Legal Definitions - strict construction

Strict construction is a method of interpreting legal texts, such as statutes or contracts, where the words are applied precisely and literally as they are written. This approach emphasizes the exact wording of the law, giving little or no room for broader implications, underlying intent, or considerations of fairness that are not explicitly stated in the text.

When a judge or legal professional uses strict construction, they focus solely on the plain meaning of the language used, even if a more expansive reading might seem to align better with the perceived purpose or spirit of the law. This method is often contrasted with "liberal construction," which allows for a more flexible interpretation to achieve the law's broader objectives.

Strict construction is particularly important in criminal law, where it often works in conjunction with the "rule of lenity." This rule dictates that if a criminal statute is ambiguous, it should be interpreted in favor of the defendant, meaning the narrower or less punitive interpretation of the law should be applied.

Here are some examples illustrating strict construction:

• Example 1 (Criminal Law): Imagine a local ordinance states, "No person shall operate a motorized vehicle on the public walking trails." A person is cited for riding an electric bicycle on one of these trails. If a judge applies strict construction, they would examine the precise meaning of "motorized vehicle." If the ordinance was written decades ago, before electric bicycles were common, and doesn't explicitly define them as "motorized vehicles" in the same category as cars or motorcycles, the judge might rule that an electric bicycle does not strictly fit the definition. In this scenario, the defendant might not be found guilty, as the law is interpreted narrowly in their favor.

• Example 2 (Business Regulation): A state law mandates, "Any business employing 100 or more full-time employees must provide on-site emergency medical personnel during operating hours." A company has 98 full-time employees and 20 part-time employees. If a regulatory agency applies strict construction, they would look only at the literal phrase "100 or more full-time employees." Since the company only has 98 full-time employees, it does not meet the exact numerical threshold specified in the law. Therefore, despite having a large overall workforce, the company would not be legally required to provide on-site emergency medical personnel, regardless of the law's potential intent to ensure safety at large workplaces.

• Example 3 (Tax Law): Consider a tax statute that states, "Fresh produce sold directly by farmers at certified farmers' markets is exempt from sales tax." A farmer sells fresh apples, homemade apple pie, and apple cider at a certified market. A tax auditor applying strict construction might determine that only the "fresh produce" (the apples) qualifies for the sales tax exemption. The apple pie and apple cider, being processed goods, would not be considered "fresh produce" under a literal interpretation of the statute, even though they are made from the farmer's own apples. Thus, sales tax would apply to the pie and cider.