statutory interpretation


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statutory interpretation

a generic title for the practice of reading statutes. Certain rules have grown up both in interpretation generally and for statutes in particular. A major aid is the Interpretation Act 1989, which lists a number of deemed interpretations. See EJUSDEM GENERIS RULE, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS, GOLDEN RULE, LITERAL RULE, MISCHIEF RULE, NOSCITUR A SOCIIS.
References in periodicals archive ?
This appeal raised two issues: first, whether a defendant forfeits a challenge to the sufficiency of the evidence that is based on a statutory interpretation argument when he fails to raise it in the District Court, and second, how to apply the intent element in subdivision 1(a) of Minnesota's criminal interference-with-privacy statute, Minn.
Their topics include rules: an overview of statutory interpretation and synthesis, the process of legal writing, the appellate process and standard of review, alternative dispute resolution, and the last critical task: the "white-glove inspection." (Ringgold, Inc., Portland, OR)
EPAs proposed interpretation of reporting requirements for hazardous air emissions from animal waste relies on a statutory interpretation that was considered, and specifically rejected by Congress, when it enacted the FARM Act into law.
This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S.
But like any other mode of statutory interpretation, New Textualism has advantages and disadvantages.
'The powers of judicial review and of constitutional or statutory interpretation are pivotal constituents of the civil court's power under Article 121 (1).
"How clear is clear?" (1) This question has often been asked regarding Step One of the Chevron doctrine, but its relevance is not limited to statutory interpretation in the administrative state.
The generic codifier's canon should be--and arguably already has been (18)--added to the Supreme Court's litany of canons of statutory interpretation. The canons of statutory interpretation are "formal presumptions or rules about statutory meaning." (19) The generic codifier's canon should be recognized as such a rule because doing so would avoid inaccurate interpretations based on artifacts of the codification process--an error that does, in fact, occur in the federal courts.
Supreme Court engage in holistic statutory interpretation. (12) If the court can determine at the outset that the statutory provision is unambiguous on its face, the highest court will ordinarily rule by strict analysis and avoid concepts of equity or other concerns.
I have chosen the title for this lecture to be 'Statutory Interpretation: Mostly Common Sense?' I emphasise the word 'mostly, as there do exist some 'rules' of construction introduced by legislation itself (although it could be argued these too are based on common sense).
Specifically, the Court's decision making on certiorari varies depending on whether the Court expects to focus on statutory interpretation, constitutional questions, or interactions between the Bankruptcy Code and other law.

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