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statutory construction vs. statutory interpretation



ladylaw888@yahoo.com (Michelle)
8/25/2004 7:41:52 AM


Is there a difference between the terms:
A) statutory interpretation
B) statutory construction
???
 
 
"McGyver"
8/25/2004 6:54:50 AM


No difference.
McGyver


"Michelle" <ladylaw888@yahoo.com> wrote in message
news:4pXWc.5219$MN1.920@newssvr23.news.prodigy.com...

Is there a difference between the terms:
A) statutory interpretation
B) statutory construction
???
 
 
ladylaw888@yahoo.com (Michelle)
8/25/2004 8:28:28 PM


1. Expressio unius est exclusio alterius
2. Noscitur a sociis
3. Ejusdem generis
What do you call these?
In article <2p3k28Ffd7qvU1@uni-berlin.de>, Greyprof@msn.com says...
No difference.
McGyver


"Michelle" <ladylaw888@yahoo.com> wrote in message
news:4pXWc.5219$MN1.920@newssvr23.news.prodigy.com...

 
 
"Arthur L. Rubin"
8/25/2004 1:45:43 PM


Michelle wrote:
1. Expressio unius est exclusio alterius
2. Noscitur a sociis
3. Ejusdem generis
What do you call these?
Irrelevant?
 
 
"Arthur L. Rubin"
8/25/2004 1:55:02 PM


Michelle wrote:
1. Expressio unius est exclusio alterius
"The expression of one thing is the exclusion of another."
Actually discredited in legal terms.
2. Noscitur a sociis
" ... it is known by its associates. The meaning of a word
is known from the accompanying words."
3. Ejusdem generis
"Of the same kind."
http://lega-dictionary.thefreedictionary.com gives as an
example, when a list of items is given, and then the document
(law, contract, will, etc.) specifies "and others", then the
"and others" are restricted to items of the same kind as
those enumerated.
(If you're trying to extend this to the idiocy on misc.taxes,
it doesn't work. Those laws actually say "all income, including...",
rather than giving a list of items, and then say "and other income".)
 
 
ladylaw888@yahoo.com (Michelle)
8/25/2004 11:15:41 PM


Are not these referred to as the "canons of statutory construction"?
In article <412CFCA6.5B2CE17D@sprintmail.com>, ronnirubin@sprintmail.com
says...
Michelle wrote:
"The expression of one thing is the exclusion of another."
Actually discredited in legal terms.
" ... it is known by its associates. The meaning of a word
is known from the accompanying words."
"Of the same kind."
http://lega-dictionary.thefreedictionary.com gives as an
example, when a list of items is given, and then the document
(law, contract, will, etc.) specifies "and others", then the
"and others" are restricted to items of the same kind as
those enumerated.
(If you're trying to extend this to the idiocy on misc.taxes,
it doesn't work. Those laws actually say "all income, including...",
rather than giving a list of items, and then say "and other income".)
 
 
"Arthur L. Rubin"
8/25/2004 5:19:38 PM


Michelle wrote:
(after fixing her idiotic top-posting)
In article <412CFCA6.5B2CE17D@sprintmail.com>, ronnirubin@sprintmail.com
says...
Are not these referred to as the "canons of statutory construction"?
Sometimes. The first canon of statutory construction, though,
is "read the statute". (In some restatements, it's the first
three or four.)
 
 
ladylaw888@yahoo.com (Michelle)
8/26/2004 4:22:57 AM


1. Expressio unius est exclusio alterius
2. Noscitur a sociis
3. Ejusdem generis
- & -
a. The Literal Rule
b. The Golden Rule
c. The Purposive Approach
Which group is referred to as "statutory construction"?
ladylaw888@yahoo.com says...
Is there a difference between the terms:
A) statutory interpretation
B) statutory construction
???
 
 
"Tim Provis"
8/28/2004 12:38:36 AM


"Are not these referred to as the "canons of statutory construction"?"
Yes. But they are not the only canons of statutory construction. If you
want to know everything there is to know about statutory construction, then
you need to get ahold of the famous treatise, Sutherland on Statutory
Construction.
Since Professor Sutherland is dead now, the author is Sands.
Yours,
Tim Provis
Appellate Counsel
http://welcome.to/dealsonappeals
Cal. Bar No. 104800
Wis. Bar No. 1020123


"Michelle" <ladylaw888@yahoo.com> wrote in message
news:x49Xc.5303$MJ5.3963@newssvr23.news.prodigy.com...

Are not these referred to as the "canons of statutory construction"?
 
 
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