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PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION

Presumption of Validity- The legislative presumed the validity of the law in passing
the law
Presumption of Constitutionality- All laws must conform with constitution
4 elements before the court can decide the constitutionality of the law
1.
2.
3.
4.

Actual case/controversy
Must be raised by the proper party
Must be raised at the earliest possible opportunity
Must be necessary in deciding in the case itself

Presumption of Good Faith- Presumed that the congress had patriotic motives and
justice will prevail
Presumption Against Injustice- That the congress intended right and justice will
prevail in enacting the law
Presumption Against Inconsistency- If the provisions are inconsistent with one
another, they must be reconciled
Presumption Absurdity Absurdity- Must never constress a law to the point that it
will produce absurd result
Presumption Against Ineffectiveness- Must never enact an ineffective law
Presumption Against Jurisdiction
Presumption Against Irrepealable Laws- laws are subject to change
Presumption Against Implied RepealsPresumption As To Public Policy- the legislature intends its enactments to accord
with the principles of sound public policy and the interests of public mortality
Presumption Against Acquiescence to Judicial Construction
Presumption of Jurisdiction
Presumption Against Activity Within the Scope of Authority
Presumption Against Violation of Police Power