Rules of interpretation

Criticism[ edit ] Critics of the use of canons argue that canons impute some sort of "omniscience" to the legislature, suggesting that it is aware of the canons when constructing the laws.

The rules of statutory interpretation (2)

Any reference to a statute is also a reference to the applicable rules and regulations adopted under that statute. The rules of interpretation contained in Article I of the Credit Agreement shall be applicable to this Guaranty Agreement and each Guaranty Joinder Agreement and are hereby incorporated by reference.

This is usually indicated by a word such as "includes" or "such as. The ejusdem generis or eiusdem generis, Latin for "of the same kind" rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear.

Statutory interpretation

The rules of statutory interpretation 2 Please purchase the course before starting the lesson. A special system is the act containing the norm.

Basic rules of interpretation

What was the common law before the making of the Act? In a classic article, Karl Llewellyn argued that every canon had a "counter-canon" that would lead to the opposite interpretation of the statute.

The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated.

Noscitur a sociis "a word is known by the company it keeps" When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. It can, however, also refer to a larger number of such provisions or even refer to a statute as a whole. They claimed they were not guilty as they were not in the "street".

They do not oust the jurisdiction of the courts 5. Hence, statutes were viewed from the point of view of their effect upon the common law, as adding to it, subtracting from it or patching it up It teaches over terms essential for successful postgraduate legal studies in English, and also includes invaluable study tips, exercises designed to train your academic legal skills development and reading, writing, listening and speaking practice.

Mischief rule

Any reference to a Section, without more, is to a Section of this Plan. A particular section of the statute shall not be divorced from the rest of the act.

Driedger puts it this way: In the US, this canon has grown stronger in recent history. Of course, the cardinal rule is to ascertain and effectuate legislative intent. Lawrence 24 Cal. The Charming Betsy6 U.

International law is not the only regulatory system. Because the statutory language is generally the most reliable indicator of that intent, we look first at the words themselves, giving them their usual and ordinary meaning.

References to days shall mean calendar days unless otherwise indicated. However, in areas where the Canadian constitution is silent, the federal government does not necessarily have superior Rules of interpretation.

Statutory interpretation refers to the process by which a court looks at a statute and determines what it means.Interpretation should be based on the priority of the application of special rules over general rules.

We are talking about the priority of the application, not a general priority or a higher legal force which would allow a special norm to cancel the general one. The rules of statutory interpretation are not rules in the strict sense, as each one may point to different solution to the same problem.

There is no hierarchy of rules to be applied and neither is any court bound to follow a particular rule. In most instances, the following rules of interpretation will apply.

Statute Overrides. If the statute uses words such as "notwithstanding any provision of the governing documents to the contrary" or any similar language, the statute overrides the association's CC&Rs. Rules of Interpretation. Whenever appropriate, words used herein in the singular may be read in the plural, or words used herein in the plural may be read in the singular; the masculine may include the feminine and the words hereof, herein or hereunder or other similar compounds of the word here mean and refer to this entire Plan and not to any.

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Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning.

Rules of interpretation
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