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Definition
| The language of the statute is clear and unambiguous and it must be followed. The court's sole function is to enforce the statute according to its terms. |
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| Requires that a statute be read while keeping legislature's intentions in mind. |
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| Courts should not read a statute literally if doing so produces absurd results. |
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Term
| Expressio Unius Est Exclusio Alterius |
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Definition
| "The expression of one thing is the exclusion of another." When a writer specifically mentions one item, he or she by implication intends to exclude some other item. Ex: wkds and public holidays excludes ordinary weekdays. Look for a list. |
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Definition
| "It is known from its associates." The meaning of a word can be determined by accompanying words or phrases (in its context) surrounding it. Look for a list. |
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Definition
| Translated means "of the same kind." A general phrase following a list of specific items refers to an item of the same type as those in the list. Look for the list. |
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Term
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Definition
| Translated means "on the same subject." Statutes on the same subject are to be interpreted together even if passed at different times and differences between statutes. When statutes inconsistent, the more recent or particular statute will usually control over earlier or more general statute. |
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Term
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Definition
| Words or phrases that have special or technical meaning. Interpret statutory language according to ordinary meaning of the word unless it is clear that legislature intended a different meaning. Ex: reasonable person |
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Term
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Definition
| Narrow reading of statutory language (criminal statutes in favor of def). Court prefers narrow or less inclusive interpretation of the language. |
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Definition
| Broad reading of statutory language (not in criminal statutes). Court prefers broader or more inclusive interpretation of the language. |
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