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  • Lesson 1 - Stat Con

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    Jonathan Rivera
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    This document discusses statutory construction, which is the act of ascertaining the intention of the authors of a law and how it applies to cases where the intention is unclear. There are two main processes - interpretation, which uses intrinsic aids found within the language of the law, and construction, which uses extrinsic aids found outside the language. Intrinsic aids include elements like the title, words, and context within the law. Extrinsic aids include things like contemporaneous circumstances, legislative history, and judicial precedents. The overall goal of statutory construction is to interpret or construct the legal text in order to determine how established principles apply to the specific facts of a case.

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    UC Law

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    This document discusses statutory construction, which is the act of ascertaining the intention of the authors of a law and how it applies to cases where the intention is unclear. There are two main processes - interpretation, which uses intrinsic aids found within the language of the law, and construction, which uses extrinsic aids found outside the language. Intrinsic aids include elements like the title, words, and context within the law. Extrinsic aids include things like contemporaneous circumstances, legislative history, and judicial precedents. The overall goal of statutory construction is to interpret or construct the legal text in order to determine how established principles apply to the specific facts of a case.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    33 views9 pages

    Lesson 1 - Stat Con

    Uploaded by

    Jonathan Rivera
    This document discusses statutory construction, which is the act of ascertaining the intention of the authors of a law and how it applies to cases where the intention is unclear. There are two main processes - interpretation, which uses intrinsic aids found within the language of the law, and construction, which uses extrinsic aids found outside the language. Intrinsic aids include elements like the title, words, and context within the law. Extrinsic aids include things like contemporaneous circumstances, legislative history, and judicial precedents. The overall goal of statutory construction is to interpret or construct the legal text in order to determine how established principles apply to the specific facts of a case.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 9

    STATUTORY

    CONSTRUCTION
    By
    NESTOR P. MONDOK

    STATUTORY CONSTRUCTION
    DEFINITION:

    it is the act or process of


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

    Act or process
    Ascertaining
    Intention of author of the law
    Ambiguity

    Legal Hermeneutics
    Branch of science/jurisprudence
    Establish rules, principles, 0n
    Interpretation or construction
    Legal text or document

    Exegesis
    Application
    Principle, rules, etc. of legal hermeneutics
    Given case

    TWO PROCESSES
    INTERPRETATION

    INTRINSIC AID
    - those found in the
    law itself.

    CONSTRUCTION
    EXTRINSIC AID
    - those found
    outside the
    language of the
    law.

    INTRINSIC AID
    DEFINITION- It is what you see in the law itself
    and includes the following:
    Title
    Preamble
    Words, phrases, and sentences, context
    Punctuations
    Heading and marginal notes
    Legislative definition and interpretation
    Note: The different parts of a law and their
    functions.

    EXTRINSIC AIDS
    Definition- It is what you see outside the four
    corners of the law which includes the following:
    Contemporaneous circumstances
    Policy
    Legislative history of the statute.
    Contemporaneous and practical construction
    Executive construction
    Legislative construction
    Judicial construction
    Construction by the BAR and Legal
    Commentators

    Art or process of statutory


    construction
    Legal hermeneutics
    principles

    ambiguity

    Exegesis

    interpretatio
    n

    Intrinsic
    aid

    principle

    construction

    Extrinsic
    aid

    principle

    Intention

    APPLICATION

    Law as
    interpreted or
    construed
    Facts of the
    case

    P1

    Law/
    Principle

    P2

    Decision

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