LEGL 110#6 - LEGL 110 INTRODUCTION TO LAW AND LITIGATION...

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LEGL 110 INTRODUCTION TO LAW AND LITIGATION SPRING 2006 ASSIGNMENT #6 Robert C Brown Jr. 1. Looking for the plain meaning of a statute is a method for interpreting statutes, in which the ordinary meaning of the statute’s language is examined. 2. General principles that guide the courts in their interpretation of statutes are known as canons of construction. 3. Courts use the canons of construction in interpreting statutes when the plain meaning approach fails to resolve statutory ambiguities. 4. Courts are most likely to strictly construe, criminal statutes and statutes in derogation of the common law, those that change the common law. 5. Courts are most likely to liberally construe remedial statutes. 6. Types of documents that could make up a statute’s legislative history include alternative versions of the legislation, proceedings of committee hearings and reports and transcripts of floor debates. 7. The difference between an “issue” and an “element” is that when the law is applied to specific facts and the result is not obvious, it’s known as an “issue”. When a separable part of a statute must be satisfied for the statute to apply it’s know as an element. 8. When reading a statute, it is important to pay attention to the use of “and” and “or” because each part connected by “and” must be satisfied. If “or” is used the
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LEGL 110#6 - LEGL 110 INTRODUCTION TO LAW AND LITIGATION...

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