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I. Construction and Interpretation of The Laws

Statutory construction is the act of discovering and explaining the meaning and intent of a law and how it applies to a specific case, especially when the case is not explicitly mentioned in the law. Construction differs from interpretation in that interpretation ascertains legislative intent using intrinsic aids found in the law itself, while construction resorts to extrinsic aids outside the law when intent cannot be determined. Basic rules of construction include interpreting an ambiguous law using legislative intent and construing an unclear intent using aids beyond the text.

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65 views2 pages

I. Construction and Interpretation of The Laws

Statutory construction is the act of discovering and explaining the meaning and intent of a law and how it applies to a specific case, especially when the case is not explicitly mentioned in the law. Construction differs from interpretation in that interpretation ascertains legislative intent using intrinsic aids found in the law itself, while construction resorts to extrinsic aids outside the law when intent cannot be determined. Basic rules of construction include interpreting an ambiguous law using legislative intent and construing an unclear intent using aids beyond the text.

Uploaded by

Katyrynne Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MODULE 1

I. CONSTRUCTION AND INTERPRETATION OF THE


LAWS

STATUTORY CONSTRUCTION, DEFINED

💡 is the act or process of discovering and expounding the meaning and


intention of the law with respect to its application to a given case, where that
intention is rendered doubtful, among other, by the fact that the given case is
not explicitly provided in the law.

CONSTRUCTION DISTINGUISHED FROM INTERPRETATION

📌 CONSTRUCTION and INTERPRETATION PURPOSE

⚠ DISTINCTION

BASIC RULES

Apply
Interpret the Law Construct the Law Column
the Law

MODULE 1 1
Apply
Interpret the Law Construct the Law Column
the Law
When the
When there is ambiguity in the When the intent of legislature cannot
law speaks
language of the statute, be ascertained by merely making use
in clear
ascertain the legislative intent intrinsic aids, the court should resort to
and
by making use of intrinsic aids, extrinsic aids, or those found outside
categorical
or those found in the law itself the language of the law.
language

MODULE 1 2

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