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Define Statutory Construction? expounding the meaning and intention of the authors of the
law.
If the language of the statute is plain and free from ambiguity, and
The statute must be interpreted literally and applied without
expresses a single, definite and sensible meaning, what must the court
interpretation.
do?
When language of law is clear, no explanation of it is required
What is “Absoluta sententia expositore non indigent”?
When the language of the law is clear, it should be given its ___. Natural meaning
A general provision may actually have a limited application ___ If read together with other provisions.
A provision of section, which is unclear by itself, may be clarified by
Reading and construing it in relation to the whole statute.
__?
The one that better serves the purpose of the law should prevail.
What should prevail between the two statutory interpretations?
“Between the two statutory interpretations, that which better serves the
purpose of the law should prevail.
When the reason of the law ceases, what will happen to the law? The law itself ceases.
What is ‘Cessante Ratione legis, cessat ipsat lex.”? “When the reason of the law ceases, the law itself ceases.”
It can operate and apply only if and when the omission has been clearly
When can Casus Omissus operate and apply?
established.
What is “Ubi lex non distinguit nec nos distinguiere debemos.”? When the law does not distinguish, courts should not distinguish.
“Ubi lex non distinguit nec nos distinguiere debemos.” Is founded on General words and phrases of a statute should ordinarily be accorded
logic, is corollary of the principle that _______. their natural and general significance.
Can the courts may except something when the law does not make any Yes, “When the law does not make any exception courts may not except
exception? something unless compelling reasons exist to justify it.
What is Ejusdem Gemeris? Where general words follow an enumeration of persons or things
– the express mention of one person, thing or consequence implies the
exclusion of all others
What is Expessio Unuis Est Exclusio Alterius?
Or anything that is not included in the enumeration is excluded
therefrom
Why does Expessio Unuis Est Exclusio Alterius is very important It is useful as a guide in determining the probable intention of the
though limited in application in the interpretation of statures? legislature.
If the legislature did not in fact intend that its express mention oof one
Then the maxun Expessio Unuis Est Exclusio Alterius must give way.
thing should operate as an exclusion of all others.
What is Noscitur A Sociiss? Word construed with reference to accompanying or associated words.