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LSDefine

Simple English definitions for legal terms

statutory construction

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A quick definition of statutory construction:

Statutory construction, also known as statutory interpretation, is the process of figuring out what a law means so that a court can apply it correctly. Sometimes the words of a law are clear, but often there is some confusion that needs to be resolved by a judge. To understand a law, judges use different tools like looking at the words of the law, its history, and its purpose. If a law is still unclear, judges can interpret it themselves. There are rules that judges follow to make sure they interpret laws correctly, like making sure a law is consistent and that exceptions are clear. In the United States, there are two main ways judges interpret laws, but both use the same tools.

A more thorough explanation:

Statutory construction, also known as statutory interpretation, is the process of determining the meaning of a particular law or statute so that a court can apply it accurately. This process is necessary because sometimes the words of a statute may have multiple meanings or be unclear, and judges need to determine the original intent of the legislature.

For example, if a statute says that "no vehicles are allowed in the park," a judge may need to determine whether bicycles or skateboards are considered vehicles and therefore prohibited in the park.

To determine the meaning of a statute, judges use various tools of statutory interpretation, including:

Statutory construction begins with looking at the plain language of the statute to determine its original intent. If the meaning of the statute remains unclear, courts attempt to ascertain the intent of the legislature by looking at legislative history and other related sources. Courts generally avoid any interpretation that would create an absurd result that the legislature did not intend.

For example, if a statute says that "all dogs must be on a leash," a court may look at the legislative history to determine whether the legislature intended for this rule to apply to service dogs or other types of working dogs.

Because legislators may intend different things when they vote for a bill, statutory construction is often difficult. Statutes are sometimes ambiguous enough to support more than one interpretation. In these cases, courts are free to interpret statutes themselves.

Once a court interprets the statute, other courts usually will not go through the exercise again, but rather will enforce the statute as interpreted by the other court, similar to stare decisis.

Overall, statutory construction is an important process that helps ensure that laws are applied fairly and accurately.

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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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