A legislative directive included in a statute, intended to guide or direct a court’s interpretation of the statute. • A construction act can, for example, be a simple statement such as “The word ‘week’ means seven consecutive days” or a broader directive such as “Words and phrases are to be read in context and construed […]
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whole-statute rule. The principle of statutory construction that a statute should be considered in its entirety, and that the words used within it should be given their ordinary meanings unless there is a clear indication to the contrary. [Cases: Statutes 188, 205. C.J.S. Statutes §§ 321, 324–326, 330, 334.]
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strict constructionism, n. The doctrinal view of judicial construction holding that judges should interpret a document or statute (esp. one involving penal sanctions) according to its literal terms, without looking to other sources to ascertain the meaning. — Also termed strict construction; literal canon; literal rule; textualism. [Cases: Contracts 143(1); Statutes 235, 241(1). C.J.S. Contracts
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equity-of-the-statute rule. In statutory construction, the principle that a statute should be interpreted according to the legislators’ purpose and intent, even if this interpretation goes beyond the literal meaning of the text. • Under this little-used rule, for example, if a statute defines jury-tampering to include a party’s “giving a juror food or drink,” the
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stop-notice statute. A law providing an alternative to a mechanic’s lien by allowing a contractor, supplier, or worker to make a claim against the construction lender and, in some instances, the owner for a portion of the undisbursed construction-loan proceeds. See mechanic’s lien under LIEN. [Cases: Mechanics’ Liens 113, 115. C.J.S. Mechanics’ Liens §§ 117,
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statutory construction. 1. The act or process of interpreting a statute. 2. Collectively, the principles developed by courts for interpreting statutes. — Also termed statutory interpretation. See CONSTRUCTION(2). [Cases: Statutes 174–247. C.J.S. Statutes §§ 306–387.] “[T]here is not, and probably never can be, anything meriting the description of a coherent body of case-law on statutory
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borrowed-statutes doctrine. The principle that if one state adopts a statute identical to that of another state, any settled judicial construction of that statute by the courts of the other state is binding on the courts of the state that later enacts the statute. [Cases: Courts 95(2); Statutes 226. C.J.S. Courts § 157; Statutes §§
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contemporaneous-construction doctrine. The rule that the initial interpretation of an ambiguous statute by an administrative agency or lower court is entitled to great deference if the interpretation has been used over a long period. [Cases: Statutes 218, 219(2). C.J.S. Statutes §§ 342, 344.]
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A rule used in construing legal instruments, esp. contracts and statutes. • Although a few states have codified the canons of construction — examples of which are contra proferentem and ejusdem generis — most jurisdictions treat the canons as mere customs not having the force of law. — Often shortened to canon. — Also termed
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operative construction. 1. The interpretation of a writing or agreement, esp. a contract, statute, or regulation, that is being relied on by the parties, a court, or an administrative agency. 2. Patents. A working embodiment of an invention, usu. used to conceptualize the invention and how it will work rather than to create a working
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