Legal Definitions - rule of construction

A rule of construction is a principle or guideline that courts use to interpret the meaning of legal documents, such as statutes (laws), contracts, wills, or constitutional provisions, when the language used is unclear, ambiguous, or open to multiple interpretations. These rules help judges determine the original intent of the drafters or the most reasonable meaning of the text, ensuring consistency, fairness, and predictability in legal interpretations.

Here are some examples illustrating how rules of construction are applied:

• Example 1: Interpreting a Contractual Clause

  Imagine a business contract that states, "The tenant is responsible for maintaining the lawn, shrubs, trees, and other landscaping on the property." A dispute arises when a decorative stone fountain on the property falls into disrepair, and the landlord argues the tenant is responsible for its maintenance under "other landscaping."

  A court might apply a rule of construction known as ejusdem generis (Latin for "of the same kind"). This rule suggests that when a general word or phrase ("other landscaping") follows a list of specific items ("lawn, shrubs, trees"), the general word should be interpreted to include only things of the same type as the specific items listed. In this case, the court might conclude that "other landscaping" refers only to living plant matter, not inanimate objects like a stone fountain. This interpretation limits the broad term based on the context provided by the specific examples, reflecting the likely intent of the parties regarding garden maintenance.

• Example 2: Understanding a City Ordinance

  Consider a city ordinance that prohibits "dogs, cats, and other animals" from entering public restaurants. A person with a trained service miniature horse attempts to enter a restaurant and is denied entry, with the restaurant owner citing the ordinance.

  A court faced with this situation would need to interpret "other animals." While a literal reading might include a miniature horse, the court would likely apply rules of construction that consider the legislative intent and the broader legal context. It might look at the purpose of the ordinance (e.g., public health, hygiene, nuisance) and also consider other laws, such as the Americans with Disabilities Act (ADA), which specifically protects the right of individuals with disabilities to use service animals. The court might conclude that the ordinance, when properly construed, was not intended to exclude legally recognized service animals, or that the specific protections for service animals under federal law create an implied exception to the general "other animals" clause. This demonstrates how courts balance the plain language with the overall purpose of the law and other relevant legal principles.

• Example 3: Clarifying a Will's Provisions

  Suppose a will contains two clauses: "I give all my personal property to my niece, Emily," and later, "I give my antique coin collection to my nephew, Ben." The antique coin collection is clearly a type of personal property.

  To resolve this apparent conflict, a court would apply a rule of construction stating that a specific provision in a legal document generally overrides a more general provision. In this case, the specific gift of the antique coin collection to Ben would take precedence over the general gift of all personal property to Emily. This rule ensures that the testator's (the person who made the will) more precise and specific intentions are honored, rather than being subsumed by a broader, less detailed statement.