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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - canons of construction
Study hard, for the well is deep, and our brains are shallow.
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Definition of canons of construction
Definition: Canons of construction are a set of guidelines or principles used to interpret legal documents, such as statutes. These guidelines help lawyers and judges understand the meaning of the text and apply it to specific cases.
For example, one canon of construction is contra proferentem, which means that any ambiguity in a contract should be interpreted against the party who drafted it. Another canon is ejusdem generis, which means that when a list of specific items is followed by a more general term, the general term should be interpreted to include only items of the same type as those listed.
Canons of construction are not strict rules, but rather principles that guide interpretation. They help ensure that legal documents are interpreted consistently and fairly.
For instance, if a contract includes a clause that is unclear or ambiguous, the canon of construction contra proferentem would suggest that the clause should be interpreted against the party who wrote it. This helps prevent one party from taking advantage of the other by using unclear language in the contract.
The young man knows the rules, but the old man knows the exceptions.
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Simple Definition
Canons of construction are a set of rules that help lawyers and judges understand and interpret legal documents like laws. These rules are not strict, but they guide how people should read and understand the text. Some examples of canons of construction include "contra proferentem" and "ejusdem generis."
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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