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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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