]How to Read A Statute
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736, 741 [“Questions of statutory interpretation are, of course, pure matters of law upon which we may exercise our independent judgment.”].) “Our primary objective in interpreting a statute is to determine and give effect to the underlying legislative intent. [Citation.]
[DOC File]Summary of Legislation and statutory interpretation
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Integrating canons: determine meaning by making “operative words” fit w/extrinsic sources that precede the statute. Anti-derogation rule (common law): Resolve ambig in interest of preserving common law. Statutory integration (Rule against Implied Repeal): preserve as much of old law as possible. Constitutional avoidance. Anti-preemption canon
[DOCX File]California Courts - Home
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Settled canons of statutory interpretation tell us that the starting point of any analysis must be the plain words of the statute. Staples v. United States, 511 U.S. 600, 605 (1994). When the plain words are unambiguous, the inquiry is at an end; there is no need to have recourse to the legislative history or other collateral sources.
[DOC File]INTERPRETATION OF STATUTES
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Sources: Dictionaries and Canons of Construction. In arguing “plain meaning,” lawyers often resort to rules of interpretation, known as canons of construction, that are usually referred to by their Latin names. A widely used example is expression unius est exclusio alterius. (The expression of one specific thing is the exclusion of another.)
Canons of Statutory Construction - United States Federal ...
Principles of Statutory Interpretation BCIA: s. 8: Legislation “must be construed as being remedial, and must be given such f -Expansive rather than technical (see Rizzo: protect vulnerable group) -Informed by legislative purpose; strongest for benefit-conferring legisl. s. 2(1): BCIA applies unless there is a clear intention to the contrary ...
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Since statutory interpretation is a purposive activity, this presumption constitutes its very essence. The foundation of this presumption is an acknowledgement that legislation has a functional purpose and object, (it must be interpreted purposively).
[DOC File]Legislative Process and Statutory Interpretation
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Statutory Interpretation 6. SI theories 6. SI approach 9. Cases 11. ADMIN. Intro 14. History 14. Policy debates 15. Law 17. Approach 17. Policy/Notes 19. Where things stand re Chevron 20. exceptions to nac requirements 20. Fact 22. Formal Adjudication – § 706(2)(e) 22. Policy 23. Exceptions To Reviewability 26. Statutes preclude judicial ...
[DOC File]The Disability Rights Council of Greater Washington, et al ...
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“Dueling Canons,” Duke Law School Colloquium on Statutory Interpretation, Durham, NC (January 2015). Moderator, “Constitution Day 2014: A Discussion of the Court’s Major Decisions of the Past Year,” St. John’s University School of Law, Constitution Day Event (September 2014)
[DOC File]Principles of Statutory Interpretation - UVic LSS
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Canons both linguistic and substantive. 5 linguistic Canons. Expressio Unis—expression of one to the exclusion of others (specific list and it’s only the list) Ejusdem Generis—of the same type, look at catch all at end of list based on list members ... Summary of Legislation and statutory interpretation ...
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