Term
| Words are generally used... |
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Definition
1) In their ordinary sense
2) Sometimes in a technical sense
3) Or according to accumulated meanings. |
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Term
| Nocitur a Sociis: A thing is known by its associates |
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Definition
Consider a word in light of the other words it is grouped with. |
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Term
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Definition
| When particular/specfic words are followed by general words, the general words are construed to apply only in the same way as the specific. |
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Term
| Expressio Unis: Words omitted are so for a reason |
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Definition
| Expression or inclusion of something on a list indicates exclusion of the other. |
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Term
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Definition
| Refferental and qualifying phrases refer only to the last antecedent. (Punctuation can trump, e.g. with comma) |
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Definition
Construe statute as part of whole
- Coherence
- Common usage
- Meaningful variation |
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Term
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Definition
| Can clarify ambiguity, but doesn't defeat plain language |
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Definition
| Useful to find statutory purpose, but not in themselves a good source for interpretation |
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Definition
| If a construction makes part of the statute redundant, then that's probably a incorrect construction. |
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Term
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Definition
Ambiguous crim statute favors D.
Construe punishments strictly |
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